Delivery Fleet Group Inc., a Texas company with a registered address of 9494 Southwest Freeway Suite 450 P, Houston, TX 77074, (hereinafter the “Delivery Fleet”), is a technology company that offers technology-based systems, including mobile apps and web-based applications, for interested users to offer or receive Same-day Delivery Service, under terms and conditions of this agreement and applicable laws. The technology platforms offered by Delivery Fleet will be called under the general name of Delivery Fleet Platforms, or DFP.
ALL DELIVERY FLEET USERS MUST AGREE WITH THE STRIPE CONNECTED ACCOUNT AGREEMENT, AVAILABLE AT https://stripe.com/connect/account-terms, AS AN AMENDMENT TO THIS AGREEMENT, SINCE DELIVERY FLEET MAY USE THE STRIPE SERVICE TO COMPLETE THEIR PAYMENT TRANSACTIONS.
AS A DFP USER, YOU UNDERSTAND AND AGREE THAT DELIVERY FLEET IS NOT A DELIVERY SERVICE COMPANY OR A LOGISTICS COURIER COMPANY, OR A PROVIDER OF ANY OF THE ITEMS THAT ARE DELIVERED THROUGH DFP, BUT DELIVERY FLEET IS A TECHNOLOGY COMPANY THAT DEVELOPS SOFTWARE APPLICATIONS THAT CAN BE UTILIZED USING SMARTPHONES OR WEB SERVICES FOR INTERESTED PARTIES TO OFFER OR RECEIVE "SAME-DAY DELIVERY SERVICE", WHICH MEANS PICK-UP, TRANSPORTATION, AND DELIVERY OF ANY QUALIFIED ITEMS UNDER CONDITIONS OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT DELIVERY FLEET IS NOT RESPONSIBLE REGARDING THE ACTIONS OF DFP USERS, INCLUDING THE USERS THAT PROVIDE OR RECEIVE PRODUCTS OR SERVICES THROUGH DFP.
DELIVERY FLEET RESERVES THE RIGHTS IN AND TO THE DFP AND ALL THE RELATED INTELLECTUAL PROPERTY NOT EXPRESSLY GRANTED UNDER THIS AGREEMENT. DELIVERY FLEET HAS THE RIGHT TO STOP PROVIDING THE DFP OR MAKING ANY CHANGES TO DFP WITHOUT ANY OBLIGATION TO THE DFP USERS AT ANY TIME.
1. DFP USERS
Each and Every DFP user expressly represents and warrants that he or she has fully read, understood, and agreed to this agreement and that he or she is legally entitled to enter into this agreement on behalf of himself or herself or the organization or entity that he or she represents and that he or she has the right, authority, and capacity to enter into this agreement. Especially, a user expressly warrants to
1. be 18 years of age or older, and
2. provide accurate, current, complete, and supportable information to Delivery Fleet, and
3. be legally authorized to use DFP and offer or receive "Same-day Delivery Service" in the area of which he or she accesses DFP.
The DFP users may have one or some of the following three user statuses, as approved by Delivery Fleet, before they can have access to DFP at any time:
1. “Customers”; a Customer is any individual or business representative that is lawfully willing to receive Same-day Delivery Service through DFP under the conditions of this agreement, is granted by Delivery Fleet a Customer user status, and such user status is not suspended or terminated
2. "Delivery Associates"; a Delivery Associate is a self-employed individual (independent contractor) that is lawfully willing to offer Same-day Delivery Service through DFP under conditions of this agreement, is granted by Delivery Fleet a Delivery Associate user status, and such user status is not suspended or terminated.
3. “Customer Clients”; a Customer Client is any individuals that a Customer sends an item to him or her or receives an item from him or her using the Same-day Delivery Service offered through DFP by Delivery Associates, completes a sign up process that includes approval by Delivery Fleet to obtain a Customer Client user status with DFP to receive information regarding the items that are subjects of Same-day Delivery Service through DFP, and such user status is not suspended or terminated.
All DFP users are solely responsible for their interactions with other DFP users and expressly understand and agree that Delivery Fleet is not represented or partnered by any of the DFP users, including Delivery Associates, and no employment or agency relationship exists between Delivery fleet and the DFP users. All DFP users expressly agree to wave and release Delivery Fleet with no limitation from any and all claims, damages, and liabilities related to their interaction with other DFP users, including any interaction under which a transaction is completed through DFP.
