Delivt
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Terms and Conditions
1
Acceptance of Terms
1.1. Agreement to Terms:
By accessing or using the Delivt platform ("Service"), which is owned and operated by Delivt ("we", "us", "our"), you ("you", "your", or "User") acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions ("Terms") and our Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement"). If you do not agree to any of these terms, then please do not use the Service.
1.2. Legal Capacity:
You represent and warrant that you are at least 17, or the age of legal majority in your jurisdiction (if different than 17), and possess the legal authority, right, and freedom to enter into the Agreement and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Agreement.
1.3. Modification of Terms:
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.
1.4. Entire Agreement:
These Terms, together with any additional terms and conditions incorporated herein or referred to herein, constitute the entire understanding between User and Delivt relating to the subject matter hereof, and supersede any prior agreements or negotiations between User and Delivt with respect to such subject matter.
1.5. Compliance with Laws:
You agree to use the Service only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third parties.
1.6. Service Eligibility:
The Service is not available to persons who are not legally eligible to be bound by these Terms
1.7. Termination of Service:
We reserve the right to refuse the Service to anyone for any reason at any time. In the event that we terminate your account or access to the Service for a specific reason, such as any breach of these Terms, we will provide you with notice of our actions unless a court order or other legal process prohibits us from doing so.
2
User Accounts
2.1. Account Registration:
To fully utilize the features offered by Delivt, users must create a personal account. During the registration process, you are required to provide accurate, current, and complete information as prompted by our registration forms. This may include your name, contact information, payment details, and other personal identification information. We reserve the right to refuse registration or cancel an account at our discretion.
2.2. Account Responsibilities:
You are solely responsible for safeguarding the confidentiality of your account details, including your password, and for all activities that occur under your account. You agree to: Not share your account credentials with others. Use a strong password and change it regularly. Notify us immediately upon learning of any unauthorized use of your account or any other security breach. Ensure that you exit from your account at the end of each session when accessing the service on a public or shared computer. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.3. Account Information:
Keeping your registration information accurate and up-to-date is crucial for us to provide a personalized experience and for you to enjoy the full benefits of our services. You can login to your account and update your details at any time.
2.4. Account Activity:
Your account is personal to you and you agree not to create multiple accounts. You shall not use your account to engage in any illegal activities or conduct that is detrimental to the performance or function of the service. You are responsible for all content you transmit or otherwise make available through our service.
2.5. Account Termination:
You have the right to terminate your account at any time by contacting our support team with such request. Upon termination, you will no longer have access to the service, and we are not responsible for maintaining or returning any data from your account after termination. We also reserve the right to suspend or terminate your account and your access to the Service at any time, without notice, for conduct that we believe violates these Terms and Conditions or is harmful to other users of Delivt, to us, to third parties, or for any other reason deemed necessary for the maintenance of the integrity and operation of our Service.
2.6. Account Reactivation:
Should you wish to reactivate your account after voluntary termination, we will attempt to retrieve your account, although there is no guarantee that all data will be recovered. Reactivation after an account has been terminated by us due to breach of these Terms will be at our sole discretion.
3
User Conduct
3.1. Compliance with Laws:
You agree to use the Delivt platform in strict compliance with all applicable laws, rules, and regulations. This includes, but is not limited to, laws regarding online conduct, acceptable content, privacy, data protection, intellectual property, export and import controls, tax, and financial services.
3.2. Prohibited Activities:
In connection with your use of the platform, you will not engage in any of the following prohibited activities: Conduct that is fraudulent, deceptive, or misleading. Use of the platform to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material. Transmission of any material that may infringe the intellectual property rights or other rights of third parties. Attempts to gain unauthorized access to, or disrupt the integrity or performance of, the platform or the data contained therein. Harvesting or otherwise collecting information about others, including email addresses, without their consent. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
3.3. Content Standards:
You are responsible for any content you provide, and you must ensure it: Is accurate (where it states facts). Complies with applicable law in any country from which it is posted. Is not defamatory, obscene, offensive, hateful, inflammatory, or promotes sexually explicit material or violence. Does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. Does not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
3.4. Interaction with Other Users:
You are solely responsible for your interactions with other users of the Delivt platform. We reserve the right, but have no obligation, to monitor disagreements between you and other users. Should a dispute arise between you and another user, we encourage you to handle the dispute amicably and directly with the other party.
