Terms and Conditions Agreement

Effective: April 30th , 2020

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND WE DELIVER A-Z L.L.C , A OHIO L.L.C.-D.B.A DELIVERZE (“DELIVERZE,” “WE,” “US,” OR “OUR”).

  1. Acceptance of this Agreement

    The Company provides an online marketplace connection, using web-based technology that connects You and other consumers, restaurants and/or other businesses and independent delivery contractors (“Contractors”). The Company’s software permits consumers to place orders for food and/or other goods from various restaurants and businesses. Once such orders are made, the Company’s software notifies Contractors that a delivery opportunity is available and the software facilitates completion of the delivery to the consumer. The Company is not a restaurant, delivery service, or food preparation business.

    If you access the website located at https://deliverze.com install or use Deliverze’s mobile application, install or use any other software supplied by Deliverze, or access any information, function, or service available or enabled by Deliverze (each, a “Service” and collectively, the “Services”), or complete the Deliverze account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:

    1. you have read, understand, and agree to be bound by this Agreement;
    2. you are of legal age in the jurisdiction in which you reside to form a binding contract with Deliverze (the “Minimum Age”); and
    3. you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

    The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use Deliverze’s Services.

  2. Modifications

    Subject to Section 12(h) of this Agreement, Deliverze reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

  3. Additional Terms and Policies

    By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Deliverze’s Privacy policy, which is incorporated in this Agreement by reference. Certain features of our Services may be subject to additional terms and conditions, which are incorporated herein by reference.

  4. Rules and Prohibitions

    By using the Services, you agree that:

    1. You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, Deliverze employees, or our community.
    2. 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.
    3. You will only access the Services using means explicitly authorized by Deliverze.
    4. You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
    5. You will not use the Services to cause nuisance, annoyance or inconvenience.
    6. You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, user or Contractor, unless Deliverze has given you prior permission to do so in writing.
    7. You will not copy or distribute the Software or any content displayed through the Services, including Merchants’ menu content and reviews, for republication in any format or media.
    8. You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.
    9. The information you provide to us when you register an account 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.
    10. You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
    11. You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Services to a third party.
    12. You will not use the Services in any way that could damage, disable, overburden or impair any Deliverze server, or the networks connected to any Deliverze server.
    13. You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any Deliverze server.
    14. You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Deliverze may use to prevent or restrict access to the Services or use of the Services or the content therein.
    15. You will not deep-link to the Deliverze website or access the Deliverze website 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 the Deliverze website or any content on the Deliverze website.
    16. You will not conduct any systematic retrieval of data or other content from the Services.
    17. You will not conduct any systematic retrieval of data or other content from the Services.
    18. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
    19. You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first time users.
    20. You will not attempt to undertake any of the foregoing.
  5. You will not attempt to undertake any of the foregoing.

    You understand and agree that Deliverze provides a technology platform connecting you with independent food service providers and others that provide the products offered through the Services (“Merchants”), and independent third-party contractors who provide delivery services (“Contractors”). You acknowledge and agree that Deliverze does not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Deliverze is not the retailer of any products offered by Merchants, nor is it in the delivery business or a common carrier. Deliverze provides a technology platform facilitating the transmission of orders by Users to Merchants for pickup or delivery by Contractors. Deliverze will not assess or guarantee the suitability, legality or ability of any Contractor or Merchant. You agree that Deliverze is not responsible for the Merchants’ food preparation or the safety of the food, and does not verify Merchants’ compliance with applicable laws or regulations. Deliverze has no responsibility or liability for acts or omissions by any Merchant or Contractor.

    You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that the Contractor will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor Deliverze holds title to or acquires any ownership interest in any goods that you order through the Services.

  6. User Account

    You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify Deliverze immediately. Deliverze will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Deliverze or a third party arising from someone else using your account, 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 Deliverze has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Deliverze has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by Deliverze, or if you have been previously banned from use of the Services.

  7. User Content
    1. User Content. Deliverze may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant Deliverze a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with Deliverze business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant Deliverze a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to Deliverze herein shall survive termination of the Services or your account. Deliverze reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that Deliverze may monitor and/or delete your User Content (but does not assume the obligation) for any reason in Deliverze’s sole discretion. Deliverze may also access, read, preserve, and disclose any information as Deliverze reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Deliverze, its users and the public.
    2. Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Deliverze through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Deliverze has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Deliverze a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
    3. Ratings and Reviews. To the extent that you are asked to rate and post reviews of Merchants or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Deliverze and do not represent the views of Deliverze or its affiliates. Deliverze shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Merchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.
  8. Communications with Deliverze

    By creating a Deliverze account, you electronically agree to accept and receive communications from Deliverze, Contractors, or third parties providing services to Deliverze including via email, text message, calls, and push notifications to the cellular telephone number you provided to Deliverze. 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 Deliverze, its affiliated companies and/or Contractor, including but not limited to communications concerning orders placed through your account on 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 account. You may also opt-out of receiving text messages from Deliverze by replying “STOP” from the mobile device receiving the messages.