More specific terms about the DFP users are provided in the following sections.
2. Delivery Associates
A Delivery Associate is an independent contractor that offers a paid Same-day Delivery Service to DFP users. A Delivery Associate has no employment relationship with Delivery Fleet or other DFP users and has no authority to bind or represent Delivery Fleet or other DFP users.
A person is qualified to join DFP as a Delivery Associate if he or she completes a Delivery Associate application process as instructed by Delivery Fleet, which requires a final approval by Delivery Fleet. The Delivery Associate user status is always associated with an expiration date, which requires completion of a Delivery Associate renewal application before it can be extended. Delivery Associate user status may also be associated with other restrictions, such as limited area of operation, delivery package size and weight limits, and other conditions, as determined by Delivery Fleet at the time of approval, or any other time.
Delivery Associates expressly agree to comply with all the conditions of this agreement and provide all the necessary information to Delivery Fleet accurately and completely to initiate and maintain a Delivery Associate user status with DFP. Still, Delivery Fleet reserves the right to refuse a Delivery Associate application or suspend a Delivery Associate user status if according to its opinion the applicant or user may not be able to offer a safe, reliable, and timely Same-day Delivery Service for DFP users.
Delivery Associates may receive Same-day Delivery Service requests for DFP Customer through the DFP App or other DFP communication methods. The following rules apply on the service that Delivery Associates offer through DFP:
1. When A Delivery Associate is available and ready to complete Same-day Delivery Service, they should update their status with DFP as online or on-duty, in which case, he or she will be considered to receive any referred Same-day Delivery Service from Customers that demand such service near his or her location.
2. A Delivery Associate has the right to refuse at no penalty any Same-day Delivery Service request that he or she receives through DFP before and until he or she visits the pickup location for that service or after visiting the pickup location but deciding that the item that is the subject of such Same-day Delivery Service, according to his or her opinion, does not comply with the terms of this agreement or can not be delivered by him safely or in a timely manner, or in exchange to the fee he or she is offered to complete that service. Under such circumstances, Delivery Associate must inform the Customer and Delivery Fleet immediately regarding his or her decision to refuse that service. Delivery Fleet will immediately try to identify another Delivery Associate that is available to complete that service.
3. A Delivery Associate expressly agree and guarantee to complete any Same-day Delivery Service that he or she accepts through DFP and picks up the item that is the subject of that service in exchange to a fee that is recommended by Delivery Fleet for that Same-day Delivery Service. A Delivery Associate can inquire and receive detailed information about the basis of calculating the fee of each Same-day Delivery Service by contacting Delivery Fleet at any time, including before accepting any requests.
4. A Same-day Delivery Service is considered completed if one of the two following conditions are met:
a. The item that is the subject of that Same-day Delivery Service is delivered to Customer Client at the destination location based on the delivery instructions provided to the Delivery Associate through DFP and with the same conditions as the item was picked up at the pickup location as soon as possible but not more than 4 hours after the pickup time. Delivery Associate must contact Delivery Fleet or the Customer immediately if he or she has any questions regarding the delivery instructions or if he or she believes they are not clear or feasible. Delivery of an item to a destination location is confirmed if directly verified by Delivery Fleet or if the Delivery Associate reports such delivery and no complain is received regarding that Delivery from the Customer within 48 hours after the time of pick up.
b. If a Delivery Associate finds it impossible or too time consuming to deliver the item according to the delivery instructions at the destination location, Delivery Associate must inform the Customer immediately and return the item to the Customer at the pickup location, as soon as possible but not more than 6 hours after the pickup time. If the pickup location is closed when the Delivery Associate arrives to return the item within 6 hours after the time of pickup, Delivery Associate must drop off the item at the pickup location, unless Delivery Associate accepts to follow other instructions as provided by the Customer through DFP.
