These terms of use constitute an agreement (the “Agreement” or “Terms of Use”) between you and
DeliveryConnect (“DeliveryConnect”, “we,” “us” or “our”) governing your use of the DeliveryConnect
application and/or website.
This Agreement applies to all users. All references “you”, “your”,
“yourself” in this Agreement apply all users unless it is specified accordingly.
1.1.   IMPORTANT: BY USING DeliveryConnect APPLICATION AND/OR WEBSITES (THE “SERVICE”), YOU
AGREE
THAT YOU
HAVE READ, UNDERSTOOD, ACCEPTED AND AGREED WITH THESE TERMS AND CONDITIONS. YOU FURTHER AGREE TO THE
REPRESENTATIONS MADE BY YOURSELF BELOW. IF YOU DO NOT AGREE TO OR FALL WITHIN THE TERMS OF USE OF THE
SERVICE AND/OR WISH TO DISCONTINUE USING THE SERVICE, PLEASE DO NOT CONTINUE USING THIS SERVICE.
1.2.   The Terms of Use stated herein constitute a legal agreement between you and
DeliveryConnect
and its
subsidiaries and affiliates. In order to use the Service, you must agree to the Terms of Use that are
set out below. By using the mobile application and websites supplied to you by DeliveryConnect (the
“Application” or “App”), and downloading, installing or using any associated software supplied by
DeliveryConnect (the “Software”), you hereby expressly acknowledge and agree to be bound by the Terms of
Use, and any future amendments and additions to these Terms of Use as published from time to time
through the Application. By installing the DeliveryConnect on your mobile device or computer, you
unconditionally agree with all the rules, conditions and information posted in the DeliveryConnect
Application itself and on the website, including but not limited to: these Terms of Use, privacy policy
(insert link to privacy policy) Terms of Use customized services of DeliveryConnect, as well as the
Rules in the Application.
1.3.   Please note that DeliveryConnect may change any part of these Terms of Use at any
time.
When
DeliveryConnect does that, it will provide you with reasonable notice and your continued use of the
Application and/or the Services after the notice period will constitute your acceptance of the updated
Terms of Use. You agree that it shall be your responsibility to review the Terms of Use regularly and
also the Terms of Use applicable to any country where you use the Service whereupon the continued use of
the Service after any such changes, whether or not reviewed by you, shall constitute your consent and
acceptance to such changes. You further agree that usage of the Service in any other country shall be
subject to the Terms of Use prevailing in that other country.
1.4   It is worthy of note that DeliveryConnect is not a transportation, courier service
provider.
It is
up to the third party providers servcies to offer services to you and it is up to you to accept such
services. The service of DeliveryConnect is to link you with such service providers but does not nor is
it intended to provide such services or any act that can be construed in any way as an act of a service
provider.
1.6.   DeliveryConnect is not responsible nor liable for the acts and/or omissions of any
service
provider
to you.
Welcome to DeliveryConnect. We are committed to protecting your privacy. This policy describes our
privacy practices, the personal information we collect, how we use and share it, as well as your choices
and rights regarding this information.
This Privacy Policy applies to our Services wherever we provide them, and we will comply with local laws
in relation to all practices described in this policy. If there is an inconsistency between this policy
and the local law, we will comply with the local law to the extent of the inconsistency.
DeliveryConnect is provided and controlled by the entity indicated in the Terms of Use applicable to
your country of residence (“we” or “us”).
This policy applies to all DeliveryConnect users, including users of our website,
https://DeliveryConnect.com/(“Website”), any of the DeliveryConnect mobile applications (“Apps”), and
any services we provide through the Website or Apps, as well as when you contact us via telephone,
email, written correspondence, social media, in-person, or any other means of contact (collectively,
“Services”). This policy does not cover how we handle information that we collect about our employees or
business associates, including our corporate partners, vendors, and subcontractors, but does apply to
our Drivers.
In this policy individuals who utilize our Services are referred to as “Users.” Users that request or
receive transportation are referred to as “Riders” and individuals who provide transportation to Riders
are referred to as “Drivers.” Capitalized terms that are not defined in this policy have the meaning
given to them in the Terms of Use. If you accept the Terms of Use you agree to us dealing with your
information in the way described in this policy.
We collect three categories of information about you: information you provide, information we collect automatically, and information we obtain from other sources. We do not collect or process information about your racial or ethnic origin, political opinions or membership of any political association, religious or philosophical beliefs, trade-union membership, genetic data, biometric data, or data concerning a person’s sex life.