  9. E-SIGN Disclosure

    By creating a Deliverze account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Deliverze at privacy@deliverze.com “Revoke Electronic Consent” in the subject line.

    To view and retain a copy of this disclosure, 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 Deliverze at privacy@deliverze.com with contact information and the address for delivery.

  10. Intellectual Property Ownership

    Deliverze alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services, or any intellectual property rights owned by Deliverze. Deliverze name, Deliverze logo, and the product names associated with the Software and Services are trademarks of Deliverze 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 Software or the Services.

  11. Payment Terms
    1. )Prices. You understand that: (a) the prices for menu items displayed through the Services may differ from the prices offered or published by Merchants for the same menu items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu items are sold; (b) Deliverze has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) Deliverze reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on Deliverze’s income). Payment will be processed by Deliverze, using the preferred payment method designated in your account.
    2. No Refunds. Charges paid by you for completed and delivered orders are final and non-refundable. Deliverze has no obligation to provide refunds or credits, but may grant them, in each case in Deliverze’s sole discretion.
    3. )Promotional Offers and Credits. Deliverze, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Deliverze; (iii) are subject to the specific terms that Deliverze establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer or in Deliverze’s Terms and Conditions for Promotional Offers and Credits. Deliverze reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Deliverze 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 this Agreement. Deliverze reserves the right to modify or cancel an offer at any time. Deliverze’s Terms and Conditions for Promotional Offers and Credits and which is incorporated in this Agreement by reference) apply to all promotional offers. Deliverze may also offer gratuitous credits, which can be used for the Services. Any credit issued by Deliverze 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 account. Expired credits are no longer redeemable and cannot be used towards any order.
    4. Fees for Services. Deliverze may change the fees for our Services as we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, and Surge Fees.
  12. Third-Party Interactions.
    1. Third-Party Websites, Applications and Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, Deliverze will not warn you that you have left Deliverze’s Website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of Deliverze. Deliverze is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. Deliverze does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
    2. App Stores.You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores ( “App Store”). You acknowledge and agree that this Agreement is between you and Deliverze and not with the App Store. Deliverze, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, 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 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 the Application or the Services. You agree to comply with, and your license to use the 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 the Application. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.
  13. Social Media Guidelines.

    Deliverze maintains certain social media pages for the benefit of the Deliverze community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our Social Media Community Guidelines

  14. Transactions Involving Alcohol and Smoke products

    You may have the option to request delivery of alcohol or Smoke products in some locations and from certain Merchants. If you receive your delivery in the United States, you agree that you will only order alcohol or Smoke products if you are 21 years of age or older. If you receive your delivery in another country, you agree that you will only order alcohol or smoke products if you are of legal age to purchase alcohol or Smoke products in the relevant jurisdiction. You also agree that, upon delivery of alcohol or Smoke products, you will provide valid government-issued identification proving your age to the Contractor delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. If you order alcohol or smoke products, you understand and acknowledge that neither Deliverze nor the Contractor can accept your order of alcohol or smoke products, and the order will only be delivered if the Merchant accepts your order. The Contractor reserves the right to refuse delivery if you are not 21 years of older, if you cannot provide a valid government issued ID, if the name on your ID does not match the name on your order, or you are visibly intoxicated. If the Contractor is unable to complete the delivery of alcohol or smoke products for one or more of these reasons, you are subject to a non-refundable $20 re-stocking fee.

  15. Indemnification

    You agree to indemnify and hold harmless Deliverze and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software or Services; (c) your breach of this Agreement or any representation, warranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. Deliverze 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 Deliverze in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.

  16. Disclaimer of Warranties

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DELIVERZE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.

    DELIVERZE DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DELIVERZE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

  17. Internet Delays

    The Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in DELIVERZE’s privacy policy or as otherwise required by applicable law, Deliverze is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.

  18. Breach And Limitation of Liability
    1. General. You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient, and to provide the Software and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 19 to keep the Software and Services simple and efficient, and costs low, for all users.
    2. Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW DELIVERZE’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO DELIVERZE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
    3. Disclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW DELIVERZE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY DELIVERZE’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY.
  19. Exclusive Venue

    To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Deliverze agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Franklin County if you are a Ohio citizen or resident, and in the United States District Court for the District in which you reside if you are not a Ohio citizen or resident.

  20. Termination

    If you violate this Agreement, Deliverze may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.

