These Terms and Conditions (“T&C“) set forth the terms and conditions Dropmi, Inc. (“Dropmi” or “Dropmi, Inc.“) requires you to abide by if you want to use or receive any services supplied by Dropmi (collectively, “Services“), or download, install or use any associated application which purpose is to enable you to use the Services (collectively, “Applications“). The terms and conditions stated or referenced herein constitute a legal agreement between you and Dropmi, Inc. By using or receiving any Services, or downloading, installing or using any Applications, you hereby expressly acknowledge and agree to be bound by the terms and conditions contained herein, and any future amendments and additions to these T&C as published from time to time at on our website dropmi.com or through our Services. Upon such using or receiving our Services or Applications you become a “User” of Dropmi’s Services and Applications. Dropmi, Inc. reserves the right to modify the terms and conditions of these T&C or any of its policies relating to our Services or Applications at any time, effective upon posting of an updated version of the T&C on our website dropmi.com, the Services or Applications. You are responsible for regularly reviewing these places for any updates to the T&C. Continued use of our Services or Applications after any updates shall constitute your consent to such all changes to the T&C contained in such update.
Dropmi is a package delivery marketplace where Dropmi connects users who have packages to send with other users who are willing to deliver the packages for a fee that they both agree upon. Dropmi is only a matching service and not a delivery transport solution.
Capitalized words in this Agreement shall have the meaning set out below:
Agreement shall mean this document and any documents it refers to.
Parties shall mean the User and Dropmi.
Service shall mean the service of matching and facilitating contact between Users of Dropmi via the web, mobile app, or any other means.
Users shall mean all users of the Service, including Shippers, Carriers and Recipients.
Shippers shall mean Users who have Packages to ship, and who enter into a contract with a Carrier to transport these Packages.
Carriers shall mean Users who enter into a contract with a Shipper to transport a Package from and to agreed locations and by the agreed means of transport.
Recipients shall mean Users who will receive the transported Package.
Packages shall mean the items that are transported by the Carriers.
Usage Rules shall mean the recommended rules between Users and Service.
Website shall mean the website on which the Service is provided.
By entering into this Agreement, the User obtains access to the Service as it is offered from Dropmi. Dropmi is free to add, remove or change features or functionality of the Service. Dropmi will make reasonable efforts to inform you of such changes by making available such information on the website or otherwise.
Dropmi matches Shippers with a need to have a Package transported with Carriers willing to do the transportation with Recipients who will be receiving the Package. All registered Users can act as Shippers, Carriers and Receivers. The Service provides the ability to match all these parties. After matching, Users finalize transportation arrangements directly. Dropmi provides Usage Rules which contains recommended terms and conditions between the parties.
Users enter into a direct agreement with each other and Dropmi is not a contractual party to such agreement entered into between Users. Dropmi merely supplies the medium for Users to connect with each other and to facilitate payments for Services and other added-value services rendered between Users.
While Dropmi requests information to identify registered Users, the Service is dependent on the Users providing correct information. Consequently, Dropmi does not take any responsibility for the actions or omissions of any Users connecting via the Service and neither does Dropmi assume any responsibility for the accuracy or reliability of User information or any other information on the Service.
As a User of the Service you agree to receive communications from Dropmi. This communication is related to you being a user of the Dropmi Service, and might happen through e-mail, phone, SMS, in app push messages or any other means. The content of this communication might be service messages, status messages related to tasks, matching messages and newsletters from Dropmi. Some system critical messages cannot be turned off.
The User can be a natural or a legal person (including a company). All Users are required to register a profile in order to use the Service. Dropmi uses the information you provide to facilitate the contact between different Users of the Service.
When you register as a User, Dropmi might need the following information:
- Credit card information
- Debit card information
- Bank Account number
- Facebook, Twitter, profile information (and such mediums)
- Picture of the User
- Other information about the User that will contribute to the verification process.
The information is used to establish contact between Users, manage the Agreement and to take reasonable measures to verify the identity of Users. In addition, you may need to provide further information in connection with each individual transaction.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, Dropmi cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of Users’ purported identities or the validity of the information which they post on our site.
To be able to use Dropmi’s Services the User must register an account prior to using any of the Services. The User warrants and represents that all of the data provided by the User for registration is true, accurate and complete. The User shall report any changes in the registration data to Dropmi without undue delay. Failure to adhere to said condition is a fundamental breach of this Agreement.
