Introduction. Welcome to the Lalamove Application (“Lalamove App”), the App that connects businesses seeking someone to provide a delivery service for shipments of packages and materials (“Users”) with persons who own or manage vehicles that provide applicable delivery services for such shipments (“Delivery Partners"). Users and Delivery Partners can connect by accessing the Lalamove App in order to arrange for deliveries. The Lalamove App works on the Lalamove technology platform that operates and connects multiple parties to provide delivery services.
In these Terms, the words “you” or “your” refers collectively to both Users and Delivery Partners (and their respective employees and representatives). The word “Services” means the services provided by Company, in providing the Lalamove App and other related applications, and allowing you to connect with Users or Delivery Partners, under the Lalamove App and related applications (as detailed below). The word “Shipments” refers to mutually agreed deliveries of approved Shipments arranged between you, Users and Delivery Partners, under the Lalamove App.
In these Terms, “Applicable Law” means applicable US federal, state, and local laws, rules, and regulations governing payments, transportation services and all other services provided hereunder, including: any and all foreign, federal, state or local laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders or determinations of (or agreements with), and mandatory written direction from (or agreements with) any Regulatory Authority - including the Bank Secrecy Act and the regulations promulgated thereunder, any and all sanctions or regulations enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, and all federal or state statutes or regulations relating to payments, transportation services and/or the gig economy, unfair or deceptive acts or practices, privacy or data security, as each of the foregoing may be amended and in effect from time to time.
By downloading the Lalamove App and commencing use of the Services, Users and Delivery Partners shall be deemed to have agreed to this agreement and these Terms. You also acknowledge and agree that you have the authority to enter into these Terms personally and, if applicable, on behalf of any organization on whose behalf you have enrolled for use of the Services and to bind such organization to these Terms.
The terms “User(s)” and “Delivery Partner(s)” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that enroll or otherwise access or use the Services through their respective representatives or employees. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.
NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE
APPEAR IN SECTION 11 OF THIS AGREEMENT.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THESE TERMS;
- YOU WILL COMPLY WITH THESE TERMS; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
Please read carefully “WARRANTY DISCLAIMER,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION.” These provisions limit our liability to you.
IN PARTICULAR, SECTION 11 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IT IS IMPORTANT TO NOTE THAT SECTION 11 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND COMPANY TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 11 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THE SERVICES.
Effective: August 20, 2020
- Application of these Terms- Limited Geographical Scope and Restrictions
(a) As of the Effective Date, the Services are available to you only in the following THREE cities, and where applicable, nearby metropolitan areas in the same state:
Dallas and Houston TX
You agree not to use nor attempt to use the Lalamove App outside of the above sixthree locations. We will notify you through the Lalamove App in the event additional locations are added to the Lalamove App.
(b) You understand and acknowledge that the Lalamove App and the Services are designed for small businesses and commercial customers requiring delivery of correspondence and packages only.
(c) The scope of Services provided through the Lalamove App are strictly limited. Please note that the following restrictions apply to ALL THREE Locations:
- The Lalamove App and the Services are strictly limited to movement of goods and materials. Delivery partners and/or their drivers will not carry passengers as part of the Services.
- The Lalamove App and the Services will not use Delivery Partners (and/or their drivers) that drive tractor trailers, cargo tank trailers or similar large trucks. Depending on the location, all Delivery Partner vehicles must be under 10,000 pounds. See below.
- No Delivery Partner (and/or its driver) will transport hazardous materials. “Hazardous materials” means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of this subchapter including: flammable liquids and solids; explosives; fireworks; “dangerous when wet” materials; combustible liquids; aerosols or compressed gas; poisonous gas and materials; toxins; radioactive materials; and other products and materials as designated in 49 CFR 172.101.
- No Delivery Partner (and/or its driver) will provide “household moving van” services (or similar services). The Lalamove App and the delivery of Shipments as not intended as a substitute for household movers or moving services.
- No Delivery Partner (and/or its driver) will transport weapons.