We use the personal information we collect:
We know how important it is to keep your personal information confidential. In this section we describe when and with whom we may share your information that we collect.
We retain your information for as long as necessary to provide you our Services and for the other
purposes set out in this policy.
The retention periods will be different depending on the type of information, the category of User
to whom the information relates, and the purposes for which we use it.
When we process your information to provide you with the Service, we keep this information for as
long as you have an account with us.
We may retain User information after account termination
due to legal or regulatory requirements or for reasons stated in this policy, including as explained
in the section titled “Deleting your account and data.” For example, we will retain your information
if there is an outstanding debt associated with your account.
We retain transactional
information such as rides and payments for the period of time necessary to perform tax obligations.
If you violate DeliveryConnect’s Terms of Use or rules, we may keep your information for as long as
it may be necessary to investigate and resolve the violation. We also retain information for the
purpose of responding to any legal claims in relation to the Services.
We take reasonable and appropriate technical, administrative, and physical security measures,
appropriate to the nature of the personal information at issue, designed to protect your personal
information from loss, theft, misuse and unauthorized access, disclosure, alteration, and
destruction.
We regularly review our security measures to consider available new technology and methods. But
guaranteed security does not exist either on or off the Internet.
We cannot guarantee the
security of your information, including against unauthorized intrusions or acts by third parties.
However, we make commercially reasonable efforts to make the collection and security of such
information consistent with this policy and all applicable laws and Intellectual.
1.   By using the Service, you expressly represent and warrant that you are legally entitled
to accept
and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the
generality of the foregoing, the Service is not available to persons who are forbidden for any reason
whatsoever to enter into a contractual relationship. By using the Service, you further represent and
warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of
Use. You further confirm that all the information which you provide to DeliveryConnect shall be true and
accurate. You warrant that your use of the Service is for your own sole, personal use. You undertake not
to authorise others to use your identity or user status, and you may not assign or otherwise transfer
your user account to any other person or entity.
2.   You may only access the Service using authorised means. It is your responsibility to
check and
ensure that you have downloaded the correct Software for your device. DeliveryConnect is not liable if
you do not have a compatible device or if you have downloaded the wrong version of the Software to your
device. DeliveryConnect reserves the right not to permit you to use the Service should you use the
Application and/or the Software with an incompatible or unauthorised device or for purposes other than
which the Software and/or the Application is intended to be used.
3.   If you are a service provider you further represent, warrant/undertake that you possess
a valid
license, all the appropriate licenses, approvals, qualifications, certificates at all times. You, as a
driver, must inform DeliveryConnect immediately if you stop holding aforementioned licenses, approvals,
qualifications, certificates.
1.   The order of payment is determined solely by DeliveryConnect
2.   You agree that this Agreement shall be subject to all prevailing statutory taxes,
duties, fees,
charges and/or costs, however denominated, as may be in force and in connection with any future taxes
that may be introduced at any point of time. You further agree to use your best efforts to do everything
necessary and required by the relevant laws to enable, assist and/or defend DeliveryConnect to claim or
verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in
connection with the Services supplied under this Agreement.
3.   You are responsible for the collection and remission of all taxes associated with the
services you
provide or receive or any transactions through your use of the Services, and DeliveryConnect will not be
held accountable in relation to any transactions between the passengers and the drivers where tax
related misconduct has occurred.
1.   License. Subject to your compliance with these Terms of Use, DeliveryConnect grants you
a
restricted, non-exclusive, non-transferrable, non-assignable, revocable license to: (a) access and use
the Application on your personal device only for the purpose of using the Services; and (b) access and
view any content or materials that may be made available through the Services, in each case only for
your personal, noncommercial use. All rights not expressly granted to you herein are reserved by
DeliveryConnect and DeliveryConnect's licensors.
2.   Limitations and restrictions. You are not allowed to: (a) remove any copyright,
trademark or other
proprietary notices from any part of the Services; (b) modify, create derivative works based upon,
reproduce, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast or
otherwise use the Services unless given a written consent to do so by DeliveryConnect; (c) reverse
engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the
Services except as may be permitted by applicable law; (d) frame, link to or mirror any part of the
Services; (e) cause or run any programs or scripts for the purpose of scraping, indexing, surveying or
conducting any other form of data collecting on any part of the Services or intentionally overloading or
hindering the operation and/or functionality of any aspect of the Services; or (f) try to gain
unauthorised access to or attempt to damage any part of the Services or its related systems or networks.
