Last Updated: September 1, 2017
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND LOVELY CUSTOMS LDA. (“COMPANY”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE(S) LOCATED AT THE URL(S) WWW.HAND2HAND.GLOBAL AS WELL AS ALL ASSOCIATED INTERNET PROPERTIES LINKED BY COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES AND ANY SOFTWARE THAT COMPANY PROVIDES TO YOU FOR DOWNLOAD IN YOUR MOBILE DEVICES (EACH A “MOBILE APPLICATION”) (ALL OF THESE COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO “SITE” ALSO INCLUDE USE OF THE PEER-TO-PEER (“P2P”) PLATFORM, THE MATERIALS, COMPANY’S PROPRIETARY CONTENT AND RELATED SERVICES MADE AVAILABLE THROUGH IT (ALL OF THESE COLLECTIVELY, THE “SERVICE”)
BY USING THE SERVICE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECT YOUR RIGHTS, INCLUDING A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS. PLEASE READ CAREFULLY.
Company may make changes to the Service at any time. Company can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Site and by notifying you either through a banner on the Site or, depending on your account status, via email at Company’s sole discretion. By using the Service after Company has updated the Terms, you agree to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Service. You also acknowledge and agree that these Terms may be superseded by expressly-designated legal notices or terms located on particular features of the Service (“Additional Terms”) that we may make available from time to time through our internet properties, including any applicable limitations on damages and resolution of disputes. These expressly-designated legal Additional Terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
3. Contractual relationship.
If you are of age under the laws of your jurisdiction, you represent that you have read, understood and agree to be bound by the Terms. If you are not at least 13 years of age, you may not be able to use all the sections of the Service or submit any information to Company or the Service. If you are a parent or legal guardian of a minor using the service, you hereby agree that you have reviewed and agreed to these Terms, to bind the minor to these Terms and to fully indemnify and hold harmless Company if the minor breaches any of these Terms. If you are a minor, you understand that you need your legal guardian’s permission to use the Service.
4. Use of the Service.
The Service is a peer-to-peer social platform that enables users to connect with peers already traveling between different cities and countries to help them procure products, souvenirs and items from around the globe (each a “Package”). The Service is a logistics platform that gives users a virtual space to arrange and schedule procurement, transportation, logistics and/or delivery services for the Packages. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN PROCUREMENT, TRANSPORTATION, LOGISTICS, AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICE DOES NOT ESTABLISH COMPANY AS A PROVIDER OF PRODUCTS, TRANSPORTATION OR DELIVERY SERVICES OR AS COURIER OR TRANSPORTATION CARRIER. The Service is licensed, not sold, to you.
(a) Grant of a Limited License to Use the Service. The Service is protected by copyright laws throughout the world. Subject to your agreement, and continuing compliance with these Terms, and any other relevant Company policies, Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to use the Service and/or download, install and use a copy of the Mobile Application or client-software on a single mobile device or computer that you own or control and to run such copy solely for your own individual, non-commercial purposes only. You agree not to use the Service for any other purpose.
(b) Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by Company; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or (vi) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.
(c) Account Registration. If you are Visitor, You can simply view the Site and not use any Services on the Site. You need not register with Company to simply visit and view the Site and the public information on the Site. However, if you are a user of the Service you will need to become a Registered User with us and enter into our Participation Agreement. For purposes of the Terms, a “Registered User” is a user of the Service (“User,” or “user”) who has registered an account with us (“Account”) or has a valid account on the social networking service (“SNS”) (per example, Facebook) through which the User has connected to the Service (each such account, a “SNS Third-Party Account”).
(e) Registration Data. In registering for the Service, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are not a person barred from using the Service under the laws of the United States of America, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Service by minors. You may not share your Account or password with anyone, and you agree to (A) notify Company immediately of any unauthorized use of your password or any other breach of security; and (B) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if Company has previously removed you, or if you have been previously banned from use of the Service.
(f) Data Network and Internet Access. When you access the Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain services may be prohibited or restricted by your network provider and not all features of the Service may work with your network provider or device. The Service may require an internet connection to access internet-based features, authenticate the Service, or perform other functions. You acknowledge that you may be charged by your service provider, and shall be responsible for any such charges, for internet access.