    In addition, at its sole discretion, Deliverze may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, Deliverze reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

  21. Procedure for Making Claims of Copyright Infringement.

    It is DELIVERZE’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Deliverze by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for DELIVERZE’s Copyright Agent for notice of claims of copyright infringement is as follows: General Counsel, We Deliver A-Z L.L.C. ,1281 morse rd,Columbus, OH,43224 .

  22. General
    1. No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Deliverze or any third party provider as a result of this Agreement or use of the Software or Services.
    2. Choice of Law. This Agreement is governed by the laws of the State of OHIO consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
    3. Severability. 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.
    4. Accessing and Downloading the 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 Deliverze only, and not Apple, and (ii) Deliverze, 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 Deliverze 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 Deliverze.(4) You and Deliverze acknowledge that, as between Deliverze 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 Deliverze 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 Deliverze and Apple, Deliverze, 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 Deliverze 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.
    5. Notice. Where Deliverze requires that you provide an e-mail address, you are responsible for providing Deliverze with your most current e-mail address. In the event that the last e-mail address you provided to Deliverze is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, DELIVERZE’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
    6. Electronic Communications. For contractual purposes, you (1) consent to receive communications from Deliverze in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Deliverze provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.
    7. Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Deliverze 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.
    8. 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. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Deliverze relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.
  23. Terms And Conditions For Promotional Offers And Credits

    English

    The Deliverze Terms and Conditions and Privacy Policy apply for all promotions, credits, and use of the Deliverze app. In addition, the Terms and Conditions listed below apply to each promotion and/or credit as indicated.

    General Terms:

    To qualify for and receive any promotion and/or credit (collectively “Offer(s)”), customer must meet the requirements indicated, as applicable, in the Offer, in the user’s Deliverze account, and those listed below. Customers must have a valid Deliverze account with a valid form of accepted payment on file to take advantage of an Offer. Offer must be used when placing an order, but the Offer may not be applied if all conditions are not met after fulfillment of any order applying the Offer. Offers can only be redeemed for Deliverze orders on the Deliverze app with the latest version, and within Deliverze service areas and service hours. For Offers available only to new customers or new subscribers, as applicable, customers will be disqualified and will not be entitled to receive the Offer if Deliverze has a record of their name, email, phone number, or credit card having being used for a prior Deliverze order or being linked to an existing active or inactive Deliverze account. All deliveries are subject to availability. Customers must be 21 or older to order Vapes Products. Offers cannot be redeemed for cash or cash equivalent. Offers are not transferable and may not be auctioned, traded, copied, transferred, bartered, modified or sold. Offers cannot be applied retroactively for prior purchases. Offers cannot be combined unless otherwise indicated. Deliverze is not a retailer or seller. Terms are subject to change by Deliverze at any time. Deliverze reserves the right to modify or cancel an Offer at any time. Void where restricted or prohibited by law. Deliverze’s computer is the official date/time keeping device for all Offers. The Offer-redeeming user is responsible for paying any applicable sales tax related to the use of an Offer; Deliverze has no obligation for payment of any tax in conjunction with the distribution or use of any Offer.

    Use of Promotional Code(s) Terms and Conditions:

    Deliverze’s General Terms apply. Promotional codes (“promo codes”) will expire on the date indicated in the communication to the customer with the promo code; if no date is specified, the promo code will expire (a) for promo codes contained in mail or email, 30 days after the date the mail or email was sent and (b) for promo codes published in any form (including online), 30 days after the date on which it was last displayed to consumers. To use the promo code and apply it to an order, customer should follow the instructions in the Offer. Promo codes for credits cannot be applied towards taxes or fees other than delivery fees (including but not limited to service fees, small order fees, and surge fees). Promo codes may be limited to a one-time use as indicated in the offer. One-time-use offers apply to charges associated with an order from a single merchant location only. Promo codes cannot be applied to the Vaping products. Unless otherwise indicated in offer, all promo codes are limited to one per person.

    Discounted Subtotal on Delivery or Pickup Order Terms:

    Deliverze’s General Terms and Use of Promotional Code(s) Terms apply. Fees (including but not limited to delivery fees, service fees, small order fees, and surge fees), taxes, and gratuity may still apply. Pickup discount codes are applicable only for pickup orders; pickup only available at participating merchants. Delivery discount codes are applicable only to delivery orders.

    Use of Deliverze Credits Terms and Conditions (“Credit Terms”):

    Deliverze’s General Terms apply. Credit expires 6 months from the date of issue. Deliverze credits can only be redeemed for Deliverze orders on Deliverze.com or on the Deliverze app with the latest version, and within Deliverze service areas and service hours.. Credits are applied toward order subtotals (excluding gratuity). Credits may not be applied with any other Offer.

  24. Contact Information

    Deliverze welcomes your questions or comments regarding the Terms:

    WE DELIVER A-Z L.L.C -DBA DELIVERZE.

    1281 morse rd. ,Columbus, OH 43224