Terms of Service

Last Updated: August 13, 2016

Thank you for your interest in the Deliveryy application for your mobile device (the "App") provided to you by Deliveryy Inc. ("Deliveryy" "us" or "we"), and our web site at Deliveryy.com (the "Site"), as well as all related web sites, networks, downloadable software, and other services provided by us and on which a link to this Terms of Service is displayed (collectively, together with the App and Site, our "Service"). These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Service. These Terms constitute a legal agreement between you and Deliveryy. In order to use the Service you must agree to these Terms.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.

Deliveryy provides a mobile app and web-based technology platform that connects consumers, retail stores, and restaurants, with independent contractor couriers to facilitate on-demand delivery services (the "Platform"). Through the Platform consumers may request that merchandise or food be delivered to them from particular retail locations or restaurants. Independent contractor couriers can access the Platform and receive delivery opportunities. Deliveryy is not a retail store, restaurant, food delivery service, merchandise delivery service, or food preparation entity.

DELIVERYY DOES NOT PROVIDE DELIVERY SERVICES. INDEPENDENT CONTRACTORS (EACH A "COURIER") OFFER DELIVERY SERVICES THROUGH USE OF THE SERVICE. DELIVERYY OFFERS INFORMATION AND A METHOD TO OBTAIN COURIER SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE COURIER SERVICES OR ACT IN ANY WAY AS A COURIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY COURIER.

As provided in greater detail in these Terms, you agree and acknowledge these material Terms:

·       The App is licensed, not sold to you, and you may use the Service only as set forth in these Terms;

·       Your use of the Service may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and coverage, which are your sole responsibility;

·       You consent to the collection, sharing, and use of your personally identifiable information in accordance with Deliveryy’ Privacy Policy;

·       The Service is provided "as is" without warranties of any kind, and Deliveryy’ liability to you is limited; and

·       Disputes arising under these Terms will be resolved by binding arbitration.

BY ACCEPTING THESE TERMS, YOU AND DELIVERYY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Dispute Resolution and Arbitration section below for the details regarding your agreement to arbitrate any disputes with Deliveryy.

1. Account Access

You must be at least eighteen (18) years old to use the Service. By agreeing to these Terms, you represent and warrant to us:

i.         That you are at least eighteen (18) years old;

ii.         That you have not previously been suspended or removed from the Service; and

iii.         That your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

2. Accounts and Registration

To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, phone number or other contact information). You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us at

hello@deliveryy.com.

 

3. Scope of License

The App is licensed, not sold, to you for use only under the terms of this license. Deliveryy reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, Deliveryy hereby grants you a personal, limited, revocable, non-transferable license to use the App on compatible devices that you own or control, solely for your use.

You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by Deliveryy that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.

4. Payment Terms

4.1. General Payment Terms

Certain features of the Service, including the placing of orders using the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in Kuwaiti Dinars and are non-refundable. This no refund policy applies at all times regardless of your decision to terminate your usage, our decision to terminate your usage and any disruption caused to our Service for any reason whatsoever.

Deliveryy, at its sole discretion, may offer credits or refunds on a case-by-case basis; all credit and/or refund requests must be made within fifteen (15) days after the delivery was completed. Deliveryy may change the delivery or other fees for any feature of the Service, including by adding fees, on a going-forward basis at any time.

Deliveryy will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. Deliveryy reserves the right to determine final prevailing pricing. (Please note the pricing information published on the App may not reflect the prevailing pricing.) Deliveryy, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. We may change the fees for the Service at any time as we deem necessary for our business. We encourage you to check our App periodically to learn more about how we charge for the Service.

4.2. Authorization

You authorize Deliveryy to charge all sums for orders that you make and services you select to the payment method specified in your account. If you pay any fees with a credit card, Deliveryy may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase.

5. Third-Party Interactions

5.1. Third-Party Providers

During use of the Service, you may purchase goods and services from third-party merchants through the Service. Any such activity, and any disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third party. Deliveryy and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall Deliveryy or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Deliveryy disclaims any and all responsibility or liability arising from such agreements between you and a third party.