5. Rules of Conduct.
By using Company’s Service you agree NOT to:
● Have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
● Use your account for any commercial purposes;
● Use your account or the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spim and spam) to anyone;
● Use your account or Service to engage in, discuss or incite any illegal conduct or activity;
● Access another user’s account without permission;
● Use the Service in any manner that violates any applicable laws or regulations or is prohibited by these
● Collect or harvest any information about other users;
● Post, request, or link to sexually explicit, threatening, embarrassing, hateful, racially or ethnically insulting,
inciteful, deceptive, tortuous, defamatory, libelous, harassing, stalking or otherwise inappropriate or offensive material or conduct or that otherwise violate the legal rights (such as rights of privacy and publicity) of others;
● Discuss, promote, or depict any form of child sexuality, abuse, exploitation, or related topics that may be harmful to or threaten the security of a child or minor;
● Use features of the Service for anything other than their intended purpose;
● Interfere with or disable any security-related features of the Service, or any part thereof, including any
Service available on or through any Third Party SNS or Providers;
● Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any code or underlying ideas or algorithms of any part of the Service, including any Service available on or through Third Party SNS or Providers;
● Use any robot, spider, scraper or other automated means to access the Service;
● Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
● Alter the opinions or comments posted by others on this Service;
● Post anything contrary to our public image, goodwill or reputation;
● Engage in any other prohibited conduct;
● You further represent and warrant that (a) You are not located in a country that is subject to a U.S.A. Government embargo, or that has been designated by the U.S.A. Government as a “terrorist supporting” country; (b) You are not listed on any U.S.A. Government list of prohibited or restricted parties; and (c) you are not going to use the Service to violate anti-money laundering (AML) or combating the financing of terrorism (CFT) laws and regulations.
This list of prohibitions provides examples and is not complete or exclusive. Company reserves the right to (i) terminate access to your account, your ability to use the Service and (ii) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to this Service or to any other user of this Service. COMPANY MAY REPORT TO LAW ENFORCEMENT AUTHORITIES ANY ACTIONS THAT MAY BE ILLEGAL, AND ANY REPORTS IT RECEIVES OF SUCH CONDUCT. WHEN LEGALLY REQUIRED OR AT COMPANY’S DISCRETION, COMPANY WILL COOPERATE WITH LAW ENFORCEMENT AGENCIES IN ANY INVESTIGATION OF ALLEGED ILLEGAL ACTIVITY THROUGH THE USE OF THIS SERVICE.
6. Intellectual Property Ownership
The Service and all proprietary and intellectual property rights therein are and shall remain Company’s property or the property of Company’s licensors. Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner Company’s company names, logos, product and service names, trademarks or services marks or those of Company’s licensors. There are no licenses by implication. If you breach any of these Terms, the above license will terminate automatically and you must stop using the Service and immediately destroy any materials downloaded or printed from the Service.
You agree to pay all fees or charges to your account based on Company’s fees, charges, and billing terms in effect as shown on our Company Fees Page. If you do not pay on time or if Company cannot charge your credit card, PayPal or other payment method for any reason, Company reserves the right to either suspend or terminate your access to the Service and account and terminate these Terms. You are expressly agreeing that Company is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Service and the fees will be billed to your credit card, PayPal or other payment method designated on your initial registration with this Service, and thereafter at regular intervals for the remainder of the term of these Terms. IF YOU CANCEL YOUR ACCOUNT AT ANY TIME, YOU WILL NOT RECEIVE ANY REFUND. If you have a balance due on any account, you agree that Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available (“Make Available”) on or through the Service (each a “Submission”). You may not Make Available on this Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any such right protects any material is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
When you provide Submissions you agree that those Submissions shall not be in violation of the Rules of Conduct in section 5. Those prohibitions do not require Company to monitor, police or remove any Submissions or other information submitted by you or any other user. Notwithstanding the foregoing, Company reserves the right to remove any content or Submission from its Service at any time and for any or no cause.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.
You understand and agree that Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
9. Term and Termination
The Terms commence on the date when you start using the Service and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms. If you want to terminate the Service, you may do so by (a) notifying Company at any time; and/or (b) closing your Account. We reserve the right to terminate or suspend your account or access to the Service at any time and for any reason. It is within our sole discretion and determination to terminate your account for what we deem to be a violation or breach of these Terms. In the event that we terminate or suspend your account, you will have no further access to your account or anything associated to it. Termination of the Service includes deletion of your password and all related information, files and content associated with or inside your Account (or any part thereof), including Submissions. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Submissions. All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
You may close your Account by using the feature provided in the Mobile Application or, in the alternative, by emailing us at firstname.lastname@example.org. We will proceed to close your Account and send you an email confirmation.