- No Delivery Partner (and/or its driver) will transport alcohol or tobacco products as part of its Shipment if prohibited by local law or regulation. Delivery Partner (and/or its driver) shall be permitted to deliver alcohol and/or tobacco products if local laws or regulations permit the transportation of alcohol and/or tobacco products and if Delivery Partner (and/or its driver) have all necessary permits and authority to deliver such alcohol and/or tobacco products
- The Lalamove App and the Services are strictly limited to Delivery Partners (and/or their drivers) using passenger vehicles (i.e., cars, motorcycles, light duty trucks and vans).
- Delivery Partners will not allow the use of bicycles for Shipments.
(d) In addition to the above restrictions, please note that following restrictions applicable to the specified locations below:
(1) Chicago IL - Delivery Partners and/or their drivers in Chicago Illinois must NOT use a vehicle:
- With a Gross Combination Weight Rating (GCWR) of 26,001 pounds or more, providing the Gross Vehicle Weight Rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
- With a GVWR of 26,001 pounds or more, or any such vehicle towing another not in excess of 10,000 pounds.
- That, regardless of size, is designed to transport 16 or more persons, including the driver.
- That, regardless of size, is required by federal regulations to be placarded while transporting hazardous materials.
(2) Dallas and Houston TX - Delivery Partners and/or their drivers in Dallas and/or Houston Texas must NOT use a vehicle:
- That has a gross combination weight or a gross combination weight rating of 26,001 or more pounds, including a towed unit with a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds;
- That has a gross vehicle weight or a gross vehicle weight rating of 26,001 or more pounds;
- That is designed to transport 16 or more passengers, including the driver; or
- That is transporting hazardous materials and is required to be placarded under 49 C.F.R. Part 172
- c) By accepting these Terms or using the Lalamove App or website platform, you affirmatively consent to Company's collection, use, disclosure and storage of your information. You may revoke your consent with respect to Company's collection, use, disclosure and storage of your information at any time by terminating your participation in the Services, deleting the App from your mobile device, terminating your relationship with Company as Delivery Partner, or by changing the privacy settings on your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your Enrollment, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period, but we will not use or share such information after you have revoked your consent.
- d) To protect your personal information from loss, theft, misuse and unauthorised access, disclosure, alteration and destruction, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
- Modifications and Discrepancies
- a) We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices. Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Lalamove App or website platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
- b) If there are any discrepancies between the contents of these Terms and the descriptions of the Services provided elsewhere (other than in these Terms), the contents of these Terms shall control.
- Description and Enrollment for Use of the Applications and Services
(a) The Services consist of two basic functions:
- First, access to the Lalamove App, or Lalamove website platform through your mobile device (either iPhone or Android devices), or API connection if applicable that connects Users and Delivery Partners and provides delivery of Shipments as ordered by Users to specified addressees or recipients (“Recipients”), including tracking data and payment services (Shipment Connection App Services);
- Second, access to a separate application through your mobile device (either iPhone or Android devices) or online through our website usable solely by persons seeking to enroll as Delivery Partners; this separate application (the “Delivery Partner Enrolment Application”) collects and verifies data regarding Delivery Partners, their drivers and their vehicles (Delivery Partner Enrollment Services).
Collectively, Shipment Connection App Services and the Delivery Partner Enrollment Services are referred to as the “Services”. Collectively the Lalamove App and the Delivery Partner Enrollment Application are referred to as the “Applications.” The Company may add or amend the scope and description of Services or the Applications.
(b) You must register and provide applicable information, in order to use the Lalamove Application and/or the Delivery Partner Enrollment Application.
- General Use of the Services.
(a) System requirements. In preparation for using the Services, you are required to satisfy the system requirements, and must prepare a compatible device and compatible software which can effectively connect to the Internet. These factors and the usage environment of the Services by you may substantially influence whether or not you will be able to use the Services without any problems. The Company shall in no way be responsible for your satisfaction of the system requirements or your usage
(b) Limitation on access devices
(c) Requirements, Prohibitions and Restrictions. Without limiting other rules and prohibitions in these Terms, by using the Services, you agree that:
- You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful shipments or materials or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users and Delivery Partners.
- You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
- You will only access the Services using means explicitly authorized by the Company.
- You will not use another User’s or Delivery Partner’s account or mobile device, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content, materials or shipments transmitted through the Services.
- You will not use the Services to cause nuisance, annoyance or inconvenience.
- You will not copy or distribute the application software and technology, or any content displayed through the Services, for republication in any format or media.