3.   You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or
otherwise
commercially exploit or make available to any third party the Application and/or the Software in any
way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create
internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless
or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a
competitive product or service, (b) build a product using similar ideas, features, functions or graphics
of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the
Application and/or the Software, (v) launch an automated program or script, including, but not limited
to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any
program which may make multiple server requests per second, or unduly burdens or hinders the operation
and/or performance of the Application and/or the Software, (vi) use any robot, spider, site
search/retrieval application, or other manual or automatic device or process to retrieve, index, “data
mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services
or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior consent of the owner of such proprietary
rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the
Service.
4.   You may use the Software and/or the Application only for your personal purpose and shall
not use
the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages;
(ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious
material, including but not limited to materials harmful to children or violative of third party privacy
rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer
code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of
the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorised
access to the Software and/or the Application or its related systems or networks; or (vi) impersonate
any person or entity or otherwise misrepresent your affiliation with a person or entity.
5.   You should abstain from any conduct that could possibly damage DeliveryConnect's
reputation or
amount to being disparaging or brining DeliveryConnect into disrepute.
1.   THE SERVICE CONTAINS CONTENT (SUCH AS DESIGN, IMAGES, SOUNDS, TEXTS, DATABASES, COMPUTER CODES, REGISTERED AND UNREGISTERED TRADEMARKS AND OTHER SIMILAR OBJECTS) OWNED OR LICENSED BY DeliveryConnect, WHICH IS PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET AND OTHER LAWS. DeliveryConnect AND ITS LICENSORS, WHERE APPLICABLE, SHALL OWN ALL RIGHTS, TITLE AND INTEREST, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE SOFTWARE AND/OR THE APPLICATION AND BY EXTENSION, THE SERVICE AND ANY SUGGESTIONS, IDEAS, ENHANCEMENT REQUESTS, FEEDBACK, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY YOU OR ANY OTHER PARTY RELATING TO THE SERVICE. THE TERMS OF USE DO NOT CONSTITUTE A SALE AGREEMENT AND DO NOT CONVEY TO YOU ANY RIGHTS OF OWNERSHIP IN OR RELATED TO THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR ANY INTELLECTUAL PROPERTY RIGHTS OWNED BY DeliveryConnect AND/OR ITS LICENSORS. DeliveryConnect NAME, DeliveryConnect LOGO, THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION AND THE TRANSPORTATION PROVIDERS' LOGOS AND THE PRODUCT NAMES ASSOCIATED WITH THE SOFTWARE AND/OR THE APPLICATION ARE TRADEMARKS OF DeliveryConnect OR THIRD PARTIES, AND NO RIGHT OR LICENSE IS GRANTED TO USE THEM. FOR THE AVOIDANCE OF DOUBT, THE TERM SOFTWARE AND APPLICATION HEREIN SHALL INCLUDE ITS RESPECTIVE COMPONENTS, PROCESSES AND DESIGN IN ITS ENTIRETY.
1.   With respect to your use of DeliveryConnect and your participation in the Services, you
agree that, while on the Application or otherwise using the Service, you will not:
a, fraudulently impersonate any person or entity ;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, ordinance or regulation;
d. interfere with or disrupt the Services or the servers or networks connected to DeliveryConnect;
e. post Information or interact on DeliveryConnect App or Services in a manner which is false,
inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous,
abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
f. use the DeliveryConnect App or Service in any way that infringes any third party's rights, including
but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or programs designed to interrupt,
damage, destroy or limit the functionality of any computer software or hardware or telecommunications
equipment or surreptitiously intercept or expropriate any system, data or personal information;
h. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content
transmitted through DeliveryConnect;
i. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion
of Software or any software used on or for DeliveryConnect;
j. rent, lease, lend, sell, redistribute, license or sublicense DeliveryConnect App and the Site or
access to any portion of DeliveryConnect;
k, use any robot, spider, site search/retrieval application, or other manual or automatic device or
process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational
structure or presentation of DeliveryConnect or its contents;
l. create liability for us or cause us to become subject to regulation as a transportation carrier or
provider of taxi service;
m.. link directly or indirectly to any other websites;
n. transfer or sell your User account, password and/or identification to any other party; or
o, cause any third party to engage in the restricted activities above
1.   You shall maintain in confidence all information and data relating to DeliveryConnect, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of DeliveryConnect (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from DeliveryConnect, or any of its affiliated companies, or created in the course of this Agreement (“Confidential Information”). You shall further ensure that you, your officers, employees and agents only use such confidential information in order to perform the Services, and shall not without DeliveryConnect's prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement. 2.   You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of DeliveryConnect in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to DeliveryConnect with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by DeliveryConnect or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of DeliveryConnect; becomes known to you, without restriction, from a source other than DeliveryConnect without breach of this Agreement by you and otherwise not in violation of DeliveryConnect's rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to DeliveryConnect to enable DeliveryConnect to seek a protective order or otherwise prevent or restrict such disclosure.