10. Disputes between Users
You are solely responsible for your interactions with other Users of the Service. Company may at any time intervene in disputes between you and other users, but is under no obligation to do so. COMPANY WILL NOT BE LIABLE FOR ANYTHING RESULTING FROM THESE DISPUTES, INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES, OF ANY KIND.
If you have a dispute with one or more users, YOU RELEASE COMPANY (and our officers, directors, agents, subsidiaries, joint ventures and employees) FROM CLAIMS, DEMANDS AND DAMAGES (actual and consequential) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “Company Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Submissions; (b) your use of, or inability to use, the Service; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations, including when entering or leaving a country. Company 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 Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Service.
12. Disclaimer of Warranties.
(a) Generally. You use the Service at your own risk. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PRIVATE USE, WITHOUT WARRANTIES OF ANY KIND, AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSOCIATES, PARTNERS, LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ALL RESPONSIBILITY OR LIABILITY FOR ANY PROCUREMENT, PICK-UP, CARRY AND/OR DELIVERY SERVICES PROVIDED TO THE USERS BY OTHER USERS THROUGH OUR PLATFORM AND THE USE OF OUR SERVICE.
(b) Disclaimer of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY SERVICE. YOU UNDERSTAND THAT COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE.
13. Limitation of Liability.
NOTHING IN THESE TERMS SHALL AFFECT YOUR LEGAL RIGHTS AS A CONSUMER OR EXCLUDE OR LIMIT ANY LIABILITY, WHICH CANNOT BE LEGALLY EXCLUDED, OR LIMITED.
COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, REMOTE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA, LOST PACKAGES OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUBJECT TO THE EXCLUSIONS EXPRESSLY SET FORTH IN THIS SECTION, IN ALL EVENTS, COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO COMPANY IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO COMPANY DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND COMPANY’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH COMPANY IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY PACKAGES OR ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR SUBMISSIONS), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. To the extent that Company may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth in these Terms, the scope of such warranty, and the extent of Company’s liability, shall be the minimum permitted under such applicable law.
14. Additional terms related to the Mobile Application
(a) App Stores. You acknowledge and agree that the availability of the Application and the Service is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Company and not with the App Store. Company, not the App Store, is solely responsible for Service, including the Mobile Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Mobile Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Service, including the Mobile Application. You agree to comply with, and your license to use the Mobile Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Service, including the Mobile Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
(b) Additional License Terms for use of the Service in conjunction with the Apple App Store. With respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Stored Sourced Application (i) on an Apple-branded products that runs the iOS (Apple’s proprietary operating system), and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Terms are concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
● You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
● In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
● You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
● You and Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
● You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
● Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
(c) Additional License Terms for use of the Service in conjunction with the Android App Store. The following additional terms and conditions apply with respect to any Mobile Application that Company provides to you designed for use on an Android-powered mobile device (an “Android App”):
● You acknowledge that these Terms are between you and Company only, and not with Google, Inc. (“Google”).
● Your use of Company’s Android App must comply with Google’s then-current Android Market Terms of Service.
● Google is only a provider of the Android Market where you obtained the Android App. Company, and not Google, are solely responsible for Company’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Company’s Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Company’s Android App.
The Mobile Application and all other software that is provided to you through the Service and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
15. Export Control; Local Laws.
Company controls and operates the Service from its headquarters in the United States of America and the Service may not be appropriate or available for use in other locations. If you use the Service outside the United States of America, you are responsible for following applicable local laws.
You may not use, export, import, or transfer the Service except as authorized by the laws of the United States of America, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of (or transportation of documents related to) missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States of America. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Company products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
16. Applicable Law and Arbitration Agreement
These Terms and any action related to these Terms will be governed by and interpreted under the laws of the State of California, United States of America. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply.
You hereby agree to the binding Arbitration Agreement located here. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the County of Los Angeles in the State of California, for such purpose you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of the County of Los Angeles, California.
17. Electronic Communications.
The communications between you and Company use electronic means, whether you visit the Company Site or send Company e-mails, or use the Service or whether Company posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Where Company requires that you provide an e-mail address; you are responsible for providing Company with your most current e-mail address. In the event that the last e-mail address you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
18. Consumer Notice.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Lovely Customs Lda. If you have a question or complaint regarding the Site or Service, please contact Customer Service at email@example.com, Attention Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
20. Contact Us.
If you have any questions about these Terms or otherwise need to contact Company for any reason, you can reach us at firstname.lastname@example.org.