- You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.
- The information you provide to us when you enroll or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
- You will keep secure and confidential your enrollment password or any identification credentials we provide you which allows access to the Services.
- You will use the Lalamove Application, the Delivery Partner Enrollment Application and Services only for your own use and will not directly or indirectly resell, license or transfer the Applications, Services or content displayed by the Services to a third party.
- You will not use the Services in any way that could damage, disable, overburden or impair any Company server, or the networks connected to any Company server.
- You will not attempt to gain unauthorized access to the Services and/or to any enrollment, resource, computer system, and/or network connected to any Company server.
- You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures the Company may use to prevent or restrict access to the Services or use of the Services or the content therein.
- You will not deep-link to Company’s websites or access Company’s websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of Company’s websites or any content on Company’s websites.
- You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services.
- You will not try to harm other Users or Delivery Partners, the Company or the Services in any way whatsoever.
- You will not engage in threatening, harassing, discriminatory (based on race, gender, age, disability, or any other protected classification) or any other behavior that the Company deems inappropriate when using the Services.
- You will report to the Company any errors, bugs, unauthorized access methodologies or any breach of the Company’s intellectual property rights that you may uncover in your use of the Services.
- You will not attempt to undertake any of the foregoing.
In the event that the Company believes or determines that you have breached any of the above rules, prohibitions and requirements, we reserve the right to suspend and/or permanently deactivate your enrollment and use of the Services at our sole discretion. Your use of the Application is at your own risk. The Company is not responsible or liable for the conduct of, or your interactions with, any Users (whether online or offline) or Delivery Partners (or their drivers) or any related damage or harm. As a provider of a technology platform and applications, the Company is not liable for the content of any Shipments. Although we have no obligation to screen, edit or monitor Shipment orders, we reserve the right, and have the discretion, to screen, edit or remove any Shipment orders at any time, for any reason and without notice.
(d) Registering for an Enrollment. You are required to register or enroll for a password-protected account or enrollment (“Enrollment”) in order to use the Services. To enroll, you must provide accurate, current, and complete information during the Enrollment process and at all other times when you use the Services, and to update the Enrollment information to keep it accurate, current, and complete. You are the sole authorized party with access to any Enrollment you create through the Services. You are solely and fully responsible for all activities that occur under your password or Enrollment. You agree that you shall monitor your Enrollment to prevent use by other persons and in particular by minors, and you will accept full responsibility for any unauthorized use of your password or your Enrollment. You may not authorize others to use your Enrollment status, and you may not assign or otherwise transfer your Enrollment to any other person or entity. Should you suspect that any unauthorized party may be using your password or Enrollment, you will notify Company immediately. Company will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Company or a third party arising from someone else using your Enrollment, regardless of whether you have notified us of such unauthorized use. 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 Enrollment and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Enrollment or use the Services if you have been previously removed by Company, or if you have been previously banned from use of the Services.
- e) Communications between Company and you. By creating an Enrollment with the Company, you electronically agree to accept and receive communications from Company including via email, text message, calls, and push notifications to the mobile device or cellphone number you provide to Company. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Company, its affiliated companies and/or third party contractors, including but not limited to communications concerning Shipment orders placed through your Enrollment with respect to the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your Enrollment. To opt out of receiving promotional text messages from Company, you must notify the Company in writing by emailing the Company at email@example.com with “Stop Promotion Texts” in the subject line, or calling the Company at +1 469-653-0083.
For purposes of clarity, delivery text messages between Users and Delivery Partners (and/or their drivers) are transactional text messages, not promotional text messages.
- f) E-Sign Documents. By creating an Enrollment with the Company, you also consent to the use of an electronic record to document your agreement with Company. You may withdraw your consent to the use of the electronic record by emailing Company at firstname.lastname@example.org with “Revoke Electronic Consent, [City Name]” in the subject line.
To view and retain a copy of these Terms you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Company at email@example.com with contact information and the address for delivery.
- g) Intellectual Property Rights. Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Applications, technology platform, software and the Services. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Applications, technology platform, software and the Services, or any intellectual property rights owned by Company. Company names, Company logos, and the product names associated with the Applications, technology platform, software and the Services are trademarks and/or intellectual property of Company or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Applications, technology platform, software and the Services.