The following usage rules shall apply for your use of the Service:
- The Service Fee is an integral part of Dropmi’s service. It must be paid regardless of whether the transaction is completed within the Dropmi system or not. Any attempt to circumvent said fee is a breach of this Agreement. Dropmi reserves the right to recover the service fee and pursue damages from those parties that attempt to circumvent the Service and notify the appropriate legal authorities.
- The User shall provide only accurate, true and non-misleading statements in the User profile. It is the User’s responsibility to keep the information accurate and updated.
- The User shall comply with all applicable legislation and respect all third party rights. In particular, the User shall not use the Service to transport any prohibited goods or use the Service to violate any applicable laws.
- The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of the Agreement by contacting Dropmi.
- The Shipper is responsible for the accurate description of goods to be transported using the Service. Where the Shipper inaccurately describes the description of the goods to be transported, there may be legal implications for the Shipper misrepresenting the goods to be transported.
- When transporting animals, i.e. pets or livestock, the Carrier is responsible to adhere to all laws governing said transport, including having the proper licenses & permits. Notwithstanding said laws, the Carrier warrants that they will take every possible precaution to safeguard the wellbeing of animals during transport and that it has the expertise and ability to carry out such a delivery.
- The Users are solely responsible for customs, legal and/or financial issues related to the transport of Packages, including but not limited to issues arising out of cross border transports.
- If the User is aware that any unauthorized use of their authentication credentials and/or violations of their confidentiality, the User undertakes to promptly communicate it to Dropmi.
- When posting a Package to the Service, the Shipper warrants that said request is real and valid. Should circumstances change, the Shipper is responsible for removing said request (Delete the Package).
- When the Carrier arrives to pick up the Package, the Shipper is responsible to meet the Carrier outside of the Shipper’s premises at the agreed upon Package pick up location, preferably by showing up to the Carrier’s car or any other method of transport or any other method of transport the Carrier is using.
- When the Carrier arrives to deliver the Package, the Recipient is responsible to meet the Carrier outside of the Recipient’s premises at the agreed upon Package delivery location, preferably by showing up to the Carrier’s car or any other method of transport the Carrier is using.
Dropmi, Inc. does not conduct any background checks or screening processes either before a User can register for our Services or during use of our Services. We do not investigate or verify any User’s reputation, conduct, morality, criminal background, or any information Users may submit to us.
Notwithstanding the above, Dropmi, Inc. reserves the right to begin conducting such checks and screening of Users at any time as it deems appropriate in its sole discretion, including but not limited to verification of identities, criminal and other background checks (at the Country, State and local level as we deem necessary or appropriate). Dropmi, Inc. also reserves all rights to use such third party services to run such checks and processes as we deem appropriate in our sole discretion. By registering and using the Services or the Applications, each User consents to Dropmi, Inc. conducting one or multiple screening process(es) and/or background check(s) on such User or other Users that Dropmi, Inc. deems advisable or necessary, and as otherwise may be required for compliance with federal and state laws and the Fair Credit Reporting Act.
If Dropmi, Inc. conducts background checks or screening processes on its Users, Dropmi, Inc.’s performance of the checks shall not be taken as confirmation that any User is who they claim to be. Dropmi has no responsibility for the accuracy or reliability of the identity or background check information or any information regarding a User provided through our Services or Applications.
Any screening process is not a substitute for your good judgment when interacting with other Users. At all times during the use of our Services and Applications you must exercise caution and use your common sense.
Prices and Payment
The price consists of several elements, (i) the price for the transport service which is solely subject to agreement between the Shipper and Carrier, (ii) the price for the Service provided by Dropmi (the “Service Fee”) and, (iii) price of other premium services that Dropmi may add from time to time.
The price for the service offered by the Carrier is agreed by the Shipper and shall be as set out in the agreement between the Users. The Shipper will confirm any changes to the price if such a price is changed from the original price.
The Service Fee includes taxes (when applicable), and is based on the price of transport cost as agreed between the Users. It may change from time to time, depending on the delivery type, distance, speed or for any other reason, at the sole discretion of Dropmi. Such fee will always be communicated by Dropmi to the Users.
Shippers may pay the agreed price for the transport service by using a credit card or via any other method authorized by Dropmi.
Shippers shall pay the Service Fee directly to Dropmi by using a credit card immediately following the completed transport, and the Shipper hereby consents to Dropmi charging the Service Fee from the credit card provided upon registration. Dropmi reserves the right to charge its Service Fee and the Carrier payment upon successfully matching Shipper and Carrier, or hold said amount on the Shipper Credit Card prior to completed delivery.