© 2017 Lovely Customs Lda.
Last updated: September 1, 2017
This Participation Agreement is a legal agreement between you and Lovely Customs Lda. (“Company”, “we”, “us”, or “our”) and governs your and Company’s respective rights and obligations with respect to your use of our technology platform to offer, request, procure, and/or provide products, items and souvenir (each a “Package”) transportation and delivery services on or through the “Service” (as defined in Section 1 below) to other users.
BY REGISTERING FOR AND USING THE SERVICE, YOU CERTIFY THAT (1) YOU HAVE THE LEGAL CAPACITY AND THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND BIND YOURSELF (OR THE MINOR OR COMPANY YOU REPRESENT); AND (2) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS OF THE PAYMENT SERVICE DESCRIBED IN SECTION 5 AND ALL APPLICABLE ADDITIONAL TERMS, PROCEDURES AND GUIDELINES.
This Agreement consists of the terms and conditions set forth herein together with all applicable ancillary legal terms, policies, procedures and/or guidelines that appear on the Platform from time to time (collectively, the “Additional Terms” which by this reference are hereby incorporated into, and made part of, this Agreement). Company reserves the right to change any of the terms and conditions contained in this Agreement and/or any Additional Terms governing the Service, at any time, in its sole discretion. Any changes will be effective upon posting of the Agreement or Additional Terms on the “Platform” (as defined in Section 1 below) and may be made without any other notice of any kind. You are at all times responsible for reading and understanding each version of this Agreement and the Additional Terms. YOUR CONTINUED USE OF THE SITE FOLLOWING COMPANY’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT (INCLUDING TO ANY OF THE ADDITIONAL TERMS INCORPORATED HEREIN), DO NOT CONTINUE TO USE THE SERVICE.
3. Company’s Role. Company provides a virtual venue for peers, i.e. Requestors and Travelers, to enter into and complete transactions for the procurement, transportation and delivery of Packages. Company (and its Affiliates) do not provide procurement or Hand2Hand Services and are not a party to the transactions between Requestors and Travelers. As a result, we have no control over the quality, safety or legality of the Hand2Hand Services, the ability of Travelers to provide the Hand2Hand Services to Requestors’ satisfaction, or the ability of Requestors to pay for Hand2Hand Services or for products offered through Hand2Hand Services. We are not responsible for the actions of any Requestor or Traveler. Except as expressly declared herein, we do not conduct any screening or other verification with respect to Requestors or Travelers. As a Requestor or a Traveler, you use the Service at your own risk.
4. Your Use of the Service
4(a)(1) Requestors in General. As a Requestor, you specifically acknowledge, agree to and warrant that: (i) you will provide Travelers from whom you request Hand2Hand Services solely with truthful information reasonably necessary in connection with your Package and the performance of such Hand2Hand Services; (ii) you are responsible for, and have and will, comply with all applicable laws and any laws related to restricted, dangerous or prohibited items you may request; (iii) you will sign a Sworn Declaration and/or affidavit attesting that (1) you described the contents of your Request accurately and truthfully; and (2) at the moment of requesting a Package, to the best of your knowledge, procurement and transportation of the same is not prohibited by law; and (iv) you will only use any information you may receive pertaining to Travelers (including geo-location information) for the sole purpose of receiving Hand2Hand Services and for no other purpose. You agree to respect the privacy of all other Users of the Service.
4(a)(2) Payment. Upon the completion of Hand2Hand Services to Requestors’ reasonable satisfaction, Requestors must pay Travelers for their Hand2Hand Services. As a Requestor, you agree that upon your acceptance of a Traveler for the provision of Hand2Hand Services and verification of delivery of the Package, payment will be remitted to the Traveler automatically (as described in Section 5 below). After performance of Hand2Hand Services, you are not entitled to any refund of your payment for such Hand2Hand Services if the delivery was satisfactory. If a Requestor is not reasonably satisfied with the Hand2Hand Services, the Requestor may reject the Hand2Hand Services. As a Requestor, you will be charged a fee for your use of the Platform in connection with each request for Hand2Hand Services. Please review the applicable Company Fees for all applicable fees associated with your use of the Service pursuant to this Agreement. All fees are in U.S. dollars unless stated otherwise. The Company Fees may vary at any time. You agree to pay the amounts set forth in the Company Fees on the terms set forth herein and therein, and to check the fees and terms each time you use the Service. You acknowledge that Travelers are agreeing to perform Hand2Hand Services for you as independent contractors and not as your employees or as employees of Company. To the extent you receive any contact or personal information regarding any Traveler who has performed Hand2Hand Services for you, such information may only be used as necessary for you to comply with applicable laws and for no other purpose whatsoever. If you have any questions about your obligations to comply with local laws and regulations pursuant to this Agreement, you should seek independent legal advice.