- Company’s Sole Provision of Applications and Technology Platform – Limitation of Liability.
- a) You agree that Company solely provides Applications and a technology platform connecting you, Users and Delivery Partners, with each other. Unless otherwise required by Applicable Law, Users and Delivery Partners are all independent businesses or operations who are electing to enter a third-party contract to use the Services and/or to provide Shipments. You acknowledge and agree that Company does not itself offer delivery services, and has no responsibility or liability for the acts or omissions of any User, Delivery Partner, driver and/or third party. Company is not in the delivery business nor is it a common carrier. Company provides a technology platform facilitating the transmission of orders by Users to Delivery Partners for pickup and delivery of Shipments. Company will not assess or guarantee the suitability, legality or ability of any Delivery Partner. You agree that Company is not responsible for any User’s, Delivery Partner’s, driver’s or third party’s compliance with Applicable Laws or regulations. Company has no responsibility or liability for acts or omissions by any User or Delivery Partner.
- b) The Lalamove App is merely a neutral means of connecting Users with Delivery Partners and/or their drivers. We do not represent or warrant that any User or Delivery Partner and/or driver will meet your expectations or instructions in the performance of any Services. Any dispute that you may have regarding the performance of any Services, including any dispute related to the time, place, and manner of doing so, is between you and the applicable Delivery Partner and/or driver. Company is not responsible for the replacement or repair of any of your personal property that may be damaged by a Delivery Partner and/or drivedriver while performing the Services. Please report any suspected illegal or unethical behavior by a HelperDelivery Partner and/or driver during the performance of any Services to: firstname.lastname@example.org.
- Specific Obligations of Users
In addition to the other Terms herein, the following Terms apply solely to you, if you are a User of the Services:
(a) Users warrant that they are either the owners or the authorized agents of the owners of the goods and materials comprising any requested Shipments, and that the Users are authorized to order that the Shipments be made in accordance with the Users’ instructions. The Users warrant that they have accepted these Terms not only for such Users but (if applicable) also as agents for and on behalf of the owner of the goods and materials comprising Shipments.
(b) Users understand that the Delivery Partners will be directed by your instructions to transport the Shipments to your designated delivery location. You agree that neither the Delivery Partner nor the Company holds title to or acquires any ownership interest in any Shipments that you request to be delivered through the Services.
(c) Users shall give to the Delivery Partners sufficient, accurate and executable instructions or orders. Any extra costs arising from the difference between the Users’ provided information and the actual situation or facts involved shall be borne by the User. Any amendment or change to a User’s instructions or orders (and any pricing or cost changes triggered by such amendment or change) must be approved and updated in the Lalamove Application.
(d) Users warrant that they have complied with all laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the goods and materials comprising Shipments. Users shall not dispatch (and Delivery Partners are entitled to refuse delivery of) any articles that are prohibited by law, dangerous or hazardous materials, perishable substances, and radioactive material. Users are liable for any loss or damages (including physical damages, lost revenues, personal injuries, financial damages or losses, or any other loss or damage) suffered by any third party as a result of a User’s breach of these Terms. Users acknowledge that Delivery Partners and/or their drivers will not open and inspect Shipments nor be responsible for the transportation of special goods. The Company, Delivery Partners, and/or drivers shall bear no responsibility or any legal liability resulting from the transportation of Shipments.
(e) Users shall ensure that Shipments are adequately packed to protect against damage in the course of transmission, and also that no part of any Shipments can be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part.
(f) Users shall ensure that Shipments are properly packaged so as to protect against damage to the Shipments during the course of delivery, and in particular, in the case of a Shipment of a fragile nature, that Shipment shall be packaged in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the Shipment is guarded against damage that may result from any force, pressure or blows to which delivery items are ordinarily subject during the course of delivery and that such fragile Shipments shall bear the word “FRAGILE” prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
(g) Users shall ensure that Shipments are properly packaged so as to protect against damage to the Shipments during the course of delivery, and in particular, in the case of a Shipment which is susceptible to damage by bending, that the Shipment shall be packed in a case or container of sufficient durability and strength to prevent the shipment from being bent or otherwise damaged during the course of delivery and such case or container shall bear the words “DO NOT BEND” prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
(h) Company shall not be responsible to provide a protective service for the transportation of perishable commodities or commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the User’s risk for any damages arising from the transportation.
