Last Updated: December 9th, 2024

Welcome and thank you for allowing Delivably and its affiliates to help provide and improve its products and services. When you visit or use the Delivably website or the Delivably mobile platform (both the “Application”), these Terms of Use (“Terms”) govern your access and use of Delivably products and services through any country.

PLEASE READ THROUGH THESE TERMS CAREFULLY. BY USING OR ACCESSING DELIVABLY, YOU HAVE AGREED TO THESE CONDITIONS

By proceeding to use and access Delivably, you have agreed to adhere to these Terms of Use. This forms a contractual relationship between you (the “User”) and Delivably. If you do not agree with any of the Terms, you may not use or access Delivably. These Terms directly and entirely override any previous terms or conditions disclosed by Delivably, and/or agreed upon by Delivably and The User. Delivably retains the ability to amend to and update these Terms. In the event of an inconsistency between these Terms and other disclosures or agreements provided by Delivably, these Terms will control.

Privacy

We collect and use information to improve our products and services. You may find more detailed information on this topic in ourPrivacy Notice, which also constitutes an agreement between the User and Delivably. In agreeing with these Terms, The User acknowledges to also have read and agreed with the Privacy Policy.

The Services

Delivably provides a platform (“Delivably Platform") to connect independent third-party vendors (“Third-Party Vendors”) with those seeking their products. The Delivably Platform includes but is not limited to the Application. THESE THIRD-PARTY VENDORS ARE NOT EMPLOYED OR OWNED BY DELIVABLY OR ITS AFFILIATES. YOU AGREE THAT DELIVABLY, ITS AFFILIATES, OR ITS APPLICATION DO NOT GUARANTEE THE QUALITY OF THE PRODUCTS SOLD BY VENDORS ON THE PLATFORM.

License

Subject to your compliance with the Terms, Delivably or its affiliates grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make non-commercial use of the Delivably Platform. Any rights not explicitly mentioned in the Terms are reserved by Delivably and its licensors.

User Accounts

As a requirement of using the Service you must register an account (“Account”). In doing so, you agree that you are the age of legal majority in your legal jurisdiction and that all information you provided is accurate, complete and up to date. A part of the process of registering an Account includes providing a valid payment method. This includes, but is not limited to bank account information, debit card information, and credit card information. Delivably may use third-party payment services that comply with Payment Card Industry Data Security Standards to facilitate transactions between Delivably and the User. This also includes transactions between the User and other Delivably users. Failing to provide and update User provided information may result in the inability to access the Account or use Delivably. Further Delivably can at any point sever these Terms with you, the User. If charging your selected payment method has issues, Delivably retains the right to charge any additional payment method you associated to your Account. You agree that your User Account activity is entirely your responsibility and you agree to maintain the security and secrecy of your Account username, password, email and phone number. As a Delivably User you may not create more than one Account, unless otherwise permitted in writing by Delivably.

User Provided Content

You agree to not provide any material that is hateful, pornographic, illegal, libellous, obscene, or infringing of intellectual property. If any content meets these conditions, or any other additional conditions not explicitly stated, Delivably reserves the right to disable or remove an Account and/or prevent future Account access by a User. This will be at Delivably’s sole discretion. Your user provided content remains your property and responsibility. Though, in providing this content, you are granting Delivably a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. Delivably assumes no liability or responsibility to monitor this user provided content.

Charges and Transfers

The User may be considered a Third-Party Vendor or an Account holder purchasing a product from a Third-Party Vendor. As a User, you understand that the request of the independent Third-Party Vendor’s product results in a charge made by Delivably and is due immediately. The fulfillment of this Third-Party Vendor’s product is not guaranteed by Delivably. You acknowledge that there is no expiration on when Delivably may charge the User for connecting the User with the Third-Party Vendor’s product. This charge made to the User is modifiable to any extent determined by Delivably. If Delivably provides promotional offers and discounts to other users, then you acknowledge that these have no effect or bearing on the charges or offers made to you. Delivably has no obligation to fulfill these promotional offers to any other user. As a User may have the ability to cancel the request for a Third-Party Vendor’s product, the User also acknowledges that there may be an associated cancellation fee which is solely determined by Delivably. Any charge, fee, or transfer is non-refundable and Delivably is not responsible for ensuring the product was properly rendered. When a User offers their service as a Third-Party Vendor, the User understands that the associated fee suggested on the service is modifiable by Delivably at any point. This fee can only be paid upon the succession of the Third-Party Vendor’s product. Additionally, Delivably will decide when to transfer this fee to the Third-Party Vendor and is not required by any timeline to pay this fee, unless required by law.