4(b)(2) As a Traveler, you specifically acknowledge, agree to and warrant the following: (i) you will provide Requestors for whom you perform Hand2Hand Services with any information reasonably requested by them through the Service in connection with your performance of such Hand2Hand Services; (ii) you will provide the Hand2Hand Services in a timely and professional manner in accordance with the terms of this Agreement; (iii) when accepting a Request, you agree to review the description provided with it. If you do not agree with the Request, please do not confirm your acceptance and decline; (iv) you are responsible for, and have and will, comply with all applicable laws, including fully and lawfully providing requested information on customs and immigration forms and assuming responsibility in front of authorities for all the items you carry; (v) your geo-location information must be provided to the Service in order for you to provide the Hand2Hand Services and that your geo-location will be displayed to Requestors and Company before and during the provision of Hand2Hand Services; (vi) prior to acceptance of a request for Hand2Hand Services, you shall obtain, hold and maintain at your sole expense proper and valid documentation allowing for (if applicable) international travel (e.g., a passport or other suitable identification and valid air travel tickets) necessary to provide the Hand2Hand Services; (vii) you will personally pack any Package or supervise if it was packed on your behalf, and/or you will inspect and become aware of any Package contents; (viii) you shall maintain confidentiality of any Packages you carry and the Hand2Hand Services you are providing except to provide to the appropriate authorities and/or as required by law; (ix) you have all necessary rights to procure or provide Packages for transportation; (x) this Agreement does not create an association, joint venture, partnership or franchise, employer/employee relationship between Travelers and Requestors, or between Travelers and Company; (xi) you will not represent yourself as an employee or agent of a Requestor or Company; (xii) you will not be entitled to any of the benefits that a Requestor or Company may make available to its employees, such as vacation pay, sick leave, insurance programs, including group health insurance or retirement benefits; and (xiii) you are not eligible to recover worker’s compensation benefits in the event of injury. If you have any questions about your obligations to comply with local laws and regulations pursuant to this Agreement, you should seek independent legal advice.
4(c) Additional Legal Terms. You agree and understand that, as condition to the use of the Service, you may be presented with, and must consent to, ancillary legal terms (i.e. Additional Terms as defined in the opening paragraph of this Agreement) to comply with the provisions set forth in Sections 4(a) and 4(b) above, including without limitation; Requestor’s forms (by which Requestor makes a legal declaration of the items requested); and/or any other additional legal or ancillary terms that may apply to the Service and/or to you.
4(d) Information and Feedback. You must supply accurate and complete information for all Hand2Hand Services in accordance with our data requirements, as may be designated by us from time to time, including in the Additional Terms. You recognize and agree that Company will implement mechanisms allowing us and others to track your requests for, or your performance of, Hand2Hand Services and rate your performance as a Requestor or Traveler, and Company reserves the right to collect feedback regarding your performance and to post such feedback on the Service. You may not take any actions that may undermine the integrity of the feedback system. You agree that submission of any information, feedback, content, data or other materials (collectively, “Submissions”) is at your own risk, and that none of Company, its Affiliates, Requestors or Travelers has any obligations (including without limitation obligations of confidentiality) with respect to such Submissions. You represent and warrant that you have all rights necessary to submit the Submissions. You hereby grant to Company and its Affiliates a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Submissions, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service. For avoidance of doubt, if you are a Requestor, if you create any criteria lists for use on the Service to evaluate or otherwise select Travelers they will be considered Submissions for purposes of this Agreement and may be used and/or referenced by us or other Requestors and Travelers pursuant to the license granted above.
4(d) Disputes between Requestors and Travelers. Your use of the Service is at your own risk. Because Company is not involved in and it is not a party to the actual transaction between Travelers and Requestors, Company will not be involved in resolving any disputes between participants related to or arising out of the Hand2Hand Services or any transaction. Nevertheless, Company will assist Users with any refunds related to the lack of provision of Hand2Hand Services or to damaged Packages, as further described in our Site.
