Terms & Conditions for Users

DELIVEREE CUSTOMER TERMS OF USE
For use in the jurisdiction of the Kingdom of Thailand

CONTRACTUAL RELATIONSHIP
1. These Terms of Use (“Terms”) set forth the terms and conditions of service under which you may utilize (i) the customer applications (the “Platform”) and (ii) the Service of Deliveree as described
2. “Deliveree” refers to Deliveree Private Limited and its subsidiaries and affiliates either collectively or individually.
3. The “Service” is Deliveree’s procurement, provisioning, management, and execution of the transportation of goods, including the provision of value-added support services.
4. Your access and use of the Platform or Service constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Deliveree. If you do not agree to these Terms, you may not access or use the Platform or Service. Your use of the Platform or Service is subject to these Terms, as may be, amended, modified or updated by Deliveree from time to time, effective upon posting of an updated version of these Terms in the Platform. Your continued use or access of the Platform or Service after such posting constitutes your consent to be bound by the Terms, as amended.
5. These Terms supersede any other agreements with respect to the subject matter of these Terms, except that with respect to any Business Program Agreement or business account related agreements you have entered into with Deliveree (“Business Program Agreement”), Business Program Agreement will not be superseded by these Terms, and to the extent that such agreement is inconsistent with these Terms, such agreement will govern. Deliveree may, at any time for any reason, without notice to you, cease offering you access to the Service or any portion thereof or deny you access to the Service or any portion thereof.
LICENSE AND RESTRICTIONS
1. License – Subject to your compliance with these Terms, Deliveree grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Platform and Service. Any rights not expressly granted herein are reserved by Deliveree.
2. Restrictions – You are prohibited from, and cannot permit others to:
  1. delete or alter any copyright, trademark, or proprietary notices from any section of the Platform;
  2. copy, modify, create derivative works from, distribute, grant a license for, lease, sell, re-sell, transfer, openly exhibit, perform publicly, transmit, broadcast, or in any other way use the Platform or Service contrary to Deliveree’s explicit authorization;
  3. disassemble, decompile, reverse-engineer, or try to discover the source code or underlying technology, methodologies, or algorithms of the Platform;
  4. initiate or run any programs or scripts for scraping, indexing, surveying, data mining any part of the Platform or Service, or excessively burden or interfere with the functionality and operation of any aspect of the Platform or Service;
  5. try to access without authorization or impair any element of the Platform, its associated systems, or networks.
3. Ownership – The Platform and Service and all rights therein are and will remain Deliveree’s property. Neither these Terms nor your use of the Platform or Service convey or grant to you any rights: (i) in or related to the Platform or Service except for the limited license granted above; or (ii) to use or reference in any manner Deliveree’s company names, logos, product and service names, trademarks or services marks.
CUSTOMER ACCOUNT
1. Customer Account – Deliveree will allow for the creation of your account that will enable you to access the Platform and Service. The Platform will enable you to do, but not be limited to, the following things (as may be available in the Platform from time to time): (a) receive price quotes from Deliveree for the Service, (b) create, modify, and cancel bookings, (c) utilize tools, functions, and features associated with the bookings, (d) view booking and delivery information, which may include, without limitation, your user name together with request time and date, information about the cargo and shipment, the name and other identifying information of the Vendor, and/or the Vendor’s driver, information about the equipment being used by the Vendor, booking pick-up and delivery time and date, pick-up and delivery address and related facility information, pick-up and delivery facility contact persons and their contact information (which may include phone numbers), Deliveree customer support contact information (which may include phone numbers), trip route, distance and duration, and the price charged by Deliveree (collectively, “Platform Data”). You agree to use Platform Data solely for legitimate business purposes. Deliveree reserves the right to add, remove and update features and functionality of the Platform at any time.
2. Administration – You are responsible for all activity that occurs under your login credentials. You agree to (a) maintain your Platform login credentials in confidence, (b) update all contact information as necessary to ensure that it is current, accurate, and complete, and (c) in the case that you permit or enable another user to use your Platform login credentials, you will be responsible for the activity of any users that occurs under your login credentials as if it were you carrying out such activity.
3. Notices – Deliveree may give notice by means of a general notice on the Platform, electronic mail to your email address in your account, or by electronic chat to your chat app at the phone number associated with your account. Such notice will be deemed to have been given immediately after sending.
FEES AND PAYMENTS
1. Fees – In consideration of Deliveree’s provision of the Service, you agree to pay to Deliveree all applicable charges (collectively, the “Fees”) without offset on the terms set forth below and in the Platform.
2. Payment Terms – You agree to the following with respect to the Service: You will pay to Deliveree the amount of any booking purchased by you or from your account at the prices indicated in the Platform or any other amounts otherwise agreed between the parties; any initial price quote is based on the booking information provided by you, and if booking information is changed, the price is likely to change as well, and by using the Service for such booking, you agree to such updated price; and you will accept electronic versions of proofs of delivery and other shipping documents.
3. Nonpayment – In addition to Deliveree’s suspension and termination rights in these Terms, Deliveree further reserves the right to pursue any and all remedies available to it under applicable law, including reporting you to applicable authorities, financial institutions, and credit agencies, in the event of any unpaid Fees hereunder.
DISCLAIMER AND LIMITATION OF LIABILITY
1. Disclaimer: The Platform and Service are provided “as is” and “as available.” Deliveree disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Deliveree makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Platform or Service, or that the Platform and Service will be uninterrupted or error-free. You agree that the entire risk arising out of your access or use of the Platform or Service remains solely with you.