3.5. Reporting Misconduct:
If you interact with someone through the Delivt platform who you feel is acting or has acted inappropriately, including but not limited to, someone who (i) engages in offensive, violent, or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Delivt by contacting us with your police station and report number at delivt.customer@gmail.com. Your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
3.6. System Integrity:
You agree not to undertake any action that imposes an unreasonable or disproportionately large load on the platform or its network infrastructure, nor to use any device, software, or routine to interfere or attempt to interfere with the proper working of the platform or any activity being conducted on the platform.
3.7. Feedback and Submissions:
Any feedback, comments, ideas, improvements, or suggestions provided by you to Delivt with respect to the platform shall remain the sole and exclusive property of Delivt. We shall be free to use, copy, modify, publish, or redistribute the submissions for any purpose and in any way without any credit or any compensation to you.
4
Transactions
4.1. Transaction Facilitation:
Delivt provides a platform for registered users ("Shoppers") to connect with other registered users ("Travelers") for the purpose of requesting the purchase and delivery of products from international markets ("Items"). The platform facilitates these transactions by providing a marketplace, communication tools, and payment processing services.
4.2. User Agreements:
Users of the Delivt platform will enter into a separate agreement at the time of transaction ("Transaction Agreement"). The Transaction Agreement is solely between the Buyer and the Traveler. Delivt is not a party to the Transaction Agreement, nor does it represent either party in the transaction.
4.3. Role of Delivt:
While Delivt facilitates the marketplace for transactions, it does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by users, Items requested by the Shoppers, the integrity, responsibility or any of the actions or omissions whatsoever of any users.
4.4. Transaction Commitment:
When a Buyer submits a transaction request on the platform, they are entering into a binding agreement to complete the transaction as requested provided a Traveler agrees to accept the transaction. Similarly, when a Traveler agrees to perform a transaction, they are entering into a binding agreement to complete the transaction as agreed upon in the Transaction Agreement.
4.5. Payment:
Payment for transactions must be processed through Delivt's approved payment processing system. Shoppers will be charged according to the terms and pricing agreed upon in the Transaction Agreement. Travelers will receive payment, less any applicable fees charged by Delivt, upon confirmation of delivery of the Item.
4.6. Fees:
Delivt may charge a service fee, transaction fee, or any other fee for the use of certain features of the service, including but not limited to facilitating transactions. The fee structure can be found on Delivt’s Fee Schedule, which may be amended from time to time at Delivt's discretion.
4.7. Refunds and Cancellations:
Refunds and cancellations are subject to the terms of the Transaction Agreement. Delivt reserves the right, but is not obligated, to mediate disputes between users concerning refunds and cancellations. Users are encouraged to communicate directly to resolve such matters.
4.8. Prohibited Transactions:
Users may not use the platform to conduct transactions that involve illegal items, are fraudulent, or otherwise violate the User Conduct provisions of these Terms and Conditions.
4.9. Tax Compliance:
Users are responsible for determining any tax implications of the transactions they complete via the Delivt platform. Users are also responsible for remitting any taxes to the appropriate taxing authority.
4.10. Reporting Obligations:
All transactions may be subject to reporting to relevant authorities as required by law. Delivt will comply with all its legal reporting obligations.
4.11. User Disputes:
Delivt is under no obligation to become involved in disputes between Shoppers and Travelers, or between site users and any third party. In the event of a dispute, users may report the user misconduct to Delivt. Delivt reserves the right, but has no obligation, to monitor disputes between you and other users.
5
Fees and Payments
5.1. Fees for Services:
Delivt may charge fees for providing certain services within its platform. These services may include, but are not limited to, transaction facilitation between shoppers and travelers, premium account features, advertising services, and any other additional services that Delivt may offer.
5.2. Fee Changes:
Delivt reserves the right to adjust the fees for our services as we deem necessary. We will provide you with reasonable advance notice of any fee changes, except in situations where the change is due to legal or regulatory requirements.
5.3. Fee Structure:
The fee structure, including any commissions or processing fees, will be clearly provided to users within the app or on Delivt’s website. Users will be notified of the applicable fees prior to using any service for which a fee is charged.
5.4. Payment Obligations:
Users are responsible for paying any fees that they incur on the platform. Payment is due upon invoice or at the time of purchase, as determined by Delivt. If payment is not made on time, Delivt reserves the right to suspend or terminate access to the paid services.
5.5. Payment Methods:
Delivt accepts various forms of payment, which may include credit cards, debit cards, PayPal, and other electronic payment methods. Users must provide a valid payment method and authorize Delivt to charge all fees as they become due.
