Deliveer, Inc.’s Terms and Conditions of Use
Welcome from Deliveer. Deliveer is a revolutionary grocery delivery platform that uses the latest web, mobile, and social networking technologies to allow you to request a delivery transaction. We have a multi-tiered screening process to seek out the best Shoppers. We also allow you to select additional screening parameters to ensure any Shopper that delivers goods to your residence or establishment meets your criteria. Think of it as “customizing” your own personal Shopper(s). We’ll go through this with you in detail when you first sign up or submit an order, but in general, we strive to give you the precise labor force you need without any extra headaches or hassles. Before using our services, please read our Terms and Conditions below.
As part of your ability to customize your shopping experience, the Shopper will act as your agent in making sure your groceries are delivered just the way you want. Deliveer does not provide the grocery delivery services, but rather puts you in contact with your handpicked Shopper who is eager to assist you in your quest for groceries. Deliveer provides information and support to the Shoppers as they strive to get your groceries to you, but Deliveer leaves to the Shoppers all other material aspects of the grocery delivery process. As such, Deliveer has no responsibility or liability for the grocery delivery services provided to you by the Shoppers.
Agreement between User and Deliveer, In
This agreement (the “Agreement) is entered into by Deliveer, Inc. (“Deliveer”), a Delaware Corporation conducting business in California, and any users of Deliveer’s services and website (“Users” or “you”). The Deliveer website at http://www.deliveer.com (the “Site”) is comprised of various web pages operated by Deliveer. The Site and the services offered by Deliveer and described on the Site are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site, use of Deliveer’s services on Deliveer’s Facebook page, use of any of Deliveer’s services through computers, cell phones, personal digital assistants, and any other mobile communication device, and/or use of Deliveer’s services through any other means, constitutes your agreement to all the Terms. Please read these Terms completely and carefully, and keep a copy for your reference ( Privacy and Security Statement).
Privacy and Security
Please keep in mind that your use of the Site is subject to Deliveer’s Privacy and Security Statement. Please review Deliveer’s Privacy and Security Statement, which also governs the Site and informs Users of our data collection practices.
Always use caution when giving out any personally identifying information about yourself or others in any communication, including those communications made on this Site.
This agreement and the terms and conditions within it shall be governed by the laws of the United States and the State of Delaware. Please be aware that Deliveer may be subject to California Corporations Code Section 2115.
Because Deliveer’s principal place of business is in Los Angeles County, California, and it provides its services to customers within this area, you hereby consent to the exclusive jurisdiction and venue of the courts in Los Angeles County, California in all disputes arising out of or relating to the use of the Site and the application of these Terms.
Changes to this Agreement
Deliveer reserves the right, in its sole discretion and at any time, to change the Terms. The most current version of the Terms will supersede all previous versions. Deliveer encourages you to regularly review the Terms to stay informed of any updates, especially before you submit any new information or order. Your decision to continue to visit and use the Site after changes have been made constitutes your acceptance of the new Terms. Should you not agree with any change Deliveer makes to this agreement then Deliveer asks that you do not use the Site or Deliveer’s services.
Location of Users and Services
Deliveer’s services are controlled, operated, and administered by Deliveer for individuals in the Beverly Hills and West Hollywood areas. As such, Deliveer does not provide its services to locations outside of these areas. Deliveer reserves the right to expand, reduce, change or alter its service zone in its sole discretion, and at any time without notice.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, and you are similarly responsible for maintaining the confidentiality of any third party account you may link or connect to your account (see below for more information). You may not assign or otherwise transfer your account to any other person or entity. Do not share your account or password information with any third party. If you do assign, transfer, or disclose information about your account or password you do so at your own risk, and Deliveer will not be held responsible for any consequences related to any transaction made as a result of such assignment, transfer, or disclosure. You acknowledge that Deliveer is not responsible for third party access to your account that results from theft or misappropriation of your account. Deliveer and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in Deliveer’s sole discretion and at any time.