5. Picking up an item that is the subject of a Same-day Delivery Service offered through DFP by a Delivery Associate is an expression of accepting that service by him or her under the terms of this agreement. If the item that is the subject of a Same-day Delivery Service is damaged, lost, or stolen when in possession of a Delivery Associate, or if it is not delivered within acceptable time of delivery as defined under section 4.a of this agreement to the Customer Client, or if it is not returned to Customer within acceptable time of return as defined in section 4.b of this agreement, or if the instructions for delivery are not followed due to gross negligence, a violation of the terms of this agreement by the Delivery Associate in that Same-day Delivery Service will be assumed, which may require the Delivery Associate to pay a fine up to $300 for that individual violation, as determined by Delivery Fleet, due immediately after the violation is determined by Delivery Fleet. The Delivery Associate user status of a DFP user may be suspended or cancelled immediately if a violation of this agreement is determined by Delivery Fleet. A Delivery Associate must file a report to describe reasons that led to the violation of the terms described in this section immediately after the incident before his or her DFP user status can be reactivated.
6. Delivery Associates will not purchase items for Customers or Customer Clients.
All Delivery Associates agree to install the DFP on their personal smartphones. They also agree to remain connected to the DFP app and network during the time they are completing a Same-day Delivery Service that they have accepted, unless for reasons beyond their control. They also authorize Delivery Fleet to monitor their location and other information on their phone to verify their identity and progress on services they provide to DFP users and use the collected data for legal business purposes.
Delivery Associates authorize Delivery fleet to determine a reasonable price for their service to DFP users, on a basis that will be shared with them by Delivery Fleet as per their request, and authorize Delivery Fleet to make changes to their service price according to legal limitations, market values, and other reasons. Accepting to offer a Same-day Delivery Service through DFP is an expression of accepting the recommended price by Delivery Fleet for that service.
Customer agrees to receive a paid Same-day Delivery Service through DFP under conditions of this agreement, which includes paying a price for any Same-day Delivery Service that they request through DFP. The total price of any Same-day Delivery Service for a Customer includes a fee for access to DFP that belongs to Delivery Fleet, in addition to the fee that is paid to the corresponding Delivery Associate. Customers expressly agrees and understands that the portion of the fee that is paid for the Delivery Fleet service (access to DFP) after each Same-day Delivery Service is a processing fee that is only for facilitating the transactions and payments proposed under this agreement, including the identification of an available Delivery Associate that is willing to offer Same-day Delivery Service at the time and location of which the Customer requests that service, which the Customer, at his or her own risk, may decide to accept such service from that Delivery Associate. Customer has the right to decline accepting service from a Delivery Associate and request for another Delivery Associate through DFP, concerning a Same-day Delivery Service request. Delivery Fleet may be able to identify another Delivery Associate for that request at no additional cost to the Customer.
Delivery Fleet, at its sole discretion and as a courtesy to a Customer, may offer some futures and additional services to a Customer through DFP, which may include tools to track the packages that he or she has sent through a Same-day Delivery Service offered by a DFP user, a communication platform between the Delivery Associate, the Customer, and the Customer Client, and access to DFP for a Customer Client to track a package he or she should receive. Such futures and any other services offered by Delivery Fleet may not be available to a Customer or its clients at all or any times and are not required services by Delivery Fleet; Delivery Fleet has the right to limit access or discontinue any and all services under this agreement to any and all Customers at any time.
Customers may submit requests for Same-day Delivery Service through the DFP App, which will be referred by Delivery Fleet to an available Delivery Associate. All Customers agree that they only submit through DFP Same-day Delivery Service request for an item that:
1. Can be loaded, unloaded, or carried safely by a normal human with no major risk of damage to the item or health for the carrying person, and
2. Has a weight that is not more than 32 lbs, and
3. Has a value that is not greater than $300, and
4. Is not dangerous to the driver and receiver or harmful to the environment (toxic chemicals, weapons and explosives, flammable items, etc.), and
5. Is legally under possession of the Customer and permissible for him or her to send it to the Customer Client for that service (e.g. is not stolen, does not require permission from another person or organization or government or such permissions are already obtained by the Customer, the Customer Client is legally permitted to receive that item).
A Customer expressly accepts full responsibility regarding any items he or she sends through Same-day Delivery Service offered through DFP and confirms that the item meets all the above conditions and otherwise is the sole responsible party regarding any and all claims related to that item.
The following rules apply on the services that Delivery Associates offer through DFP:
1. All the payments and transactions must be completed through DFP.
2. If a Customer cancels a Same-day Delivery Service request before the service is assigned and accepted by a Delivery Associate, there will be no cancellation fee for that request.