1.   You agree and consent to DeliveryConnect using and processing your Personal Data for the
purposes and in the manner as identified hereunder.
2.   For the purposes of this Agreement, “Personal Data” means information about you, from
which you are identifiable, including but not limited to your name, identification card number, address,
telephone number, credit or debit card details, gender, date of birth, email address, any information
about you which you have provided to DeliveryConnect in registration forms, application forms or any
other similar forms and/or any information about you that has been or may be collected, stored, used and
processed by DeliveryConnect from time to time and includes sensitive Personal Information.
3.   The provision of your Personal Data is voluntary. However, if you do not provide
DeliveryConnect with your Personal Data, your access to the Application may be incomplete and
DeliveryConnect will not be able to process your Personal Data for the purposes outlined in our Privacy
Policy and this may cause DeliveryConnect to be unable to allow you to use the Service.
4.   You agree that DeliveryConnect may send you push notifications and emails, contact you
by telephone or text messages (including by an automatic telephone dialing system) at any of the phone
numbers provided by you or on your behalf in connection with an DeliveryConnect account, including for
marketing purposes. You understand that you are not required to provide this consent as a condition of
purchasing any property, goods or services from DeliveryConnect.
5.   Collection and use of Personal Information in connection with the Services is described
in DeliveryConnect Privacy Policy located at (Insert link to privacy policy)
1.   By agreeing to the Terms of Use and/or using the Service, you agree that you shall
defend, indemnify and hold DeliveryConnect, its officers, directors, members, employees, attorneys and
agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses
(including attorneys' fees and costs) arising out of or in connection with:
(a) your use of the
Service,
Software and/or the Application, your dealing with the third party transportation providers, third party
providers, partners, advertisers and/or sponsors, or
(b) your violation or breach of any of the
Terms of
Use or any applicable law or regulation, whether or not referenced herein or
(c) your violation of
any
rights of any third party, including third party transportation providers arranged via the Service, or
(d) your use or misuse of the Service, Software and/or the Application.
1.   DeliveryConnect MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. DeliveryConnect DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR 2. &nsbp The Service, application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. DeliveryConnect is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
1   Any claims against DeliveryConnect by you shall in any event be limited to the aggregate
amount of all amounts actually paid by and/or due from you in utilising the service during the event
giving rise to such claims. IN NO EVENT SHALL DeliveryConnect AND/OR ITS LICENSORS BE LIABLE TO YOU OR
ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL
DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). DeliveryConnect
AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR
CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO
LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE
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 PROVIDER, ADVERTISER OR
SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR
THE SOFTWARE, EVEN IF DeliveryConnect AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. DeliveryConnect does not and will not assess nor monitor the suitability,
legality, ability, movement or location of any third party providers including third party
transportation providers, advertisers and/or sponsors and you expressly waive and release
DeliveryConnect from any and all liability, claims or damages arising from or in any way related to the
third party providers including third party transportation providers, advertisers and/or sponsors.
DeliveryConnect will not be a party to disputes, negotiations of disputes between you and such third
party providers including third party transportation providers, advertisers and/or sponsors. We cannot
and will not play any role in managing payments between you and the third party providers, including
third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you
make regarding services and products offered via the service, software and/or the application (with all
its implications) rests solely with and on you. You expressly waive and release DeliveryConnect from any
and all liability, claims, causes of action, or damages arising from your use of the service, software
and/or the application, or in any way related to the third parties including third party transportation
providers, advertisers and/or sponsors introduced to you by the service, software and/or the
application.
2   The quality of the third party transportation services scheduled through the use of the
service is entirely the responsibility of the third party transportation provider who ultimately
provides such transportation services to you. You understand, therefore, that by using the service, you
may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or
otherwise objectionable, and that you use the service at your own risk.
...