(i) The User shall provide in respect of each Shipment all necessary information, including without limitation:
1) The User’s name, address (including the postal code) and telephone number;
2) The Recipient’s name, delivery address (including the zip code) and telephone number;
3) Any special precautions to be taken in respect of the Shipment e.g. "FRAGILE",PERISHABLE", "DO NOT BEND" etc.;
4) Any applicable delivery instructions, including whether a signature is required, whether the Shipment can be left unattended, etc.
5) Payment Card details as to where the payment for the Shipments can be billed. (See “Payments” below).
(j) In the event that the Recipient is found to be absent from the address specified by the User, no other person is present to take the Shipment, and no other instructions have been provided by the User, the Delivery Partner will contact the User (at the number provided by User) and attempt to return the Shipment back to the User. In the event the Delivery Partner cannot contact the User, the Delivery Partner will either attempt to redeliver the Shipment to the Recipient, or the User’s items will be delivered to Company’s local office and any charges for additional handling and further Shipment delivery will be borne by the User. Should a redelivery of items be needed, a new delivery order will be placed and billed.
(k) The User accepts that the Delivery Partner cannot allow passengers on board the driver's vehicle as the Services strictly cover only the delivery of Shipments and not any passengers.
(l) For all Shipments arranged through the Lalamove App, Users agree to make all payments to Delivery Partners or their drivers through the Lalamove App and will not pay any Delivery Partners or their drivers in cash or through means other than directly through the Lalamove App.
- Specific Obligations of Delivery Partners (and/or their drivers)
In addition to the other Terms herein, the following Terms apply solely to you, if you are a Delivery Partner (and/or a Delivery Partner’s driver) with respect to the Services:
(a) Delivery Partners (and/or their drivers) shall take all reasonable precaution to prevent unauthorized persons from having access to the Shipment and shall also take all reasonable precaution against loss of or damage to the Shipment.
(b) Delivery Partners (and/or their drivers) shall make reasonable effort to deliver the shipment according to the respective delivery schedules, which are estimates only and not guaranteed.
(c) Delivery Partners (and/or their drivers) shall not be liable for any loss or damage arising from or in connection with:
1) User’s failure to specify any precautions to be taken in respect of a Shipment, as required;
2) The failure of Delivery Partners (and/or their drivers) to perform any of their obligations hereunder as a consequence of circumstances outside their reasonable control;
3) Any acts or omissions of any party other than the Delivery Partners (and/or their drivers).
(d) The Services solely cover Shipments of goods and materials. Delivery Partners (and/or their drivers) are not permitted to carry passengers as part of the Services.
(e) For all Shipments arranged through the Lalamove App, Delivery Partners (and/or their drivers) are not permitted to change, amend or extend Shipment terms, including pricing quotations, outside of the Lalamove App.
(a) Users must provide valid and accurate payment card information with enrolling for the Services to order a Shipment. Users are responsible for paying the applicable standard charges and additional charges for any completed Shipments. Once a User submits an order, the Company will charge the payment card account that User has provided in an amount equal to 100% of the applicable standard charges and additional charges. In the event that a User is not matched with a Delivery Partner, the Company will issue a full refund of any amount charged.
(b) Standard charges. Standard charges for an order comprise of the standard transport fee and any additional charges. Standard transport fee includes the transportation of the Shipment within the specific dimension and quantity to the recipient, as displayed on the Lalamove App.
(c) Additional charges. In addition to the Standard Charges, Company willmay charge Users for the following additional charges:
1) Waiting time charges: In the event that a User is late for pickup/drop off, with a grace period of 10 minutes (which applies once the Delivery Partner and/or driver has reached the pickup/drop-off location)
2) Oversized item charge: If the Shipment exceeds maximum weight, size, or quantity specified, the Company can attempt to accommodate the Shipment for an additional fee, or reserves the right to cancel the Shipment.
3) Wrong address charge: In the event User provides the wrong address for the recipient, the User will be charged the price of an additional trip from the original recipient address to the new address or the current price whichever is higher. The price will be according to the standard transportation fee as provided in the Lalamove App.
