1. DEFINITION
1.1 Deliveree refers to Deliveree (Thailand) Co., Ltd., a company incorporated in Thailand with its registered office at the below address.
1.2. Driver refers to a driver who has agreed with Deliveree to accept delivery bookings from a User by means of the Services;
1.3. Goods refers to any item, container, parcel, package, or domestic pet, either singularly or in plural that is transported by means of the Services;
1.4 Indirect Loss or Damage refers to any loss or damage to any properties or rights of any person or any injury or harm to body or health of any person which are indirectly caused by delayed or unsuccessful delivery of the Goods;
1.5. Ordinary Transport Fair refers to delivery fee specified by the Software which the User shall pay to the Driver and the Driver shall collect from the User for delivery of Goods. Ordinary Transport Fair cannot be overruled or arbitrarily changed by the User and/or Driver.
1.6.Service or Services refers to the operations of Deliveree whereby, through the Software, the User makes a booking for delivery of Goods and the Driver accepts a booking from a User, and any other operations or activities of Deliveree which match User’s delivery booking with Driver and facilitate delivery of Goods, such as providing information on location of pick-up and drop-off points, contact information of User and Driver, and any information relating to the delivery, but do not include any actual activity of delivering Goods;
1.7. Software refers to Deliveree's technologies, website, and/or applications;
1.8. Terms and Conditions refers to these Terms and Conditions in their entirety, which are applied to the Services, as set out on www.deliveree.com and any amendments thereof made from time to time by Deliveree and published on its website;
1.9. User refers to any person or customer of Deliveree who accesses, downloads, register, or utilizes the Software to make a booking for delivery of Goods by means of the Services.
2. User’s Obligations
2.1. The User warrants and guarantees that he/she is the true owner of the Goods or an agent of the true owner of the Goods and is authorized to accept and accepts these Terms and Conditions for himself and as agent on behalf of the owner of the Goods.
2.2. The User shall ensure that the Goods are adequately prepared and secured to withstand the reasonable duress of ordinary transportation conditions such as physical loading, physical carrying, motorized transport, and physical unloading. The User shall seal any contents with extra care to avoid breakage, tearing, leakage, spilling, shrinkage, and/or any other nature of loss.
2.3 Before the delivery commences, the user shall inform the Driver of any specific precaution which should be applied to the handling of the Goods in accordance with their nature.
2.4. The User warranties that he is complying with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Goods. User warranties that the Goods are not in any manner or condition prohibited by law, dangerous or hazardous, highly perishable, and/or radioactive.
2.5 The User assumes full responsibility and liability for loss or damage suffered by the Driver or any third party as a result of any breach of the above Terms and Conditions.
3. Driver’s Obligations
3.1. Driver shall make reasonable efforts under the circumstances to deliver the Goods according to the estimated time frame and schedule although it is noted that these estimates time frames are estimates and may not accurately factor in extraneous conditions such as accidents, traffic, weather, power outages, civic or civil disruptions.
3.2. Driver shall, under the circumstances occurred during the process of delivery, take all reasonable precautions to prevent any loss or damage of the Goods beyond the wear and tear of ordinary transportation conditions or any unauthorized or illegal access to the Goods attempted by any parties.
4. Driver’s Limited Liability
4.1. Driver shall not be liable for any loss or damage resulting from delays in delivering the Goods.
4.2. Drivers shall not be liable for any loss or damage of the Goods which arises from or is in relation to the following act, failure, or circumstances:
4.2.1. The User’s failure to perform its obligation under clauses 3.2 or 3.3 or comply with its obligation under clause 3.4;
4.2.2. The Driver’s failure to perform any of his obligations as a consequence of circumstances outside his control; or
4.2.3. Any acts, with intent or negligence, or omissions of any party other than the Driver.
4.3. Under any circumstances, Driver shall not be held liable for any Indirect Loss or Damage.
4.4 Driver shall not open and inspect the Goods and hence bear no responsibility for the legality of the Goods or their compliance with any laws or regulations.