Pricing

Delivably may elect to allow the Third-Party Vendor to determine the fee associated to a product prior to the sale of that product on the Delivably Platform. However, Delivably reserves the right to modify this fee, before, during or after the sale without notifying either party. Also, Delivably may enforce a specific fee and not allow the User to contribute to this decision. The User agrees to adhere to taxation policies in the User’s legal jurisdiction.

Product Delivery

The User agrees that if they purchase a product listed on the Delivably Platform, then there is an associated risk that they are willing to accept that the product may sustain reasonable wear-and-tear during its delivery. In the case that there is reasonable wear-and-tear incurred during the delivery, Delivably is not responsible for refunding or returning the product.

Delivery of Goods by Third-Party Vendors

If the User purchases a product on the Delivably Platform that involves the delivery of an item, the User acknowledges that this item must be legal to possess and transport without any additional licenses required. Delivably will not be responsible for any damage incurred by the item before, during, or after the service. Delivably will not ensure the fulfillment of the service provided by the Third-Party Vendor according to any time expectation. The User agrees not to promote, encourage, accept or provide a service that involves the crossing of any country or regional borders. The User accepts the sole responsibility for ensuring that all services are rendered in a legal manner and the User agrees to not hold Delivably liable for guaranteeing the fulfillment or completion of any Third-Party Vendor’s product.

Indemnity

You agree to indemnify and hold Delivably and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Service, the Application or services or goods obtained through your use of the Service or Application; (ii) your breach or violation of any of these Terms; (iii) Delivably's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers, Third Party Contractors, and Third Party Payment Processors.

Disclaimers and Limitation of Liability

CERTAIN JURISDICTIONS PREVENT THE LIMITATION OF WARRANTIES AND CONDITIONS OF LIABILITY EXCLUSION. IF THIS APPLIES TO YOU, SOME OR ALL OF THE FOLLOWING LIMITATIONS OF LIABILITY, DISCLAIMERS, DISCLOSURES, AND EXCLUSIONS MAY NOT APPLY TO YOU. THE Delivably PlatformS AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND TECHNOLOGY PLATFORMS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Delivably PlatformS ARE PROVIDED BY DELIVABLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. DELIVABLY DOES NOT WARRANT THAT THE SERVICES IT PROVIDES, INFORMATION AND USER CONTENT IT DISPLAYS, Third-Party VendorS’ SERVICES, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Delivably PlatformS ARE FREE OF HARMFUL OR RISKY COMPONENTS. DELIVABLY WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, PROPERTY DAMAGE OR ANY KIND ARISING FROM THE USE OF ANY Delivably Platform. THIS INCUDES DAMAGES PERTAINING TO ANY INFORMATION, CONTENT, MATERIALS, TECHNOLOGY PLATFORMS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Delivably Platform, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. EVEN IF DELIVABLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, DELIVABLY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES. THIS INCLUDES ANY INABILITY TO ACCESS OR USE THE SERVICES. DELIVABLY IS NOT LIABLE OR RESPONSIBLE FOR FULFILLING ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. DELIVABLY MAY PROVIDE A SERVICE TO YOU IN PROVIDING THE CONNECTION TO A THIRD-PARTY SERVICE PROVIDER THAT CAN BE USED TO DELIVERY GOODS AND MATERIALS, BUT YOU AGREE NOT TO HOLD DELIVABLY LIABLE OR RESPONSIBLE FOR THE RENDERING, COMPLETION, FULFILLMENT, INCURRED DAMAGE, COSTS, SCHEDULING, PRICING, AND OTHER RESULTS OF THE DELIVERY OF THESE GOODS AND MATERIALS.

Disputes

Any dispute, claim, legal conflict or controversy relating to your use of the Delivably Platform or any products or services sold or distributed by Delivably, or in connection to these Terms, including its validity, creation and legality shall be resolved through binding arbitration, instead of court, unless otherwise agreed upon by both parties. The arbitrator must follow these Terms as court would. You and Delivably both agree that if any dispute resolution proceedings are conducted, then it will occur on an individual basis and not in a class, consolidated or representative action. If binding arbitration does not occur for any reason, then both yourself and Delivably waive the any right to a jury trial.

Distribution of the Terms

You may not transfer, distribute, or copy these Terms whole or in part, without the explicit written pre-approval by Delivably.