5.2. Couriers

You may engage third-party Couriers through the Service to provide delivery services to you and may interact with those Couriers. Any interactions or disputes between you and a Courier are solely between you and that Courier. Deliveryy and its licensors shall have no liability, obligation or responsibility for any interaction between you and any Courier.

5.3. Third-Party Advertising

The Service may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.

5.4. Links to Third Party Sites

The Service may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.

6. Your Use of the Service

In order to use the Service, you agree to the following:

·       The Service, including any content that forms part of the Service, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;

·       You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;

·       Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without prior written authorization;

·       You agree not to bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human use;

·       You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Service account without permission;

·       You agree not to decipher, reverse engineer, decompile or disassemble the Service, or the software used to provide the Service, in whole or in part, or authorize, direct, or cause a third party to do so;

·       You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, or any portion thereof, unless and solely to the extent Deliveryy makes available the means for embedding any part of the Service;

·       You agree not to access, tamper with, or use non-public areas of the Service, Deliveryy’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Deliveryy’ providers;

·       You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;

·       You agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Deliveryy is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Service;

·       You agree that your use of the App may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms;

·       You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Service;

·       You agree not to do any of the acts described in this Section 6, or to assist or permit any person in engaging in any of the acts described in this Section 6.

7. Consent to Use of Data

Please see Deliveryy’ Privacy Policy, for more information regarding information Deliveryy collects, and how it uses and shares that information.

8. Intellectual Property Ownership

The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of Deliveryy and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Deliveryy in these Terms are expressly reserved.

9. Feedback

You may choose to, or Deliveryy may invite you to, submit comments, bug reports, ideas or other feedback about the Service ("Feedback"). By submitting Feedback, you agree that Deliveryy is free to use such Feedback at its discretion without any obligation to you. Deliveryy may also choose to disclose Feedback to third parties. You hereby grant Deliveryy a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

10. Indemnity

You are responsible for your use of the Service, and you agree to defend (at Deliveryy’ option) and indemnify Deliveryy and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

 

a.      Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

b.     Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or

c.      Any dispute or issue between you and any third party, including any Courier, restaurant or other third-party merchant

 

Deliveryy reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Deliveryy may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without Deliveryy’ prior written consent.

11. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY DELIVERYY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. DELIVERYY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. DELIVERYY DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

DELIVERYY’ SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DELIVERYY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

DELIVERYY RELIES UPON RESTAURANTS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS AND RETAILERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. DELIVERYY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION.

DELIVERYY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A RESTAURANT OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND DELIVERYY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

12. Limitation of Liability

IN NO EVENT SHALL DELIVERYY’ AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO DELIVERYY IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR 30 KD, WHICHEVER IS LESS. IN NO EVENT SHALL DELIVERYY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF DELIVERYY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

THE SERVICE CONNECTS YOU TO COURIERS AND MERCHANTS FOR THE PURPOSES OF FACILITATING COURIER SERVICES. DELIVERYY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY COURIERS AND YOU EXPRESSLY WAIVE AND RELEASE DELIVERYY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE COURIERS. DELIVERYY WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY MERCHANTS OR RETAILERS ON THE PLATFORM, AND YOU EXPRESSLY WAIVE AND RELEASE DELIVERYY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO MERCHANTS, RETAILERS, AND THE ITEMS THEY PROVIDE. DELIVERYY WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY COURIERS, MERCHANTS, OR RETAILERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICE (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE DELIVERYY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.

THE QUALITY OF THE COURIER SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY COURIER WHO ULTIMATELY PROVIDES DELIVERY SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE SERVICE, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

13. Notice

Deliveryy may give notice by any means of communication reasonably anticipated to notify you of the information provided. By way of example only, such communication may be a general notice on the Service or via email to the email address listed on your Deliveryy account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. You may give notice to Deliveryy (such notice shall be deemed given when received by Deliveryy) at any time by any of the following: letter delivered to Deliveryy at the following address:

Deliveryy Company
Sharq Jaber AlMubarak Street

AlShorouq Tower 2

Floor 11

Kuwait City, Kuwait

Attention: Operations Manager

 

14. Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.

15. Term and Termination of Agreement

These Terms are effective until terminated by you or Deliveryy as described below. Your rights under these Terms will terminate automatically without notice from Deliveryy if you fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, Deliveryy may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate these Terms at any time by closing your account, uninstalling the App, and ceasing use of the Service.