Where a Shipper fails to pay the Service Fee due, after a period of 10 days, an administration charge of $20 shall be added to the amount due to Dropmi and Dropmi reserves the right to collect payment through court proceedings. If a Shipper wishes to use the Service where any fees are outstanding from earlier transactions, those fees must be cleared in full by the Shipper first before they may use the Service again.
Payment processing services for Shippers and Carriers on Dropmi are provided by Stripe‚ and will be subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Shipper or Carrier on Dropmi, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Dropmi enabling payment processing services through Stripe, you agree to provide Dropmi accurate and complete information about you and your business (if relevant), and you authorize Dropmi to share it and transaction information related to your use of the payment processing services provided by Stripe.
As part of the service, Dropmi may process payment from Shipper to Carrier. Dropmi is only able to transfer the Carrier payment if it is has successfully collected it from Shipper. Failure to collect said fee, for any reason whatsoever, will result in Carrier not receiving the Fee. Upon a successful collection of the Carrier Payment, Dropmi will make reasonable efforts to transfer the payment within a reasonable timeframe. Subject to receipt of payment from the Shipper, and no other issues arising, Dropmi aims to make payment to the Carrier within 7 working days.
Dropmi will not transfer the payment should a dispute arise between the Users and/or if there is a claim for damage or theft by Shipper. Furthermore, Dropmi reserves the right to recover any Carrier payments and Carrier agrees to return any payment received if Dropmi, at its sole discretion, finds that Carrier was responsible for any damage or theft.
Packaging and Open Box Policy
Dropmi encourages the use of minimal packaging both to help our environment and so that Carriers know what they are transporting. When packaging is required or desired, Dropmi strongly encourages both Shippers and Carriers to always use an Open Box Policy.
Dropmi’s Open Box Policy means Shippers should always leave packaging open so that a Carrier may inspect the contents before transporting the Package. If a Shipper doesn’t leave the packaging open, a Carrier always has the right to require a Sender to open packaging to inspect items before leaving with the Package.
It is the Carrier’s sole responsibility to know the contents of the Package being transported. A Carrier is never under an obligation to transport a Package that hasn’t been inspected and can always cancel the delivery without penalty if the Shipper does not allow them to inspect the Package.
Cancellations and No-Shows
A Shipper is free to cancel a Package transport request anytime before they accept an offer from a Carrier. After a Carrier offer has been accepted, a contractual agreement between the Shipper and Carrier is in effect, and the Shipper cannot cancel the transport request without the Carrier’s consent. In case the Shipper wants to cancel the request without the Carrier’s consent, the Shipper must contact Dropmi to issue a “forced-cancellation”. Dropmi, Inc. will charge the Shipper a $10 fee for each forced-cancellation or No-Show. A Shipper will be considered a No-Show if the Shipper drop offs the Package at the designated pick-up location (1) more than 10 minutes after the agreed pick-up time without calling, messaging or otherwise contacting the Carrier through the Application, or (2) more than 20 minutes after the agreed pick-up/drop-off time, whether or not Shipper has contacted the Carrier. If either a Shipper forced-cancellation or No-Show occurs, a $10 fee is automatically charged to the Shipper’s account. A Shipper will not be charged a fee if they cancel a request due to a Carrier’s No-Show.
A Carrier is free to cancel their Package transport offer anytime before the Shipper has accepted that offer. Once the Shipper has accepted their offer, a contractual agreement between the Carrier and Shipper is in effect, and the Carrier cannot cancel the transport commitment without the Shipper’s consent. In case the Carrier wants to cancel the request without the Shipper’s consent, the Carrier must contact Dropmi to issue a “forced-cancellation”. Dropmi, Inc. will charge the Carrier a $10 fee for each forced-cancellation or No-Show. A Carrier will be considered a No-Show if the Carrier arrives at the designated pick-up location (1) more than 15 minutes after the agreed pick-up/drop-off time without calling, messaging or otherwise contacting the Shipper through the Application, or (2) more than 30 minutes after the agreed pick-up time, whether or not Carrier has contacted the Shipper. If either a Carrier forced-cancellation or No-Show occurs, a $10 cancellation fee is automatically charged to the Carrier’s account. A Carrier will not be charged a cancellation fee if they cancel a request due to a Shipper’s No-Show.
If a Carrier arrives at the designated Package delivery location and the Recipient does not show up within 10 minutes of the agreed upon delivery time, the Carrier has the right to either (a) leave the package by the Recipient’s door or (b) leave with the package and arrange with the Recipient for the Recipient to come pick up the package from the Carrier.