5. Payment Service. Company (through its third party providers of payment services) will process all payments made by Requestors to Travelers (the “Payment Service”). Requestor payments made through the Payment Service are received by Company’s third party providers of payment services on behalf of Travelers, and may be disbursed only in accordance with the terms outlined below.
(a) Payment in advance. Each Requestor must prepay for Hand2Hand Services. After completion of the Hand2Hand Services and verification of delivery through the Service, the Payment Service will debit the amount owed to each Traveler from the Requestor’s method of payment, and credit each Traveler’s account with that amount. As a Traveler, you acknowledge and agree that the Company Fee will be debited from the payment you will receive in connection with the provision of Hand2Hand Services. Company agrees to remit, or cause to be remitted, to you within a reasonable time after the successful completion of the Hand2Hand Services, on a Package-by-Package basis, the amounts paid by Requestor minus the applicable Company Fee.
(b) Fee Adjustment. Company reserves the right to adjust or cancel remittance of Requestor’s paid fees for a particular instance of Hand2Hand Services (e.g., Requestor did not received the Hand2Hand Services, in the event of a valid Requestor complaint, fraud, etc.). Company’s decision to reduce or cancel the payment by Requestor shall be exercised in a reasonable manner. PLEASE BE AWARE THAT THIRD PARTY PROVIDERS OF PAYMENT SERVICES CHARGE A NON-REFUNDABLE FEE OF THREE PERCENT (3%), WHICH FEE SHALL BE CHARGED TO REQUESTOR REGARDLESS OF CANCELLATIONS OR REFUNDS.
(c) Cancellation Charges. As a Traveler, you acknowledge and agree that Requestor may cancel requests for Hand2Hand Services that have been accepted by you via the Service at any time prior to your physical procurement of a Package. In the event that Requestor cancels an accepted request for Hand2Hand Services before your procurement of the Package, Traveler will not be entitled to payment for such Package. PLEASE BE AWARE THAT THIRD PARTY PROVIDERS OF PAYMENT SERVICES CHARGE A NON-REFUNDABLE FEE OF THREE PERCENT (3%), WHICH FEE SHALL BE CHARGED TO REQUESTOR REGARDLESS OF CANCELLATIONS OR REFUNDS. As a Requestor, you acknowledge and agree that you may not cancel requests for Hand2Hand Services that have been accepted by a Traveler via the Service once the Traveler procured the Package and has notified you of such procurement. In the event that Requestor cancels an accepted request for Hand2Hand Services after a Traveler’s procurement of the Package, you understand that you will be charged for the agreed amount regardless if you accept or not delivery of such Package. Company reserves the right to charge the Requestor cancellation fees in he event that Requestor cancels an accepted request for Hand2Hand Services without enough notice. Such cancellation fees shall be a percentage of the cost of the Package or of Company Fee, as applicable. If charged, this cancellation fee shall be deemed the Company Fee for the cancelled Hand2Hand Services (“Cancellation Fee“).
6. Compliance with Laws.
(a) Taxes. You acknowledge and agree that you are required to complete all tax registration obligations and calculate and remit all tax liabilities related to your receipt or provision of Hand2Hand Services as required by applicable law. If you are a Traveler, you further acknowledge and agree that you are responsible for taxes on your own income arising from the performance of Hand2Hand Services. Notwithstanding anything to the contrary in this Agreement, in the event that Company, as per applicable tax laws and regulatory considerations, needs to withhold and remit taxes resulting from provision or receipt of Hand2Hand Services, Company shall comply with applicable law.
(b) Compliance with Laws; The Service may be used only for lawful purposes and in a lawful manner. You may not use the Service in any manner that violates any applicable law or governmental regulation. In addition to your obligations with respect to Taxes above, you agree to comply with all applicable laws, statutes, and regulations of any jurisdiction in which you request or perform Hand2Hand Services.
(c) Investigation. Company has the right, but not the obligation, to monitor any activity, content and Submissions associated with the Service. Company may investigate any reported violation of its Additional Terms or complaints and take any action that it deems appropriate.