16. Dispute Resolution and Arbitration

16.1. Disputes

Deliveryy is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, any Courier or other third party. Disputes between a user and Deliveryy are subject to this Section 16.

16.2. Generally

In the interest of resolving disputes between you and Deliveryy in the most expedient and cost effective manner, you and Deliveryy agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DELIVERYY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16.3. Exceptions

Despite the provisions of the paragraph directly above, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to:

a.      Bring an individual action in small claims court;

b.     Pursue an enforcement action through the applicable federal, state, or local agency if that action is available;

c.      Seek injunctive relief in a court of law; or

d.     To file suit in a court of law to address an intellectual property infringement claim.

 

16.4. Arbitrator

Any arbitration between you and Deliveryy will be governed by the Kuwait Chamber of Commerce and Industry.

 

16.5. Notice Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by mail or by electronic mail ("Notice").

Deliveryy’ address for Notice is:

Deliveryy Company
Sharq Jaber AlMubarak Street

AlShorouq Tower 2

Floor 11

Kuwait City, Kuwait

Attention: Operations Manager

The Notice must:

a.      Describe the nature and basis of the claim or dispute; and

b.     Set forth the specific relief sought ("Demand")

We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Deliveryy may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Deliveryy must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

If our dispute is finally resolved through arbitration in your favor, Deliveryy will pay you the highest of the following:

i.         The amount awarded by the arbitrator, if any;

ii.         The last written settlement amount offered by Deliveryy in settlement of the dispute prior to the arbitrator’s award; or

iii.         100 Kuwaiti Dinars

 

16.6. No Class Actions

YOU AND DELIVERYY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Deliveryy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

16.7. Modifications

If Deliveryy makes any future change to this arbitration provision (other than a change to Deliveryy’ address for Notice), you may reject the change by sending us written notice within 30 days of the change to Deliveryy’ address for Notice, in which case your account with Deliveryy will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.

17. Modification of these Terms

We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service, except as set forth below. These Terms identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms of Service. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism.

Material changes to these Terms will be effective upon the earlier of:

·       Your first use of the Service with actual notice of such change, or

·       30 days from posting of such change.

Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.

18. General

These Terms are governed by the laws of the State of Kuwait without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Deliveryy agree to submit to the personal and exclusive jurisdiction of the state courts for the purpose of litigating any dispute. We operate the Service from our offices in Kuwait City, and we make no representation that materials included in the Service are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, Deliveryy or any third-party provider as a result of the Terms or use of the Service.

If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Deliveryy to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Deliveryy in writing.

This Agreement comprises the entire agreement between you and Deliveryy and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.

19. Notice Regarding Apple

To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree to the terms of this Section 19. You acknowledge that these Terms are between you and Deliveryy only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service and the content thereof.

Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service.

Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to:

i.         Product liability claims;

ii.         Any claim that the Service fails to conform to any applicable legal or regulatory requirement; and

iii.         Claims arising under consumer protection or similar legislation

 

Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

20. Prohibited Shipments.

5.1. You may not tender for shipment any of the following prohibited items:

  • Cash and currency.
  • Live animals, except as provided in the Live Animals and Ornamental Marine Life (Including Live Fish) section. (Edible seafood, such as live lobsters, crabs or other types of fish and shellfish for human consumption, is acceptable, provided the shipper is in compliance with all local, state and federal laws.)
  • Animal carcasses. (Animal heads and other parts for taxidermy may be accepted but must be properly packaged. This restriction does not apply to properly packaged meat or poultry products intended for human consumption.)
  • Human corpses, human body parts, human embryos, or cremated or disinterred human remains.
  • Shipments that require us to obtain a local, state or federal license for their transportation. Some examples are Prescription Drugs and Rx.
  • Shipments that may cause damage or delay to equipment, personnel or other shipments.
  • Hazardous waste. This includes, but is not limited to, used hypodermic needles or syringes transported for sterilization, recycling, disposal or for any other purpose, or other medical waste.
  • Packages that are wet, leaking or emit an odor of any kind.
  • Live insects.
  • Items or commodities that are prohibited to either be possessed or shipped by applicable local or state law.
  • Waste or garbage for disposal.
  • Firearms.
  • Alcohol or alcoholic beverages.
  • Any other items prohibited by law as detailed by our partners Porter Express or any of our other carrier partners.