5.6. Refunds and Cancellations:
Services purchased on Delivt are non-refundable, except as required by law or as explicitly stated in the service agreement. In the event of a cancellation by either a buyer or a traveler, Delivt’s cancellation policy, as stated on the platform, will apply.
5.7. Taxes:
You are responsible for all applicable taxes, levies, or duties associated with your purchases on the Delivt platform, excluding taxes based on Delivt’s net income. You must provide Delivt with accurate factual information to determine if any such taxes are due.
5.8. Disputes:
You must notify Delivt in writing within a certain number of days (to be determined by Delivt) after receiving your credit card statement if you dispute any of our charges on that statement or such dispute will be deemed waived.
6
Intellectual Property
6.1. Ownership of Intellectual Property:
All intellectual property rights in the service and its original content, features, and functionality are and will remain the exclusive property of Delivt and its licensors. This includes, but is not limited to, any software, technology, materials, designs, trademarks, service marks, trade names, logos, and all other intellectual property and proprietary rights therein. Without limitation, this applies to text, graphics, images, layouts, interfaces, icons, photographs, audio clips, and digital downloads.
6.2. Use of Intellectual Property:
Your use of our service grants you no right or license to reproduce or otherwise use any Delivt or third-party trademarks. You are permitted to use the service only as expressly authorized by these Terms and Conditions.
6.3. Copyright Infringement Claims:
If you believe that your copyright has been infringed upon by our service, please notify us by providing a written notice that includes the following information: Your name and the name of the company you represent, if applicable. Your contact information, including your address, telephone number, and email. A description of the copyrighted work that you claim has been infringed. A description of where on our service the material you claim is infringing is located, sufficient for us to locate the material. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
6.4. User-Generated Content:
You may be able to post, upload, or otherwise contribute content to the service ("User-Generated Content"). You retain all rights in, and are solely responsible for, the User-Generated Content you post to the service. However, by submitting the User-Generated Content, you grant Delivt a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User-Generated Content throughout the world in any media.
6.5. Third-Party Intellectual Property:
Our service may contain material, such as software, graphics, and other content supplied by third parties, and users may also upload content protected by intellectual property rights they own or control. All such third-party material is protected by its respective intellectual property laws, and we disclaim all liability for any infringement of intellectual property rights arising from such material.
6.6. Reporting Unauthorized Content:
We respect the intellectual property rights of others and ask our users to do the same. If you encounter content you believe to be in violation of your intellectual property rights on our service, please follow the procedures outlined in section 7.3 to report the matter to us.
6.7. Intellectual Property of Others:
You must respect the intellectual property laws protecting the content accessible through our service. Unauthorized use or distribution of material protected by these laws is prohibited by our Terms and Conditions, and may also be a violation of the law, which could result in civil and criminal penalties.
7
Termination
7.1. Right to Terminate:
Delivt reserves the right, at its sole discretion, to terminate or suspend your account and revoke your access to the platform at any time, without notice, for conduct that Delivt believes violates these Terms and Conditions or is harmful to other users of the Delivt service, or for any other reason.
7.2. Termination for Breach:
If you breach any of the terms and conditions herein, including, without limitation, failure to pay any fees owed, unauthorized use of the platform, or any actions that could damage the rights or interests of Delivt or others, Delivt may, without prejudice to any other right or remedy, terminate your use of the service and delete your account.
7.3. Account Inactivity:
We may terminate your account and delete any content contained in it if there is no account activity (such as a login event or payment made) for over a specified period of time, which will be communicated through the platform or directly to the account holder.
7.4. Consequences of Termination:
Upon termination, all licenses granted by Delivt will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Delivt shall not be responsible for the loss of such content.
7.5. User Initiated Termination:
You may terminate your account at any time by following the instructions on the platform. If you need help terminating your account, please contact our customer support at delivt.customer@gmail.com.
7.6. Post-Termination:
After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Delivt: Section 7 (Intellectual Property), Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), and Section 11 (Governing Law).
7.7. Survival:
Termination of your account includes the removal of access to all offerings within the Delivt service and may also bar you from further use of the Delivt services. Sections 7, 9, 10, and 11 of these Terms and Conditions, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.