5. User’s Prohibition
5.1. User shall, by no means, use the Services or Software to commit, cause, induce, promote, or support any illegal acts or violate any legal rights or privacy of any person including tracking, stalking, and harassing any person.
5.2. User shall, by no means, use the Services or Software to produce or disseminate advertisements, spam, or any kind of messages which may cause nuisance to any parties.
5.3. User shall not take any action that may cause delay, damage, or destruction of the operation of the Services or Software or the servers and network that are linked to the Software.
5.4. User shall not commit any misrepresentation in the use of the Services or Software including act of using the Services or Software in the name of another person. User shall also refrain from using the Software stored on other person’s device without permission.
6. User’s Personal Data
6.1. Users confirms that the personal data provided by him/her are true and up to date.
6.2. User agrees to allow Deliveree use of his/her personal data (including but not limited to name, contact number, email, and address) and transfer such data to the Driver for the purpose of providing the Services. User also grants Deliveree the freedom to compile, collect, store, and update his/her personal data to such extent, for and at such time period as may be necessary during the time Deliveree provides the Services.
6.3. User agrees and acknowledges that Deliveree's compilation, collection, storage, use and transfer of his/her personal data is subject to Deliveree's Privacy and Personal Data Collection Policy (the "Privacy Policy") as posted and periodically updated on Deliveree's website. User also acknowledges that he/she has read and understood the Privacy Policy before agreeing to the Terms and Conditions.
7. Fees
7.1. Delivery charges will be applied according to the Ordinary Transport Fair. The Ordinary Transport Fair accounts for the transportation of parcels with a specified maximum weight, size, and quantity and will be quoted based on the information and requirements provided by the User by means of the Services.
7.2. The User is obligated to pay the Driver the Ordinary Transport Fair in cash immediately when due, unless otherwise specifically agreed between the User and the Driver.
8. Promotions
Deliveree will, from time to time, introduce promotions which shall be subject to prevailing regulatory requirements. Deliveree reserve the right to amend or withdraw any promotions at its sole discretion without prior notice.
9. Deliveree Disclaimer
9.1. Deliveree and its Services, including but not limited to its Services, Software, and customer service are provided to the User on an as is basis.
9.2 Deliveree provides no warranty, assurance, or promise that its Services, Software, or customer service will work as intended on User’s phone, computer, tablet or other device.
9.3. Deliveree does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the Services, Software, or the Drivers.
9.4. Deliveree is not liable for any losses, damages, claims, or costs including any consequential, indirect, or incidental losses or damages to the User's mobile device or any applications stored therein as a result of installation or use of Deliveree's Software.
9.5. Deliveree is not liable for any losses or damages, including but not limited to any injury which the User or any person may suffer, any damage to property owned by or in possession of the User or any parties, or any Indirect Loss and Damage, resulting from the Services, matters relating to Drivers, or the process of transporting the Goods. Any movement of the Goods involving a User and a Driver is a direct contract for hire between those parties to which Deliveree is not a party.
9.6. In providing the Services, Deliveree does not act as an agent or representative for any User or Driver and is not a party to the contract for hire between a User and a Driver.
9.7. Deliveree reserves the right to terminate any engagement with User or User’s account created for the User to use the Services or Software should Deliveree believes that the User violates any Terms and Conditions.
10. Miscellaneous
10.1. Deliveree may amend these Terms and Conditions from time to time and it reserves the right to do so without prior notice. Any amendments of the Terms and Conditions shall be posted on Deliveree’s website.
10.2. The User accepts fully and unconditionally the current form of the Terms and Conditions as represented on Deliveree's website at each use of the Services.
10.3. These Terms and Conditions shall be governed by the laws of the Kingdom of Thailand and the User submits to the jurisdiction of the competent courts of the Kingdom.