3. If a Customer cancels a Same-day Delivery Service request after the service is assigned and accepted by a Delivery Associate, the Customer shall pay a cancellation fee as determined by Delivery Fleet.
4. If Customer cancels a Same-day Delivery Service after the item that is the subject of that service is already picked up by a Delivery Associate but it is not yet delivered, Customer must pay the full price of that service even if the delivery of that item can not be cancelled. Delivery Associate must try to return the item to the Customer. In case of a successful return of such item, no additional charges are due for that Same-day Delivery Service.
5. If a Customer requests the cancellation of a Same-day Delivery Service that is already completed, or is about to be completed, Customer may request the pickup and return of that item as a new Same-day Delivery Service request that is considered independent from the original Same-day Delivery Service and must be paid for by the Customer.
Customer agrees as a condition of using DFP, to provide information of a valid credit card or other authorized payment methods that will be used by Delivery Fleet to complete all the payment transactions related to his or her access to DFP.
Customer agrees and accepts to provide delivery instructions at the time of submitting a Same-day Delivery Service request, which are legally and safely feasible to be followed and completed by a Delivery Associate at the destination within 15 minutes. Customer expressly agree that if completing a Same-day Delivery Service request according to his or her instructions is not feasible based on the above conditions, that Same-day Delivery Service will be considered as complete, even if the item that is the subject of that Same-day Delivery Service is not delivered to Customer Client. If a Delivery Associate try to return the item to the pickup location but can’t return the item because the Customer or his or her representatives are not present at that time at the pickup location, the Delivery Associate must drop off the item at the pickup location, and the Customer will be responsible regarding that item.
Customer agrees that any claims regarding any Same-day Delivery Service requested through DFP must be communicated with Delivery Fleet by phone or email not more than 48 hours after the completion of that service; otherwise, all the transactions will be considered final and all the claims regarding that service shall be dismissed, including any claims against the Delivery Associate who completed that service, unless otherwise instructed by law.
3. Customer Clients
Delivery Fleet, as a courtesy to Customer and its clients, may offer DFP access to Customer Clients so that they can receive updates about their package or track it during a Same-day Delivery Service. Customer Clients understand and expressly agree that they will only use DFP to track items that are being delivered to them. They also agree to all the terms and conditions of this agreement relevant to their use of the DFP. They agree and understand that Delivery Associates or Delivery Fleet are not provider or responsible party regarding the packages that they receive and it is a sole responsibility of the Customer who sends a package to them to meet their expectations. Customers also agree that all claims regarding the delivery of the item they receive must be directed to the Customer who sends the package.
Delivery Fleet will contact any Customer Client only if the contact information for that Customer Client is provided to Delivery Fleet by a Customer.
5. Access to DFP
Each DFP user is granted an exclusive non-transferable user account under conditions of this agreement and all the applicable laws of where the user is present when using the account. A DFP user may not assign or share his or her user account information with another person or party and may not use the account except for legally authorized actions. It is the responsibility of the user to ensure that a correct version of the software or correct address of the web-based applications are used to access his or her DFP account. The user expressly agrees that he or she
a. use any access to DFP only for lawful purposes and using authorized means,
b. never use DFP to send unlawful material or for fraudulent purposes,
c. never use DFP to cause inconvenience, annoyance, or nuisance,
d. never impair the proper operation of a network to access DFP,
e. never try to harm any of the DFP applications and users,
f. never copy or distribute any of the DFP applications without written permission from Delivery Fleet,
g. will only use DFP for his or her own personal or business use as registered with DFP,
h. never resell DFP user account to a third party,
i. never build a competitive or similar products, services, or graphics of DFP or its components, or reverse engineer any of the DFP components, applications, or services, create links to, or frame or mirror any services of DFP,
j. never launch any programs that frequently makes service requests to DFP that harms the functionality or performance of DFP or its components or burdens or hinders the operation of DFP or its components or collects information from the DFP or its users or attempt to gain unauthorized access to DFP or through DFP.
k. provide accurate and complete information to Delivery Fleet, including proof of identity, to establish and maintain the DFP user account and provide updates of such information immediately after any changes as long as he or she holds a DFP user account.