4) Return trip charge: Return trip is for the instance in which a Delivery Partner and/or driver is requested to return a signed purchase order/receipt/ or other document to the point of origination. The price will be as set forth in the Lalamove App.
5) Additional stop charge: Additional stops are charged depending on the vehicle requested to perform the job. Orders with multiple stops will incur an additional charge per stop as set forth in the Lalamove App.
6) Delivery Partner and/or driver additional help: Standard Delivery Charges do not include heavy lifting; if a User requires heavy lifting additional charges will apply, as set forth in the Lalamove App.
7) Local transportation tolls and fees: Standard delivery charges do not include tolls, charges for “central business district” fees, bridges, tunnels or other government assessed fees.
8) Late night surcharge: Deliveries between 8:00 pm – 8:00 am local time are subject to a late night surcharge as set forth in the Lalamove App.
9) Cancellation charges: Scheduled Shipment orders may be cancelled up to two (2) hours before the scheduled pick up of a Shipment Order without penalty. Immediate Shipment Orders can be cancelled without penalty at any time before being matched with a Delivery Partner or driver. But a cancellation fee may be charged if a User cancels (i) after being matched to the driver for immediate orders; or (ii) less than 2 hours from a scheduled delivery. The cancellation charges will be as set forth in the Lalamove App.
10) Public holiday surcharge: Deliveries made on “public holidays” (which have been recognized by the federal government or the arestates) are subject to a public holiday surcharge as set forth in the Lalamove App.
(d) Prices of Standard charges and additional fees. You understand that: (1) the prices displayed on the Lalamove App as standard charges and additional fees for each Shipment are final prices based on the information that Users input into the Lalamove App; (2) the Company has no obligation to itemize its costs, profits or margins when providing its prices for Shipments; and (3) the Company reserves the right to change its prices charged at any time, at its discretion. Users are also responsible for all transaction taxes on the Services provided under these Terms (other than taxes based on Company’s income).
(e) Payment for standard charges and additional fees. User’s enrollment includes User’s designated payment card details. User agrees that all standard charges, additional fees and applicable taxes shall be charged to Users designated payment card. User’s payment will be processed by Company’s payment processor, using the preferred payment method designated in the User’s Enrollment.
(f) No Refunds. Charges paid by you for completed and delivered Shipments are final and non-refundable, subject to applicable law. The Company has no obligation to provide refunds or credits, but may grant them, in each case in the Company’s sole discretion.
(g) Promotional Offers and Credits. Company, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to these Terms and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (1) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (2) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Company; (3) are subject to the specific terms that Company establishes for such promotional offer; (4) cannot be redeemed for cash or cash equivalent; and (5) are not valid for use after the date indicated in the promotional offer. Company reserves the right to withhold or deduct credits or benefits obtained through a promotional offer in the event that Company determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. Company reserves the right to modify or cancel an offer at any time. Company may also offer gratuitous credits to Users, which can be used for the Services. Any credit issued by Company is valid for 6 months from the date of issue except to the extent prohibited under applicable law and may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your Enrollment. Expired credits are no longer redeemable and cannot be used towards any Shipment order.
- 10. Contact Us – Questions, Claims or Complaints.
- a) You must notify the Company’s customer service department at email@example.com if you have any questions about the Terms, or regarding any disputes, refunds, cancellation or requested changes. We may ask you to put your question, claim or complaint in writing.
- b) Any claim or complaint that is not resolved through the Company’s customer service department will be handled in accordance with the Dispute Resolution procedures set forth in Section 11, below.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND REMEDIES, AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND COMPANY ARE RESOLVED.
Applicable Law: Except to the extent inconsistent with or preempted by federal law, these Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. You and Company agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
Prohibition of Class and Representative Actions: YOU AND COMPANY (AND PARENT) AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Agreement to Arbitrate: You and Company agree that any dispute between you and the Company (including its parent, subsidiary, affiliate, and/or employee) and/or its parent arising from or relating to yourDelivery Partner’s and Company’s relationship, Delivery Partner’s use of the Services, these Terms and their Lalamove App, provision of delivery services, or any other matter or conflict reflected in these Terms, your use of the Service including, but not limited claims regardings, these Terms and their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of these Terms (collectively, “Covered Disputes”) will be settled by exclusively through final and binding arbitration administered and conducted by the American Arbitration Association (“AAA”) in accordance with its rules (including its rules and procedures for consumer-related disputes) in effect on the date thereof (“AAA Rules”) as modified by the Terms.