By using the Applications or Services, you expressly represent and warrant that you are legally entitled and have the right, authority and capacity to enter into to enter into the agreements set forth in these T&C and to fulfill its complete terms and conditions. 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. You agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Applications or Services.
You represent and warrant that you are of the required legal age if you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements due to age. If you are not the required age you must not use the Applications and Services. Without limiting the foregoing, the Services and Applications are not available to persons under the age of 18. By using the Applications or Services, you represent and warrant that you are at least 18 years old.
You may only access the Services using the Applications or other specifically authorized means. It is your responsibility to check to ensure you download the correct Applications for your mobile, tablet computer or similar device (“Device“).
Dropmi, Inc. is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the Applications for your Device. Dropmi, Inc. reserves the right to terminate your use of our Services or Applications if you do so with an incompatible or unauthorized Device.
By using our Applications or Services, you agree that:
- You will only use the Applications and Services for your own use and will not resell either to a third party.
- You will only create one User account.
- You will keep secure and confidential your User account password or any identification we provide you which allows access to our Applications or Services.
- You will provide Dropmi with such proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation (actively or by omission) with any person or entity, including Dropmi.
- You will not represent yourself to be an agent, representative, employee or affiliate of Dropmi, Inc.
- You will only use the Services or Applications for lawful purposes and in accordance with all applicable laws and regulations.
- You will not use the Services or Applications for shipping, sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a crime.
- You will not stalk, intimidate, threaten or otherwise harass or cause distress to any third-party, including other Users;
- You will not copy, or distribute the Applications or text, graphics, images, music, software (in addition to the Applications), audio, video, information or other like materials (“Content“) without written permission from Dropmi.
- You will not use our Services or Applications in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Services or Applications.
- You will only use an access point or 3G data account (AP) which you are authorized to use.
- You will act responsibly, exercise good judgment and take care when using our Services and interacting with Users.
- You will not infringe the rights of any third party (including Users) and including, intellectual property, privacy, publicity or contractual rights.
- You will not collect or store any information about any other User other than as permitted on through Services or Applications.
- You will not assist any third-party in any of the above.
You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these T&C, or any Shipper or Carrier Agreement, as applicable, to any party without the prior written approval of Dropmi in each instance. Any purported assignment in violation of this section shall be void.
Disclaimer of Warranties and Limits on Dropmi’s Liability to You
Dropmi provides the platform on which Users can connect and be matched so as to enable them to enter into agreements directly with each other for the provision of transport services and Dropmi takes no responsibility for the type of goods transported or for the performance of the transport service itself. Dropmi makes no warranties or representations regarding any data and/or information published or otherwise made available on the Service from Users of the Service, or on any external websites linked to or referred to on the Service. Under no circumstances shall Dropmi be liable should a Package be damaged during transport, or should the item be lost or stolen or go missing due to Carrier mishandling.
DROPMI EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SERVICES OR APPLICATIONS. USE OF OUR SERVICES AND APPLICATIONS ARE ENTIRELY AT YOUR OWN RISK.
The Services and Applications are provided to you strictly 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 and all warranties are hereby disclaimed by Dropmi to the maximum extent permitted by applicable law. Dropmi, Inc. makes no warranties or representations about the accuracy or completeness of any content provided through the Services or Applications or the content of any websites linked to the Services and Applications.
Dropmi, Inc. does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Services, Applications or any hyperlinked website or featured in any banner or other advertising and Dropmi will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein.