Deliveer collects personally identifiable information from Users when such information is needed in order to provide Deliveer’s services to Users or else improve those services. For more information on privacy and security, please see Deliveer’s Privacy and Security Statement.Visitors. No login is required for Visitors. Visitors can (a) view all publicly accessible content, and (b) e-mail us. Registered Users. Login is required for all Registered User services. Registered Users can do all the things Visitors can do, and also (a) place delivery orders, (b) sign up for alerts and other notifications, (c) sign up for promotions, and (d) customize a profile. Deliveer is under no obligation to accept any individual as a Registered User, and may accept or reject any registration in its sole and complete discretion.
During the registration process for Registered Users, Deliveer will ask you to create an account, which includes a unique sign-in name, password, and sometimes certain additional information that will assist in authenticating your identity when you log-in in the future. When creating your account, you must provide true, accurate, current, and complete information. Each sign-in name and corresponding password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your sign-in name, password, and unique identifiers, as well as for any use, misuse, or communications entered through the Services using your sign-in name, password, and unique identifiers. You will promptly inform Deliveer of any need to deactivate a password or sign-in name, or change any unique identifier. Deliveer reserves the right to delete or change your password, sign-in name, or any unique identifier at any time and for any reason. Deliveer will not be liable for any loss or damage caused by any unauthorized use of your account.
Age Restrictions and Alcohol Orders
Deliveer’s services as described on the Site are available for individuals aged 13 years or older. If you are 13 or older, but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 18, you may not make online purchases through the Site without the permission of your parent or guardian.
Transactions Involving Alcoholic Beverages
You may not use Deliveer’s services to purchase alcohol unless you (and the alcohol recipient, if not you) are 21 years or older and present a valid photo identification verifying your age and the age of any individual who will consume the alcohol at the time you receive your order. You expressly represent and warrant that: (i) you are of legal age to purchase and consume alcohol; (ii) that the purchase of alcohol is for yourself or for someone else of legal age; and (iii) you will provide bona fide identification showing you and any intended recipient of the alcohol are of legal age to purchase and consume alcohol. Bona fide identification showing legal age must be presented to your Shopper upon delivery. Deliveer, in compliance with all applicable laws and regulations, and in its discretion guided by such rules, may accept or reject the photo identification presented at the time of delivery. Deliveer will not accept any form of identification it reasonably believes to be invalid. If the identification presented is deemed unacceptable, the alcohol will not be delivered and the User will be entitled to a refund. Deliveer may be forced to alert any appropriate authorities when it deems necessary.
Deliveer does not charge any extra fee for a User’s purchase of alcoholic beverages. When Users places an order for alcoholic beverages using the Site, the order may be either accepted or rejected by the third party retailer to whom the alcoholic beverage order was placed. No sale pursuant to a User’s alcoholic beverage order will become final unless and until the third party retailer accepts the User’s alcoholic beverage order. For any alcoholic beverage order accepted by a third party retailer, the User’s credit card shall be charged, and that portion of the funds from the User’s credit card payment that relates to the alcoholic beverage purchase shall be deposited into an account for the benefit of the third party retailer in compliance with applicable alcoholic beverage laws.
Payment and Delivery
All payments are due upon receipt in the amount as indicated and required to complete the User’s transaction. You agree that Deliveer may immediately authorize your credit card (or other previously approved method) for payment for any order made under your account, or any order made through a visitor’s request. If a payment is not received or payment method is declined, the User attempting to make such a payment forfeits the ownership of any items purchased. If Deliveer does not receive the required payment from a User, no items will be delivered.
The User acknowledges that a payment tendered to Deliveer for the services described on the Site represents a total amount comprised of two separate, categorical payments; one payment is for the amount of goods maintained by third party retailers and ordered through Deliveer’s Site, for which information has been made available on the Site merely for the User’s convenience; and the other payment is for the labor, delivery, and other services provided by Deliveer. Your liability for such charges shall continue after termination of this Agreement and its Terms. If you have a question about a transaction on your credit card statement, please contact us.