8. No Warranties. THE SERVICE AND THE PAYMENT SERVICE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; THAT THE SERVICE OR THE PAYMENT SERVICE OR THE SERVICES PERFORMED BY BUSINESS ASSOCIATES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR, OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY; THAT THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SERVICE WILL BE AS REPRESENTED BY REQUESTORS OR TRAVELERS, THAT THE HAND2HAND SERVICES ARE LAWFUL, OR THAT REQUESTORS OR TRAVELERS WILL PERFORM AS PROMISED; OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF THE REQUESTORS OR TRAVELERS AND COMPANY AND ITS AFFILIATES DO NOT SCREEN OR OTHERWISE EVALUATE REQUESTORS OR TRAVELERS. COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION BY YOU OR OTHER THIRD PARTY.
9. General Release. BECAUSE COMPANY IS NOT INVOLVED IN TRANSACTIONS BETWEEN REQUESTORS AND TRAVELERS, YOU HEREBY RELEASE COMPANY AND ITS AFFILIATES (AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL, CONSEQUENTIAL AND OTHERWISE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE BETWEEN ONE OR MORE REQUESTORS, TRAVELERS, OR OTHER USERS OF THE SITE.
10. Indemnity. You will indemnify and hold harmless Company and its Affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding (“Claim”) that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) arising of or in any way related to the Hand2Hand Services and/or any Submissions, including any actual or alleged violation of any applicable law or infringement of any intellectual property or proprietary rights by any of your Submissions; and/or (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Service or the provision of the Hand2Hand Services.
13. Termination. You may at any time elect to stop using the Service, provided that in discontinuing any
Service activities, you must use Company’s standard functionality and further must abide by all applicable Company Additional Terms. Company, in its sole discretion, may terminate this Agreement or suspend access to the Service immediately without notice for any reason.
PLEASE READ THIS CAREFULLY, IT AFFECTS YOUR RIGHTS. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. IF YOU ARE A RESIDENT OUTSIDE OF THE UNITED STATES OF AMERICA, PLEASE NOTE THAT UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRIATE AUTHORITIES OR COURTS IN THE COUNTRY IN WHICH YOU RESIDE.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief) in connection with the Terms or the use of any product or Service provided by Company that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before you may seek arbitration, you must first send us a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. Notices to Company should be sent to: email@example.com. Attention Legal Department.
After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within a reasonable time after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. All disputes, controversies or claims you may have arising out of or in connection with your relationship with Company shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ADR Provider”) in accordance with said Rules (the “Arbitration Rules”). The Arbitration Rules shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The Arbitration Rules governing the arbitration are available online at http://www.iccwbo.org/Products-and-Services/Arbitration-and-ADR/Arbitration/Rules-of-arbitration/Download-IC C-Rules-of-Arbitration/ICC-Rules-of-Arbitration-in-several-languages/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00 ) may be resolved through binding non-appearance-based arbitration, at the option of Company. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
Venue. The exclusive venue for the arbitration shall be Los Angeles County, California, except that in the event that you are a resident of a country member of the European Union, the United Kingdom, Switzerland, or Norway you may select Paris, France as the venue for arbitration. The parties will endeavor to minimize the need for long distance travel through use of telephonic communications and submission of documents as permitted under the applicable rules for expedited procedures. The official language of the arbitration shall be English.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Time Limits. If you pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Arbitration Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.
Waiver of Jury Trial. YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. Neither a Party nor its representatives, nor a witness nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder, nor may disclose any materials in any arbitration proceedings created for the purpose of the arbitration nor any other documents produced by any Party in the proceedings not otherwise in the public domain, except as may be required by applicable law, or to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
Attorneys’ Fees. In any arbitration commenced under this contract the arbitrator(s) are empowered to award attorney’s fees. The prevailing Party in any arbitration between the Parties under this arbitration agreement shall recover from the non-prevailing Party its reasonable attorneys’ fees and costs. The prevailing Party shall also recover from the non-prevailing party the costs of the enforcement of the arbitral award, and the costs of any action to enforce or interpret this contract.
Finality of Award. The decision and award shall be conclusive and binding upon all Parties, and judgment upon the award may be entered in any court of competent jurisdiction. Each of the Parties hereby waives all objections which it may have at any time to the laying of venue of any proceedings brought in the courts set forth herein, waives any claim that such proceedings have been brought in an inconvenient forum and further waives the right to object with respect to such proceedings that any such court does not have jurisdiction over such party.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
The Requestor shall agree to pay the price proposed by the traveler, along with 6% Paypal commission over the previous value.
The Company has a fixed fee of 10%, charged to the Traveler whenever the transfer of funds takes place, after a successful delivery.