8
Disclaimer of Warranties
8.1. No Warranties for Services:
You expressly acknowledge and agree that use of the Delivt services (the "Service") is at your sole risk. The Service and any data, information, third-party software, user content, reference sites, services, or applications made available in conjunction with or through the Service are provided on an "as is" and "as available," "with all faults" basis and without warranties or representations of any kind either express or implied.
8.2. No Warranties Regarding Availability:
Delivt and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors do not warrant that the Service will be uninterrupted or error-free; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. Delivt does not warrant or make any representations regarding the use or the results of the use of the Service with respect to performance, accuracy, reliability, security capability, currentness, or otherwise. You understand and agree that you use the Service, and use, access, download, or otherwise obtain information, materials, or data through the Service and any associated sites or services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
8.3. No Warranties for Transactions:
Delivt and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be available on an uninterrupted, timely, secure, or error-free basis; or (iii) the results that may be obtained from the use of the Service or any services offered through the Site will be accurate or reliable.
8.4. No Implied Warranties:
We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. We disclaim any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Service.
8.5. No Legal Advice:
The Service is not intended to provide legal, tax, or financial advice. Delivt is not a law firm, and the employees and agents of Delivt are not acting as your attorney. The information contained in the Service is provided for general informational purposes only and may not reflect current legal developments or address your situation. We do not guarantee that the information on the Service is correct, complete, or up-to-date. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or tool like the kind we provide can fit every circumstance. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
8.6. No Warranties for Non-Delivt Entities:
Delivt and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors make no warranty regarding any transactions executed through, or in connection with this Site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through this Site from a third party is provided solely by such third party, and not by Delivt or any other of its affiliates.
8.7. No Responsibility for Third-Party Materials:
The Service may provide links to third-party materials that are not owned or controlled by Delivt. You acknowledge and agree that Delivt is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9
Limitation of Liability
9.1. Limitation on Indirect Liability:
To the maximum extent permitted by applicable law, in no event shall Delivt, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this service.
9.2. Basis of the Bargain:
The users of Delivt acknowledge that Delivt has set its prices and entered into these Terms in reliance upon the limitations of liability set forth in this document, and that these limitations reflect a reasonable and fair allocation of risk between the parties, form an essential basis of the bargain between the parties, and will apply even if one or more remedies are found to fail their essential purpose.
9.3. Limitation on Amount:
Without limiting the foregoing, to the maximum extent permitted by applicable law, Delivt 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 or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any loss of your data or content from the service; (vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (viii) user content or the defamatory, offensive, or illegal conduct of any third party.
9.4. Exclusion of Certain Damages:
In no event shall Delivt be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this service, or persons you meet through this service.
9.5. User Content:
Delivt does not approve, control, or endorse your or anyone else’s User Content and has no obligation to do so. However, Delivt reserves the right to remove any User Content at any time without notice.
9.6. Jurisdictional Limitations:
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Delivt shall be limited to the greatest extent permitted by law.
9.7. Contact Information:
If you have any concerns or questions about this section, please contact us at delivt.customer@gmail.com, and we will be happy to provide further clarifications.
10
Changes to the Service
10.1. Service Modification:
Delivt reserves the right, at its sole discretion, to modify, discontinue, or terminate any aspect of the Service at any time. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable content, file sizes, and file types. We will provide notice of such changes on our platform or directly to you via the contact information you have provided in your user account.
10.2. Service Availability:
We aim to provide the Service to you continuously. However, we may require to perform scheduled or unscheduled repairs, maintenance, or upgrades and therefore, may, from time to time, and without notice, restrict your access to the Service or particular features within it. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.
10.3. Content Adjustment:
We reserve the right to change, edit, or remove content that is available on the Service for various reasons, including that such content violates these Terms and Conditions, our policies, or applicable laws or regulations.
10.4. User Feedback:
We may, without any obligation to do so, consider user feedback and suggestions for improvements to the Service. However, such considerations will not automatically result in changes, and we reserve the right to use feedback without any obligation to the user who provided it.
10.5. Third-Party Services:
Our Service may include links to third-party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to or from our Service
10.6. Feature Removal:
We may, in our discretion, discontinue any feature of the Service at any time without notice. If a feature for which you have paid a fee is permanently discontinued, we will provide a pro-rata refund for the time remaining on your subscription or access.
10.7. User Notification:
In the event of any significant changes that materially alter your rights or obligations under these Terms and Conditions, we will make reasonable efforts to notify you through the Service, by email, or other communication methods
10.8. Your Responsibility:
It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Last updated: January 23, 2024