Necessary Disclosures for Delivery
Deliveer delivers products from third party retailers to Users. Deliveer also screens and selects Shoppers to deliver such products. By using any product, service or functionality originating from Deliveer, you hereby acknowledge and consent that Deliveer may share information and data with third party retailers and Shoppers, and any third party with whom Deliveer has a contractual relationship, in order to and as is necessary to provide the requested product, service or functionality on behalf of Deliveer Users.
Items are entitled to be refunded or returned based on complaint. If an item is damaged during delivery, a replacement item will be sent free of charge. If an item is unsatisfactory, the User must provide a written explanation to Deliveer before the item may be considered for a refund. The User must take into account the status and nature of the item before requesting a refund. If the item is still of reasonably good quality and matches the description by Deliveer or the third party retailer, Deliveer may not be responsible for refund. Exchanges are granted on a case-by-case basis. If you have a complaint or a request for an exchange, please contact us, and Deliveer will work with you to resolve the situation.
Availability and Quality of Goods and Products
Deliveer does not guarantee the availability or quality of products ordered by Users from third-party grocery retailers. All products are maintained and stocked by third parties, and Deliveer has no control, responsibility, or management over the availability or quality of goods maintained by such third parties. Customers are urged to contact the appropriate third party retailer representative with questions about that retailer’s products.
Items paid for but are not available are entitled to a refund; however, Deliveer must first be notified that the item is unavailable by the User or the third party retailer.
An item ordered or a complete order may be cancelled up until payment has been processed. Unless otherwise provided for in these Terms, once payment has been processed, the buyer is responsible for payment.
Links to and External Sites and Services, Third Party Messages
The Site contains a number of links to other websites and online resources (collectively “Linked Sites”) that are not owned or controlled by Deliveer. The Linked Sites, and the products, content, messages, and services the owners of those Linked Sites provide or make, are not under the control of Deliveer. Therefore, Deliveer specifically disclaims any liability with regard to those communications available through Linked Sites and any actions resulting therefrom. Deliveer is not responsible for the contents of any Linked Site, and the inclusion of any link does not imply Deliveer’s endorsement of the site, the content, or of those that control its content. Deliveer provides these links to you only as a convenience and for your own information.
Visiting the Site, filling then submitting forms, and sending emails to Deliveer, or to its directors, officers, employees, or agents, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that Deliveer provides to you electronically, through email and on the Site, satisfy any legal requirement that such communication be in writing.
Although Deliveer encourages you to email Deliveer and its representatives, you should not, and Deliveer does not want you to email any content that contains confidential information. With respect to all emails you send to Deliveer, including but not limited to, feedback, questions, comments, suggestions, and the other similar communications, Deliveer shall be free to use any information contained in your communications for any purpose whatsoever, unless otherwise clearly and expressly noted, including but not limited to, the development, production and marketing of products and services that relate to such information. You retain all copyrights and other intellectual property rights associated with items discussed in any such electronic communications by law. Please see below for more information on intellectual property rights.
Community Guidelines & Protected Legal Rights
Deliveer’s community, like any community, cares about its members, and Deliveer is happy to provide services to those members. However, in order to do so fairly and effectively, Users must follow a few simple rules:
You are granted a non-exclusive, non-delegable, non-transferable, revocable license to access and use the Site and Deliveer’s services strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Deliveer that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or any applicable law. You may not use the Site for any unauthorized purpose. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s enjoyment and use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You may not disclose any personal information about another person, including that person's name, email address, postal address, phone number, credit card information, or any similar information. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to Deliveer and its services through hacking, password mining, or any other means.
By way of example, and not as a limitation, you agree that when communicating through Deliveer or its Site, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity of others); publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; conduct any forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Site; violate any code of conduct or other guidelines which may be applicable for any particular communication; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. Deliveer pledges to treat its customers and employees with respect, and hopes for the same in return.
Deliveer has no obligation to monitor communications made from and between Users. However, Deliveer reserves the right to review such materials and to remove these materials in its sole discretion. Deliveer reserves the right to terminate your access to the Site and its services at any time without notice for any reason whatsoever.