Arbitration Procedures: Prior to initiating any legal action, the initiating party will give the other party at least 60 days’ advanced written notice. Company will provide such notice by email to the email address associated with your Account and you must provide such notice to Company by email at firstname.lastname@example.org. If, after the 60-day notice period ends, either you or Company decide to initiate arbitration, the initiating party must provide the other party with a Demand for Arbitration as specified in the AAA Rules.
The AAA’s Rules govern all filing, administration and arbitrator fees. If, however, you are able to demonstrate that the costs of arbitration are prohibitive for you as compared to the costs of litigation, Company will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines that any claim you assert in the arbitration is frivolous or brought for an improper purpose, you agree to reimburse Company for all fees associated with the arbitration that Company paid on your behalf which you otherwise would be obligated to pay under the AAA Rules.
An arbitrator will be selected in accordance with the AAA Rules. The arbitration shall be conducted in the English language. Any arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submission, which election shall be binding on you and Company subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances so warrant. In cases where an in-person hearing is held, you or Company may attend by telephone, unless the arbitrator requires otherwise.
Subject to the limitations of liability contained in these Terms, the arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
If any provision of the agreement to arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will a class, representative or private attorney general arbitration be permitted). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions are subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
Opt-Out Procedures: You may choose to opt-out of these arbitration provisions by sending a written notice (“Opt-Out Notice”) within 30 days after the date you accept the Terms for the first time. You may send your Opt-Out Notice by mail or hand delivery to 3400 N Central Expy Ste #110, Richardson, TX 75080
or by email from the email address associated with your Account to email@example.com
(with “Opt-Out of Agreement to Arbitrate
” in the subject line). Your Opt-Out Notice must include your full name and clearly indicate your intent to opt-out of the arbitration provisions.
Amendments: If Company amends these arbitration provisions after the date on which you first agreed to these Terms, you may reject the changes to the arbitration provisions by sending a written notice (“Rejection Notice”) within 30 days after the Effective Date of the Terms containing the changes. You may send your Rejection Notice by mail or hand delivery to 3400 N Central Expy Ste #110, Richardson, TX 75080
or by email from the email address associated with your Account to firstname.lastname@example.org
(with “Rejection of Agreement to Arbitrate
” in the subject line). Your Rejection Notice must include your full name and clearly indicate your intent to reject changes to the arbitration provisions. After your rejection of changes is effective, you will resolve any Covered Dispute in accordance with the provisions of the arbitration provisions in effect when you first accepted these Terms.
Judicial Forum for Disputes: In the event that the arbitration provisions described above are found not to apply to you or to a particular dispute or claim, either as a result of your decision to opt out of these provisions or as a result of a decision by the arbitrator or a court order, you and Company agree that any dispute or claim that has arisen or may arise between you and Company must be resolved exclusively in the state or federal courts of the State of Delaware. You and Company agree to submit to the personal jurisdiction of the state or federal courts of the Commonwealth of Massachusetts for purposes of litigating all such disputes or claims.
Disputes Outside the United States: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Company under the laws of any jurisdiction outside the United States are hereby waived, including any claim or action under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this agreement to arbitrate. THIS PROVISION DOES NOT APPLY IF YOU ARE A CONSUMER RESIDING IN A JURISDICTION THAT REQUIRES US TO USE A LEGALLY COMPETENT COURT OF THE JURISDICTION IN WHICH YOU RESIDE.
- Limitation of Liability
- a) EXCEPT AS REQUIRED OTHERWISE OF COMPANY BY APPLICABLE LAW, THE COMPANY’S APPLICATIONS AND TECHNOLOGY PLATFORM AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE COMPANY PLATFORM AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY PLATFORM (INCLUDING REQUESTS) AND THE SERVICES PERFORMED BY DRIVERS OR THIRD PARTIES. IN PARTICULAR COMPANY MAKES NOT WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY THIRD PARTIES, INCLUDING THIRD PARTY WEBSITES AND MARKETING ACTIVITIES. ANY WEBSITE CLICKS OR USE OF THIRD PARTY WEBSITES, ADVERTISEMENTS OR LANDING PAGES BY USERS, DELIVERY PARTNERS OR DRIVERS ARE SOLELY AT SUCH USERS, DELIVERY PARTNER’S OR DRIVER’S RISK.