2. Limitation of Liability: Deliveree will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Platform or Service, even if Deliveree has been advised of the possibility of such damages. Deliveree will not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Platform or Service or your inability to access or use the Platform or Service; or (ii) any transaction or relationship between you and any third party, even if Deliveree has been advised of the possibility of such damages. Deliveree will not be liable for delay or failure in performance. In no event will Deliveree’s total liability to you in connection with the Platform or Service for all damages, losses and causes of action exceed the equivalent of USD 50.00 as expressed in the currency of the country in which the Platform and Service is provided at prevailing central bank published exchange rates.
3. Statute of Limitation – Regardless of any other statute of limitations provided under applicable law, no claim, litigation, or action of any kind, regardless of form, arising from or pertaining to these terms or your use of the Platform or Service may be brought by you against Deliveree more than six months after the occurrence of the circumstances underlying such claim, litigation or action.
4. Third-Party Content – Deliveree does not control, endorse, or take responsibility for any user content or third-party content available on or linked to in the Platform.
CONTENT AND INFORMATION
1. Messaging and Calls – You agree that Deliveree may contact you and the parties involved in a booking by telephone, SMS message, email, or by chat application such as Whatsapp or Line at any of the phone numbers provided by you or otherwise inputted into the Platform.
2. User Provided Content – Deliveree may, in its sole discretion, permit you from time to time to submit, upload, or share various types of content, including booking details, comments, feedback, ratings, reviews, and support requests (“User Content”). When you provide this User Content, you give Deliveree a global, endless, non-revocable, assignable, free license, with rights to further license, to adapt, replicate, transform, distribute, publicly exhibit, and use this User Content in any form and through any media, known or developed in the future, including for Deliveree’s business and on third-party platforms, without needing additional approval or compensation to you or others.
3. User Content Representation – You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Deliveree the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Deliveree’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4. User Content Appropriateness – You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Deliveree in its sole discretion, whether or not such material may be protected by law. Deliveree may, but will not be obligated to, review, monitor, or remove User Content, at Deliveree’s sole discretion and at any time and for any reason, without notice to you.
PRIVACY AND DATA SECURITY
1. You have reviewed and provided acknowledgement and consent to Deliveree’s Customer Data Privacy and Security Policy, as updated from time to time, which can be found on its website: https://www.deliveree.com/th/information/
WARRANTIES
1. Mutual Warranties – Each party represents and warrants that: (a) such party has the full right, power and authority to enter into these Terms; and (b) such party’s acceptance of these Terms, as well as such party’s performance of the obligations set forth in these Terms, does not and will not violate any other agreement to which such party is a party.
2. Customer Warranties – Customer represents and warrants that:
  1. Customer has all rights and permissions necessary to provide Deliveree with any information provided to Deliveree hereunder in connection with the Service;
  2. Customer is in compliance, and will remain in compliance during the tenure of these Terms, with all applicable laws, rules and regulations
  3. Customer has all necessary consents and authorizations from its customers (or other parties as applicable) to book and transport under these Terms.
  4. When availing of the Service, Customer shall adequately prepare, secure, and package the cargo to withstand the reasonable duress of ordinary transportation conditions such as physical loading/unloading, physical carrying and motorized transport. This includes sealing any contents with extra care to avoid breakage, tearing, leakage, spilling, shrinkage, and/or any other nature of loss. For cargo similar in nature to furniture (ie. tables, sofas, chairs, shelves), large appliances (i.e. washing machines, refrigerators, freezers), or electronic display (ie. monitors, televisions), you acknowledge that such items are prone to damage during transport and, as such, you have taken extra precautions in the form of protective packaging to protect such fragile cargo; and
  5. When availing of the Service, Customer shall follow all weight and dimension capacity specifications disclosed in Deliveree’s Platform.
3. Child Protection Warranties – Customer represents that you are of legal age and are legally authorized to enter into contracts.
CLAIMS FOR LOSS/DAMAGE TO CARGO
1. Without prejudice to Clause 5, Deliveree may provide cargo insurance to protect against direct loss for new goods, merchandise, belongings and items that are booked and transported using Deliveree’s Service and Platform. Insurance policy and terms and conditions can be found here.
OTHER MATTERS
1. Force Majeure – Nonperformance of either party under these Terms will be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, weather conditions, war, acts of terrorism, pandemic or epidemic, governmental acts or orders or restrictions, local or national disruptions to transportation networks or operations, fuel shortages or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party. This Section does not apply to your obligation to pay Fees under these Terms.
2. Severability and No Waiver – If any provision or provisions of these Terms are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Deliveree’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Deliveree in writing.
3. Assignment – You may not assign these Terms without Deliveree’s prior written approval. Deliveree may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Deliveree’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section will be void. Subject to the foregoing, these Terms will be binding upon all successors and assigns of a party.
4. No Partnership – No joint venture, partnership, employment, or agency relationship exists between you, Deliveree or any third party as a result of these Terms or use of the Platform or Service.
5. Non-Solicitation – You may not solicit Deliveree’s Vendors whom you or your organization have come into acquaintance or awareness via Deliveree’s Platform, thereby circumventing Deliveree’s Platform and Service.
6. Independent Enterprises – Deliveree and you are and will remain independent parties. Neither is the representative or agent of the other and neither will have any power to assume any obligations on behalf of the other. These Terms or your use of the Platform or Service do not create a joint venture, joint enterprise or partnership between you and Deliveree.
7. Attorney’s Fees – In any litigation resulting from these Terms or your use of the Platform or Service, the non-prevailing party will pay the prevailing party the prevailing party’s reasonable attorney fees and all other costs of proceedings incurred in enforcing these Terms.
8. Section Headers – Section headings are for convenience only and will not be considered in the interpretation of these Terms.
9. Confidentiality – You agree to hold in confidence any confidential and proprietary information of Deliveree that you become aware of in connection with the Platform or Service.
10. Jurisdiction – These Terms of Use shall be governed by the laws of the Kingdom of Thailand.