Without limiting the foregoing, neither Dropmi, Inc. nor its affiliates or licensors warrant or guarantee:
- that access to the Services or Applications will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
- as to the results that may be obtained from the use of the Services or Applications;
- that the Services or Applications, or the quality of any products, services, information or other material purchased or obtained by you through the Services or the Applications, will meet your requirements or expectations;
- as to the timeliness, accuracy, or reliability, of any User;
- as to the timeliness, accuracy, or reliability of our Services or Applications, or any information or materials provided through or in connection with the use of the Services and Applications;
- as to the completeness or content of any Package;
- that the Services or Applications are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Services or Applications will be corrected; or
- that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
YOU ACKNOWLEDGE AND AGREE THAT DROPMI, INC. IS ONLY WILLING TO PROVIDE THE SERVICES AND APPLICATIONS IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
THEREFORE, YOU AGREE NOT TO HOLD DROPMI, INC., ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES OR APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY DROPMI OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL DROPMI, INC., ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE APPLICATIONS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DROPMI, INC. DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICES OR APPLICATIONS.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT DROPMI, INC. OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO DROPMI DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
DROPMI, INC.’S SERVICES AND APPLICATIONS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DROPMI, INC. IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL DROPMI, INC. AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). DROPMI, INC. AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR APPLICATIONS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES OR APPLICATIONS, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN A SHIPPER, CARRIER, RECIPIENT, ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE SERVICES OR APPLICATIONS, EVEN IF DROPMI, INC. AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DROPMI, INC.’S SERVICES AND APPLICATIONS INTRODUCE ITS USERS FOR THE PURPOSES OF THEM ARRANGING FOR PICK-UP, CARRY AND DELIVERY OF ITEMS OF PERSONAL PROPERTY. DROPMI, INC. CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PROVIDE OR COMPLETE A PACKAGE DELIVERY AND YOU EXPRESSLY WAIVE AND RELEASE DROPMI, INC. FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO OUR USERS OR A PACKAGE. YOU ACKNOWLEDGE THAT USERS PROVIDING PICK-UP, CARRY AND DELIVERY SERVICES REQUESTED USING THE DROPMI, INC. SERVICE AND APPLICATIONS MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED. DROPMI, INC. WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN ANY OF OUR USERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATIONS OR SERVICES (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. YOU EXPRESSLY WAIVE AND RELEASE DROPMI, INC. FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATIONS OR SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE APPLICATIONS OR SERVICES, OR OTHERWISE.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE QUALITY OF ANY CARRIER OR THE SERVICES PERFORMED BY ANY USER AND SCHEDULED THROUGH OUR SERVICES OR APPLICATIONS IS ENTIRELY THE RESPONSIBILITY OF THE USER WHO ULTIMATELY PROVIDES SUCH SERVICES TO. ALL USERS ACKNOWLEDGE AND AGREE THAT BY USING OUR APPLICATIONS AND SERVICES, THEY MAY BE EXPOSED TO UNKNOWN THIRD-PARTIES AND CONTENTS IN PACKAGES THAT MAY BE OR ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE.
By providing information to Dropmi, you as a User, represent and warrant that you are entitled to submit the information and that the information is accurate, true, not confidential, and not in violation of any contractual restrictions or other third party rights.
By using Dropmi’s Applications or Services, you agree to, and will, defend, indemnify, and hold Dropmi, Inc. and our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use or misuse of the Services and Applications, including: your breach of these T&C, or any Shipper or Carrier Agreement to which you are subject or the documents they incorporate by reference; or your violation of any law or the rights of any third party, including, without limitation, our Users, other motorists, and pedestrians, as a result of your own interaction with such third party, any allegation that any materials that you submit to us or transmit to the Services or through the Applications or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; your ownership, use or operation of a any vehicle used on a Package delivery, your ownership or right to send the contents of any Package; and/or any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Dropmi makes reasonable efforts to verify the identity of registered Users. However, Dropmi explicitly disclaims any liability in connection with Users who submit inaccurate or incorrect information. The User warrants and shall indemnify and hold harmless Dropmi for any loss due to inaccurate or incorrect information being submitted by the User, or the registered profile being used by someone else than the registered User.
Licenses Granted by Dropmi, Inc. to Dropmi, Inc. Content and User Content
Subject to your compliance with the terms and conditions in the T&C, Dropmi grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content that Dropmi makes available through the Services or Applications, including any Content licensed from a third party (“Dropmi Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services or Applications, including any questions, comments, suggestions, ideas, feedback or other information about the Dropmi Services or Applications (“User Content” and with Dropmi Content collectively, “Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and noncommercial purposes. You have no right to sublicense these license rights granted by Dropmi above.
Dropmi Content may be used solely for your personal and noncommercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, Applications or Collective Content, except as expressly permitted in the T&C. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Dropmi, Inc. or its licensors, except for the licenses and rights expressly granted in the T&C.