5.2 You hereby represent and warrant that (i) none of your shipments contain any illegal, hazardous or prohibited items and (ii) you will comply with all applicable shipping laws. You agree to reimburse Deliveryy for any expenses or costs, including consequential damages, we or anyone else may incur as a result of a breach of the foregoing representation and warranty.

5.3. We reserve the right, but have no obligation, to open and inspect your shipment at any time and may permit and/or contact government authorities to carry out such inspections and seize shipments as they may consider appropriate. We may also photograph items in your shipment for our internal use in order to provide the Services. We reserve the right to reject or suspend the carriage of any prohibited items or any shipment that contains materials that may damage other shipments or that may constitute a risk to our equipment or employees or to those of our service providers. We may or may not notify you of any of the foregoing and we are not responsible for and hereby disclaim any liability relating to any non-delivery of any items that are prohibited by these Terms or by law and any such items may be turned over to authorities, discarded, or returned to the sender (in each case in Deliveryy’s sole discretion). You may request that Deliveryy and its agents or third party business partners not open, remove packaging, or otherwise inspect your Pre-Packaged Shipment (defined herein). By doing so, you waive any right to reimbursement for loss or damage to your shipment, as further specified in these Terms. However, you acknowledge and agree that Deliveryy (and its agents or third party business partners) may take such actions with respect to your shipment, even if you request otherwise, if Deliveryy determines in its sole discretion that such action is necessary to assess compliance with these Terms or is otherwise required by applicable law or regulation. You acknowledge and agree that you, and not Deliveryy, are solely responsible for your compliance with these Terms, including without limitation the AUP. Deliveryy is not liable for damage to your shipment (including a Pre-Packaged Shipment) or any harm to a person meant or a person which results from your non-compliance with these Terms.

21. Referrals

From time to time, Deliveryy may offer a referral program which enables you to earn credits redeemable for Deliveryy services by sharing a unique referral link provided to you by Deliveryy (“Referral Link”) with your friends. For more information on how to join our referral program, please contact us. Referrals may only be used for personal purposes, and may not be used commercially.

To qualify for credits, the referred customer must be a new customer of Deliveryy and use your Referral Link to sign up for the Services. You may not collect referrals by:

  • self-referring by using multiple or false names, identities, accounts or email addresses;
  • referring anyone who is an existing Deliveryy customer, including an existing customer with an account under an alternate email address;
  • using spam or sending unsolicited emails to persons they don't personally know to collect referrals, or otherwise violating any applicable law, rule, regulation or third party terms of use;
  • posting on message boards, public forums, coupon sites or other online venues;
  • permitting another individual to use the referring customer’s account;
  • referring fake people to Deliveryy, impersonating another person, or otherwise providing Deliveryy with false or misleading information;
  • using the Referral Link in any manner that is disparaging or that otherwise portrays Deliveryy in a negative light; or
  • referring customers in violation of any other restriction we impose on participants in our referral program in our discretion upon prior notice.

If Deliveryy determines in its sole discretion that there has been a violation of these terms, Deliveryy reserves the right to cancel or rescind any accrued creditsand/or determine that either or both the referred customer and referring customer are ineligible to participate in this or future offers. Referring customers may also be liable for civil and/or criminal penalties under applicable law. Deliveryy reserves the right to void, verify or adjust credits at any time prior to or following posting and redemption.

By acquiring credits, you agree and acknowledge that Deliveryy is granting you a limited, revocable license to a digital item, and that the credits are not your personal property. Except as explicitly provided herein, your Referral Link and credits are non-transferable. You are responsible for keeping track of the credits in your account and notifying us of any discrepancy. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed credits if the value exceeds certain thresholds.

Credits cannot be applied to previous shipments, and are not redeemable for cash. This referral program is subject to restriction, modification, suspension or termination at any time upon notice to you in Deliveryy's sole discretion. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending these Terms, or posting a change to our referral program FAQ page. All credits are voided immediately upon termination of our referral program.