All DFP users expressly understand and agree that Delivery Fleet may terminate the access of a DFP user to DFP without prior notice and without any explanation or obligation, except for the financial obligations related to the services that have been processed prior to such termination, according to this agreement.
All DFP users expressly understand and agree that Delivery Fleet shall have no liability for any losses a DFP user may experience while downloading, installing, and using the DFP applications and services; DFP users’ access to DFP is at their own risk.
DFP users expressly understand and agree that Delivery Fleet alone shall own all right, title, interest in and to the DFP applications and any ideas, suggestions, feedback, rating information, GPS location data, any other information collected and recorded through any of the DFP applications or interfaces, as well as the logo and names associated with any DFP software applications and websites. No right is granted to DFP users on DFP. ALL THE ASSOCIATED LOGOS WITH DFP ARE TRADEMARKS OF DELIVERY FLEET, UNLESS OTHERWISE STATED.
Delivery Fleet has the right to customize the access of DFP users, including limiting, prioritizing their access, and offering reduced or increased rates to some users with no explanation or obligation to other users.
All DFP users agree to communicate with (to and from) Delivery Fleet in relation to individual Same-day Delivery Services by phone or one of the following written communication methods i) email, ii) text messaging, or iii) DFP mobile app messages. By providing contact information to Delivery Fleet or by installing the DFP mobile app on the devices they control, all DFP users consent to receive messages (phone, text messages, mobile app push notifications) from Delivery Fleet and expressly agree that all types of communications as stated herein are equally valid and are formal forms of communication with Delivery Fleet or with other DFP users.
General notices and communications between Delivery Fleet and DFP users under this Agreement that are not related only to individual Same-day Delivery Services shall be sent by mail or email, both of which are equally formal forms of communication.
Customers agree and understand that Delivery Fleet or Delivery Associates may communicate, on their behalf, to their clients (Customer Clients), using the contact information that they provide through DFP. All Customers agree and understand that they are responsible if a Customer Client has any objections or claims regarding such communication as long as they are completed in relation to the terms and services under this agreement. Customers expressly agree that they have obtained permission from any Customer Client when they provide his or her contact information to DFP or Delivery Fleet for communications regarding a Same-day Delivery Service.
7. TERMS OF PAYMENT
Customer expressly agrees to pay the price of every Same-day Delivery Service that he or she requests through DFP, which is due immediately after completion of that service. The price of every Same-day Delivery Service includes 1) the Delivery Associate fee, 2) a non-refundable processing fee for Delivery Fleet service, and 3) an optional tip to the Delivery Associate if and as specified by the Customer for that Same-day Delivery Service.
Customer also expressly agrees to pay the applicable sales and service taxes associated with the Customer use of the DFP and the Delivery Associate service for each Same-day Delivery Service, which will be added to the total price and will be billed to Customer.
The total price of each Same-day Delivery Service is approximated and shared with the Customer through DFP before the service request is placed and the final price is billed to the Customer. The final price of each Same-day Delivery Service may not exceed %110 of the prior estimation for that price.
Customer must provide banking or credit card information that can be used by Delivery Fleet to process payments for every completed Same-day Delivery Service. If any invoice is not paid when due, Delivery Fleet may suspend provision of all its services until final resolution of the matter. Customer must update payment information immediately if any previously provided information is no longer useful to complete payment transactions.
Customer agrees that submitting the Same-day Delivery Service request through DFP is a legal bound to pay the total price of that service as determined by Delivery Fleet, due immediately after completion of that service. All completed transactions by Delivery Fleet are non-refundable and final, regardless of Customer or Delivery Fleet decision to suspend or terminate this agreement or any disruption caused to DFP and its associated services either planned, accidental, or intentional, for any reason whatsoever. Customer also agrees to pay additional fees for any delinquent accounts, chargebacks, and any other charges and fees that are incidental to the collection of delinquent accounts, including but not limited to convenience fees and third party charges.
Customer agrees that all the communications related to the delinquent accounts will be made using mail, email, or phone communications using contact information as provided by the Customer to Delivery Fleet. Customer understands and agrees that such communications may be made by Delivery Fleet or anyone on its behalf, including third party collection agents.
Delivery Fleet will pay the a portion of the collected fees from Customer for every Same-day Delivery to the Delivery Associate that offered that service through DFP, not more than 16 days after receiving the payments from the Customer.