- b) TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE COMPANY’S TECHNOLOGY PLATFORM (INCLUDING THE APP AND ANY ENROLLMENT, ORDER OR SHIPMENT), SERVICES PERFORMED BY DELIVERY PARTNERS AND/OR THEIR DRIVERS, OR SERVICES PROVIDED BY THIRD PARTIES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT [INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED], PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT ALWAYS APPLY.
- c) FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF COMPANY AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED $200.
- d) You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Company would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
California Residents: BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 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 OR HER SETTLEMENT WITH THE DEBTOR.”
You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the Lalamove App, technology platform and/or Services, or your violation (or alleged violation) of these Terms or your violation (or alleged violation) of the rights of any third party by you.
- Termination or Suspension of Services
- a) You may stop using the Services at any time. We also may stop providing the Services at any time, or create limits on use of the Services, whether specifically to you or generally. These Terms automatically terminate when you fail to comply, or if we reasonably believe that you have not complied, with any term or condition contained in them. For example, your access to the Services may be denied without notice if we believe that you are under age 18. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination, including, but not limited to, “Limitation of Liability,” “Indemnification,” and “Dispute Resolution.”
- b) Company reserves the right to suspend, restrict or terminate any User’s or Delivery Partner’s (and/or driver’s) access to the Lalamove App and the Services at any time without advance notice or liability if the Company has reasonable grounds to believe that the User or Delivery Partner (and/or driver) has breached any of these terms or in Company’s reasonable opinion, the User or Delivery Partner (and/or driver) has misused Lalamove App or the Services. This shall not limit Company’s right to take any other action that the Company considers appropriate to defend its rights or those of any other person.
- a) No Joint Venture or Partnership.No joint venture, partnership, employment, or agency relationship exists between you, Company or any third party provider as a result of these Terms or use of the Lalamove App, Delivery Partner Enrollment App or Services.
- b) Unless otherwise required by Applicable Law, you agree that there is no employment relationship whatsoever between you and the Company. Users and Delivery Partners are all independent businesses or operations who are electing to enter a third-party contract to use the Services and/or to provide Shipments. Delivery Partners and their Drivers set their own hours, decide which Shipments to accept, and operate as independent business persons.
- c) Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- d) Accessing and Downloading the Lalamove Application or the Delivery Partner Enrollment Application from iTunes.The following applies to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):
(1) You acknowledge and agree that (i) the Agreement is 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.
(2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(3) 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, if any, for the App Store Sourced Application to you and to the fullest extent permitted by 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
- e) Force Majeure. No party hereto shall have any liability under this Agreement for such party’s failure or delay in performing any of the obligations imposed by this Agreement to the extent such failure or delay is the result of any of the following events (each, a “Force Majeure Event”): (i) any fire, explosion, unusually severe weather, natural disaster or Act of God; (ii) any epidemic or pandemic; (iii) any nuclear, biological, chemical, or similar attack; (iv) any other public health or safety emergency; (v) any act of terrorism; (vi) any act of declared or undeclared war or of a public enemy, or any riot or insurrection; (vii) any damage to machinery or equipment; (viii) any disruption in transportation, communications, electric power or other utilities, or other vital infrastructure; (ix) any disruption or damage to the internet or other computer networks or facilities; (x) any strike, lockout or other labor dispute or action; (xi) any action taken in response to any of the foregoing events by any civil or military authority; or (xii) any other event beyond such party’s control, provided that financial inability in and of itself shall not be a Force Majeure Event.
- f) Where Company requires that you provide an email address or other contact information, you are responsible for providing Company with your most current email address and contact information. In the event that the last email address or other contact information you provided to Company is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, Company’s dispatch of the email or communication containing such notice will nonetheless constitute effective notice. You may give notice to Company through your Enrollment of changes to your email address or other contact information. Such notice shall be deemed given on the next business day after such email is actually received by Company.
- g) Transfer and Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.