On Demand Delivery Terms of Service [Agreement]
Last updated: December 15, 2023
This is the user's terms of use for the On Demand Delivery App [App] from On Demand Delivery LLC [ODD]. We ask you to read the following terms of use carefully, these constitute a license that covers your use of this App . By using this App, you acknowledge that you have read, understand, and agree with these terms. If you do not agree or understand these terms, please do not use this App.
Modifications to Agreement
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to the App. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. ODD does not and will not assume any obligation to notify you of changes to this Agreement.
Description of On Demand Delivery
On Demand Delivery App (App) is a delivery platform connecting parties that need merchandise delivered or moved [Service], with automobile and/or truck owners (Contractors) who would like to perform the Service. The App is intended to allow you to make a request [Request] for a Contractor to preform the Service. Contractors are only approved under our App if they have liability insurance and pass a background check. This App is designed to offer you the help you need when you need it. In the App, you can request a contractor to pick up item(s) you need delivered or moved.
You warrant and guarantee that the item(s) you would like delivered and/or moved are your own personal property and you have all rights, permissions, authority, and title to have the item(s) moved loaded, and delivered.
Privacy Policy
Please review ODD’s Privacy Policy governing the use of information that ODD obtains from you through your use of this App.
Accounts
When creating an account you must keep the security of your password, and accept the possibility that someone might use your account without your consent. If you believe there are any breaches or security concerns let us know right away. When you sign up for an account you guarantee that the information is accurate and you will continually updated your account to reflect accurate information.
ODD and its authorized agents reserve the right to terminate any account at its sole discretion.
Payment
To pay for the Service, you must provide a credit card. Once you submit the Request your credit card will be charged the entire amount of the Service [Service Fee]. You will be responsible to pay for all the fees. For example if you put in the request for a Contractor to deliver your items you will be charged immediately for the fees to have such items delivered.
Disputes
ODD is merely a means of connecting you with Contractors. We do NOT warrant that any Contractor will meet your expectations in performing any Service. We are not responsible for the Contractor’s actions. Additionally, ODD is not responsible to replace or repair any of your property that the Contractor or any other party damages. However, you may submit a dispute on the App, and after evaluating it, we may send you additional information on the Contractor. Depending on the circumstance you may might be entitled to a partial refund of the Service Fee.
Canceling Requests
When canceling a Request, if you cancel the Request in under 24 hours before the Contractor is set to begin preforming the Service, you will get a full refund. However, if you cancel the Request after 24 hours before the Service is set to begin then you will not receive a refund (you will be charged for the full amount). Refunds could take up to 3 business days to process.
Termination
Without limiting any other remedies, ODD may immediately discontinue, suspend, terminate, or block you and any user’s access to the App at any time and at the sole discretion of ODD or it’s authorized agents.
Removal of Infringing Intellectual Property
ODD respects the intellectual property of others. ODD recognizes the Digital Millennium Copyright Act and other applicable laws. If you believe there is anything that infringes on your intellectual property rights please reach out to us at the following address:
On Demand Delivery LLC
36558 Moravian Dr.
Clinton Twp, MI 48035
Rights
When you create material or make Requests using the App you grant ODD a perpetual, nonexclusive, irrevocable, transferable and royalty free license to reproduce and make derivative works from such created material and Requests in any media and in any location. Further you agree that your use of the App will be treated as you full agreement and consent for ODD to use, store, and disclose your location information.
Upon your agreement to fully comply with this entire Agreement you may use the App as its is intended. You may not disable, reverse engineer, or sell any of the software or the materials contained in the App.
Disclaimers of Warranty
You expressly agree that use of this App is at your sole risk. Neither ODD, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors [collectively, “Providers”], or the like, warrant that this App will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this App, or as to the accuracy, completeness, reliability, security, or currency of the information presented in the App.
The App may contain errors, omissions, inaccuracies, or outdated information. Further, ODD does not warrant reliability of any statement or other information displayed or distributed through the App. ODD reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the App. ODD may make any other changes to this App, including but not limited to the information, Request, Service, or prices described in this App at any time without notice.
THIS APP AND THE INFORMATION, CONTENT, SERVICE, REQUEST AND MATERIALS ON THIS APP ARE PROVIDED ON AN “AS IS,”“WHERE IS,” AND “WHERE AVAILABLE” BASIS. ODD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP, THE CONTENT, SERVICE, REQUEST, INFORMATION, OR THE MATERIALS ON THIS APP. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ODD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ONTHIS APP OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS APP OR YOUR USE OF THIS APP GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
Limitations of Liability
YOU AGREE THAT ODD AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS APP REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL ODD OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, REQUEST, SERVICE, CONTENT, OR INFORMATION ON THIS APP OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS APP, YOUR USE OF, OR INABILITY TO USE, THIS APP GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER ODD OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
FOR ANY OTHER LIABILITY THAT IS NOT COVERED IN THESE TERMS, ODD AND ITS PROVIDERS LIABILITY AMOUNT WILL NOT BE GREATER THAN THE DOWNLOAD FEE FOR THE APP (IF ANY).
Indemnification
You agree to indemnify, defend, and hold harmless ODD, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the App or any person using your App account, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Changes to App
ODD has the right to change, improve, or even discontinue the App. ODD will not be liable for any changes that occur on that platform regardless if you were given notice or not.
Electronic Communications agreement
You agree to be bound by any affirmation, assent, or agreement you transmit through this App, including but not limited to any consent you give to receive communications from ODD solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other electronic device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Limitations on claim
Any cause of action you may have with respect to your use of this App must be commenced within one year after the claim or cause of action arises.
Arbitration
If a dispute arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Clinton Twp, Michigan The arbitration shall be governed by the laws of the State of Michigan The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
For dispute(s) regarding the App or this Agreement that are not administrated by arbitration, you agree that any such actions in law or equity that are not administrated by arbitration will be filed in federal or state courts located in Michigan only and you irrevocably consent to the exclusive jurisdictions of courts located in Michigan.
California Residents
If you are a resident of the state of California, you can ask to have this Agreement mailed to you by sending us a request letter with your email address to the following address:
On Demand Delivery LLC
36558 Moravian Dr.
Clinton Twp, MI 48035
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Entire Agreement
This Agreement constitutes the entire agreement between ODD and you with respect to this App, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ODD with respect to this App. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of this Agreement or portion of it be deemed unenforceable or unlawful, that provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by ODD of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.