All DFP users authorize Delivery Fleet to complete transaction for any payments they should pay using the payment method and banking information that they should provide to Delivery Fleet to setup and maintain their user account.
Each and Every Delivery Associate expressly agrees that Delivery Fleet may hold a balance of up to $300 of their total balance if and when a dispute is raised regarding their service by a Customer that received that service until the issue is resolved or 60 days, whichever occurs first.
Delivery Fleet will send itemized receipt for any completed payments to the users for charges completed directly by Delivery Fleet.
8. TERM AND TERMINATION
The term of this Agreement and all its subsequent modifications shall commence effective the first time a DFP user gains any access to DFP or signs up for that access and shall continue at all times even for a user that terminates his or her access to the DFP or if such access is suspended or terminated by Delivery Fleet.
9. LIMITATION OF LIABILITY
DELIVERY FLEET IS NOT RESPONSIBLE REGARDING THE ACTIONS OF THE DFP USERS. DELIVERY FLEET IS NOT LIABLE OR REQUIRED TO COMPLETE ANY TRANSACTION OR BE INVOLVED IN ANY CONFLICT RESOLUTION OR DISPUTE BETWEEN THE DFP USERS. EACH AND EVERY DFP USER EXPRESSLY AGREES THAT HE OR SHE IS SOLELY RESPONSIBLE FOR HIS OR HER INTERACTIONS WITH OTHER DFP USERS AND OTHERS AND LOOK SOLELY TO OTHER USERS OR OTHERS FOR ANY CLAIMS REGARDING THEIR INTERACTION, EVEN IF THOSE INTERACTIONS ARE RELATED TO THE DFP AND THE SERVICES THEIR RECEIVE OR OFFER THROUGH DFP. ALL DFP USERS EXPRESSLY WAVE AND RELEASE DELIVERY FLEET FROM ANY AND ALL CLAIMS, DAMAGES, AND LIABILITIES RELATED TO THEIR INTERACTION WITH OTHER DFP USERS OR OTHERS OR RELATED TO USING DFP SERVICES OFFERED BY OTHERS.
DELIVERY FLEET MAKES NO GUARANTEE THAT ALL OR ANY OF THE DFP APPLICATIONS OR FUTURES OR SERVICES ARE ERROR-FREE, SECURE, RELIABLE, COMPLETE, COMPATIBLE WITH ANY HARDWARE, SOFTWARE, SYSTEM, OR DATA, OR MEET ANY USER EXPECTATIONS. ALL DFP USERS EXPRESSLY AGREE TO USE DFP AT THEIR OWN RISK WHEN AND IN CONDITIONS THAT IS AVAILABLE TO THEM (“AS IS” AND “AS AVAILABLE”), WHATSOEVER, AND DISCLAIMS ALL AND ANY WARRANTIES AND CONDITIONS, EITHER EXPRESSED, IMPLIED, OR STATUTORY. DELIVERY FLEET DOES NOT GUARANTEE THAT ANY ERRORS OR MISTAKES IN THE DFP WILL BE CORRECTED. DFP DOES NOT GUARANTEE THAT ALL OR ANY OF THE SERVICES OFFERED THROUGH DFP MEET USER EXPECTATIONS. THE MAXIMUM LIABILITY OF DELIVERY FLEET OR ITS AFFILIATE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THIS AGREEMENT IS THE GREATER OF $50 OR THE TOTAL TRANSACTIONS PLACED WITHIN THE LAST 6 MONTHS PRIOR TO A CLAIM. The above limitations apply even if the above stated remedy fails of its essential purpose.
Delivery Fleet shall bear no liability whatsoever when a Delivery Associate or DFP associated applications and features are unavailable at the time and location of which a Customer requests demands such service.
THE CUSTOMER WILL BE RESPONSIBLE TO PAY THE FULL SAME-DAY DELIVERY SERVICE PRICE AND ADDITIONAL CHARGES, AS DETERMINED BY DELIVERY FLEET, FOR ANY DELAYS OR ADDITIONAL COSTS RESULTED BECAUSE OF PROVIDING INCORRECT INFORMATION, INCLUDING THE WEIGHT AND DIMENSIONS OF THE DELIVERABLE ITEM, THE PICKUP OR DROP OFF ADDRESSES, DELIVERY INSTRUCTIONS, OR BECAUSE OF UNAVAILABILITY OF CUSTOMER OR CUSTOMER CLIENT FOR PICKUP OR DELIVERY OF AN ITEM. THE LIABILITY OF THE CUSTOMER UNDER ANY OF SUCH INCONSISTENCIES WILL BE LIMITED TO $200, AS DETERMINED BY DELIVERY FLEET, UNLESS OTHERWISE DETERMINED BY LAW.