Intellectual Property Rights
All content on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Deliveer or its affiliates and is protected by laws that protect intellectual property and other proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. Deliveer and its Site are protected by copyright and other proprietary laws and rights. By use of the Site you acknowledge that you are aware or should have been aware of Deliveer’s intellectual property and the intellectual property rights protecting to that property.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this Site. Those in need of information are urged to contact Deliveer. The Site’s content and Deliveer’s services and any products it provides are not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Deliveer. You agree that you do not acquire any ownership rights in any protected content. Deliveer does not grant you any licenses, express or implied, to the property of Deliveer or its licensors except as expressly authorized by these Terms or as otherwise provided by the owner of that property.
Intellectual Property Claims Against Deliveer
Deliveer respects the intellectual property rights of others and attempts to comply with all relevant laws, including the Digital Millennium Copyright Act. Deliveer will review all claims of copyright infringement received and remove any content determined to be in violation of any intellectual property laws.
If you believe that your work has been used in a way that constitutes copyright infringement, please inform Deliveer immediately. Please notify Deliveer and its agent for service of process with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number, and email address, and any other necessary contact information; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Third Party Accounts
You agree to indemnify, defend, and hold harmless Deliveer, its officers, directors, employees, agents, and affiliated third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or Deliveer’s services, any user information provided by you or submitted by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Deliveer reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Deliveer in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. DELIVEER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DELIVEER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DELIVEER AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OF A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination, Restricted Access
Deliveer reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement and its terms and conditions are to be governed by the laws of the State of Delaware. Use of the Site is unauthorized in any jurisdiction that does not give effect to the provisions of these Terms, including, without limitation, this section.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of Deliveer and the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Deliveer with respect to the Site and the services it describes and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Deliveer. Deliveer’s Privacy and Security Statement shall be considered part of this agreement for any purposes deemed relevant to security and privacy.
No Implied Waivers
Deliveer’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Deliveer unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Parties shall first attempt to resolve any dispute related to this Agreement or its Terms together and in an amicable manner. If unable to come to an agreement, the parties shall then attempt to resolve any dispute related to this agreement by mediation. If a dispute arises and both parties agree to mediation, the parties shall arrange to meet on a specified date in order to obtain a mutually agreed upon mediator. If unable to agree upon an acceptable mediator, either party may a reasonable notice to the other party of their intent to ask a mediation service to appoint a neutral mediator. The other party shall have 30 days to respond before the mediation service is used to select a neutral mediator. The mediation shall be conducted under the mediation rules of the selected mediation service.
Any disputes remaining unresolved after mediation shall be settled by arbitration conducted in Los Angeles County, California utilizing a mutually agreed arbitrator or arbitration service. The parties shall arrange to meet on a specified date in order to obtain a mutually agreed upon arbitrator. If unable to agree upon an acceptable arbitrator, either party may notify the other party of their intent to ask an arbitration service to appoint a neutral arbitrator. The other party shall have 30 days to respond before the arbitration service is used to select a neutral arbitrator. The arbitration shall be conducted under the arbitration rules of the selected arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator. The arbitrator shall be required to follow the law and act in the best interest of all parties. Any arbitration decision or judgment is not automatically binding upon the parties unless otherwise agreed to in writing by all parties before the decision or judgment is made.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Deliveer as a result of this agreement or use of the Site. Deliveer’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is a derogation of Deliveer’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Deliveer with respect to such use. Deliveer reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Deliveer’s sole discretion.
Section headings in this Agreement are provided merely for convenience and should not be given any legal weight. The words and information provided within this Agreement and the Terms are intended to be written, read, and interpreted in English. Words are to be given their most common, generally used, and natural understanding unless otherwise provided for and defined in the Terms.
A printed version of this agreement and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Deliveer welcomes your questions or commends regarding the Terms or anything else you wish to ask about. Please email us at firstname.lastname@example.org.