License Granted by User
Dropmi, Inc. may, in its sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Services or Applications, you hereby grant to Dropmi a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. Dropmi shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Dropmi claims no ownership rights in any User Content and nothing in the T&C will be deemed to restrict any rights that you may have to use and exploit your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or Applications. By posting or making available any User Content, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available or post or you have all right, license, consent and release that are required to grant to Dropmi, Inc. full rights in such User Content, as contemplated under the T&C; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Dropmi’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Applications and Services License
Dropmi owns and retains ownership in the Dropmi Services and Applications, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the T&C, Dropmi hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Services and Application on any Android Device that you own or control and/or any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules“). This license does not allow you to use the Services or Applications on any Device that you do not own or control. The terms of the license will govern any upgrades provided by Dropmi that replace and/or supplement the Dropmi Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Dropmi, Inc. reserves the right to stop offering and/or supporting our Services, Applications or any particular portion or part of our Services or Applications at any time, at which point your license to use the Service, Application or a part thereof will be automatically terminated. In such event, Dropmi, Inc. shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services or Applications.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Applications in any way; (ii) modify or make derivative works based upon the Services or the Applications; (iii) create Internet “links” to the Services or “frame” or “mirror” any Applications on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Applications to copy any ideas, features, functions or graphics of the Services or Applications whether to build competitive products or services using similar ideas, features, functions or graphics of the Services or Applications, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Services or Applications (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our Applications; (vi) attempt to gain unauthorized access to the Applications or Services or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Services or Applications; or (vii) use our Services or Applications to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
Dropmi, Inc. has the right to fully investigate and prosecute violations of any of these T&C, including all documents and agreements referenced or incorporated herein to the fullest extent of the law. All Users hereby give Dropmi full permission and authority to involve and cooperate with law enforcement authorities in prosecuting Users (including yourself) who violate the law or these T&C. You agree that Dropmi, Inc. has no responsibility to, and may not, monitor your access to or use of the Services, Applications or Collective Content or review or edit any Collective Content. However Dropmi has full right and authority to do so to ensure your compliance with our T&C, comply with applicable law, order or requirement of a court, administrative agency or other governmental body. Dropmi reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Dropmi, at its sole discretion, considers to be in violation of these T&C or otherwise harmful to the Services or Applications.
Dropmi, Inc. respects copyright law and the intellectual property of others and expects its Users to do the same. Dropmi will terminate Users or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders.
Intellectual Property Rights Ownership
Dropmi owns all intellectual property rights in and to the Services and the Applications absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Services or Applications are the property of their respective owners. Your use of the Services or Applications gives you no right therein.
Third Party Interactions
During use of the Applications and Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Applications or Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Dropmi, Inc. and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Dropmi does not endorse any sites on the Internet that are linked through the Services or Applications, and in no event shall Dropmi or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Dropmi, Inc. provides the Applications and Services to you pursuant to the terms and conditions in these T&C provided that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. Dropmi, Inc. has no responsibility or liability arising from any agreements between you and such third party providers.
Dropmi may rely on third party advertising and marketing supplied through the Applications or Services and other mechanisms to subsidize the Applications or Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Dropmi reserves the right to charge you a higher fee for the Services or Applications should you chooses not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on Dropmi’s website.
Termination Due to Breach
Dropmi may restrict, suspend or terminate the account of any User who abuses or misuses the Services or if the User violates the Agreement, without further notice to the User. Any attempt to circumvent the service would be grounds for suspension and termination. Circumvention of the service includes and not limited to concluding transactions outside the system (i.e. trying to avoid concluding deliveries within the system etc.) with the attempt to avoid using Dropmi’s payment system and avoiding any Service Fee associated with using the service. Dropmi reserves the right to recover the fee, plus an administrative fee of $100 from Shipper or Carrier, or both.
Dropmi may transfer its rights and obligations under these terms to another organization.
If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Disputes, Choice of Law and Jurisdiction
If a dispute arises between you and Dropmi, we encourage you to first contact us directly to seek to resolve the matter by contacting us at email@example.com.
You agree that any legal disputes or claims arising out of or related to these T&C, any Shipper or Carrier or Recipient Agreement, whether such dispute or claim is related to the use of the Services and/or Applications, or the interpretation, enforceability, revocability, or validity of these T&C, or the validity of any dispute, that cannot be resolved informally shall be submitted to binding arbitration. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and Dropmi, Inc. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and Dropmi agree that any claim, action or proceeding arising out of or related to these T&C, including arising out of any Shipper or Carrier or Recipient Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND DROPMI, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The American Arbitration Association (“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.
Unless you and Dropmi otherwise agree, the arbitration will be conducted in San Francisco County, California, USA. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Dropmi submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA Rules will determine your right to a hearing. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
We refund all credit card charges that are related to potential technical errors in the Dropmi system. Anyone requesting refunds should mail us at firstname.lastname@example.org, stating the problems and the relevant Package id.
Refunds are issued at the discretion of Dropmi’s management within a 30-day period after date of order. In your claim, please, include explanation of reasons for a refund, and your order information. All enquiries are free of charge.