10. Mobile App Marketplace
BY DOWNLOADING AND INSTALLING THE DFP APP ON A DEVICE THAT YOU CONTROL, ALL DFP USERS AGREE AND UNDERSTAND THAT THE DFP APP IS PROVIDED AND SUPPLIED BY DELIVERY FLEET AND NOT BY THE MOBILE APP MARKETPLACE PROVIDERS, SUCH AS GOOGLE OR APPLE. DFP USERS UNDERSTAND AND AGREE THAT ANY CLAIMS OR CONCERNS OR DISPUTES REGARDING THE DFP APP AND ASSOCIATED SERVICES ARE IRRELEVANT TO THE MOBILE MARKETPLACE PROVIDERS AND AND THAT THE MARKETPLACE PROVIDERS HAVE NO RESPONSIBILITY OR OBLIGATION REGARDING THE DFP USER’S USE OR ACCESS TO THE DFP.
Any DFP user shall, at his or her own expense, defend, indemnify and save Delivery Fleet and its parent organization's, affiliates, subsidiaries, officers, directors, members, employees, attorneys, assigns and agents, and other DFP users, harmless, against any action or suit brought for any loss, damage, expense (including attorneys’ fees and expenses) or liability that may result upon that DFP user’s use or misuse of DFP or his or her violation of any terms of this agreement and any applicable laws, even if not referenced here.
12. FORCE MAJEURE
Neither party shall be liable, except for payment of monies, for failure to perform any obligation under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure, failure of public internet, changes in the accessibility of third party websites, labor disputes, government demands and restrictions, and illegal acts of third parties.
DELIVERY FLEET may use the name or mark of an organization or business that a DFP user represents and identify that organization or business as a DFP user or Customer, on Delivery Fleet website, mobile applications, and/or marketing materials. Delivery Fleet may issue a press release, containing such organization or business name under this Agreement. Customer may also use Delivery Fleet name and mark to inform its clients about the Same-day Delivery Service offered through DFP to the Customer and its clients for as long as the Customer has an active user account with DFP. Neither party will use the other party's name or marks, refer to or identify the other party for any other reason, except as established in this section, without such other party's written approval. Any approval required under this Section shall not be unreasonably withheld or delayed by either party.
14. SUBCONTRACTING and Assignment
Delivery Fleet may, at its option, assign or subcontract this agreement and any of its rights or obligations. No other party under this agreement (no DFP user) may subcontract or transfer or assign this agreement or their rights or obligations under this agreement without written permission from Delivery Fleet and any such effort shall be assumed null and void.
15. GENERAL TERMS
This Agreement shall be deemed to have been made, executed, and delivered, in the state of which you as a DFP user connects to DFP, and shall be construed in accordance with the laws of that state, without regard to the choice or conflicts of law provisions of any jurisdiction.
This Agreement, together with any other materials referenced in or expressly made a part of the Agreement, constitutes the final and entire Agreement between Delivery Fleet and DFP users and supersedes all prior and contemporary agreements, oral or written.
Delivery Fleet and DFP users agree that any legal dispute that cannot be resolved informally shall be submitted to arbitration in the state in which the Agreement was performed, within the time required by applicable law.
Delivery Fleet and DFP users agree that any claims, actions, or proceeding arising out of or related to this Agreement must be brought in DFP user’s individual capacity and not as a plaintiff class member in any purported class, collective, or representative proceeding.
The failure of Delivery Fleet to enforce any rights under this Agreement shall not constitute a waiver of such right unless acknowledged and agreed by Delivery Fleet in writing.
This Agreement and any of its attachments compromises the entire agreement between Delivery Fleet and DFP users and supersedes any and all prior or contemporaneous negotiations, discussions, or agreements, whether in writing or oral, between the parties regarding the subject of the Agreement.