PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES AND/OR OUR SITE. BY ACCEPTING THESE TERMS OF SERVICE, YOU, AS THE -- USER, ENTER INTO LEGALLY BINDING AGREEMENT WITH BRINGSY INC.
- 2. Services
- 3. Legal Authority
- 4. Limitations on Use and Rules of Conduct
- 5. Payment
- 6. Order Deadlines; Modifications; and Cancellations
- 7. Tax
- 8. Liability
- 9. Specific Disclaimer of Liability for Third Party Goods, Services, and Content
- 10. Duration of Terms of Service
1.1. Scope and Intent
1.2.1. The terms “you” or “your” refers to the person accessing or using the Services/Site for personal use or on behalf of an entity or organization.
1.2.2. The terms “Bringsy,” “our,” “us” or “we” refers to Bringsy Inc., a Delaware corporation.
1.2.3. The term “Site” collectively refers to all online areas owned and operated by us, including the following listed below:
1.2.4. The term “Services” encompasses your use of our technology platform (“Platform”). Our Platform connects you with participating Sellers and Couriers, who are defined below.
1.2.5. The term “Sellers” refers to third parties who offer the following for purchase on our Platform: (a) goods for delivery, or (b) delivery services for goods you may already own. See Section 2.1 for further explanation.
1.2.6. The term “Couriers” refers to third party courier companies who connect with our Platform to deliver Sellers’ goods. On occasion, Couriers may also be Sellers, e.g. Couriers who offer their delivery services for purchase on our Platform are both Sellers and Couriers.
1.3. Revisions and Modifications
Bringsy reserves the right to modify these Terms of Service at any time by doing either of the following:
1.3.1. Publishing a revised version on the Site that will become effective 30 days from the date of publication. In this scenario, your continued use of our Site after expiry of the 30-day period shall constitute your acceptance to be bound by the revised Terms of Service; or
1.3.2. Publishing a revised version on the Platform. In this scenario, the revised version shall immediately become effective when you submit your consent after having placed a check inside the consent box and read and understood the revised Terms of Service.
2.1. Our Services
In a nutshell, our Platform enables you to purchase goods for delivery or delivery services for goods you may already own, which are offered by participating Sellers. Once a purchase is made on our Platform, participating Couriers are notified via the Platform and the best match is made to delivery your goods.
2.2. Interruptions and Delays
Bringsy cannot guarantee that their Services/Site will always function without disruptions, delay, or other imperfections. Bringsy may change technical features in order to keep pace with the latest technological demands or to comply with regulations. Bringsy may also have to repair and/or upgrade the Services/Site and this may require us to limit, suspend, and/or interrupt our Services/Site.
2.3. Your Obligation
You agree to promptly provide Bringsy with any data or information necessary to facilitate the successful execution and delivery of our Services.
You agree to indemnify, defend, and hold Bringsy and its affiliates harmless from and against any and all liability and costs, including reasonable attorney’s fees incurred by such parties in connection with or arising out of your violation of these Terms of Service, any applicable law or regulation, or the rights of any third parties related to the use of the Bringsy’s Services/Site.
3. Legal Authority
3.1. Eligibility Requirements
You must meet the following criteria to use our Services:
3.1.1. you must be of legal age to form a binding contract with us; and
3.1.2. you cannot be a person barred from receiving our Services under the laws of the United States.
4. Limitations on Use and Rules of Conduct
4.1. Personal Use
You agree to use the Services/Site only for personal use, which includes as an individual on behalf of an entity or organization. You may not use the Services/Site for commercial purposes, unless you have a separate agreement with us. You many not use the Services/Site in any way that is unlawful, or harms us or any other person or entity.
4.2. Intellectual Property
All content, systems, written, graphic and other material accessible on our Site shall at all times remain the exclusive property of Bringsy, its licensors, vendors, and the providers of any other service.
Except as we specifically agree in writing, no content from the Site may be used, reproduced, distributed or otherwise exploited in any way other than as part of the Site, not even as part of a derivative work, except that where the Site is configured to enable the download of particular content, you may download one copy of such content for your personal, noncommercial use only, provided that you keep intact all copyright and other proprietary notices, make no modifications to or create any derivative works based on the Site or any content, in whole or in part, and do not use any content in an unlawful manner or in a manner that suggests an association with any of our products, services, or brands.
4.3. Prohibited Conduct
You agree that you will not use our Services/Site to:
4.3.1. pretend to be anyone, or any entity, you are not. You may not impersonate or misrepresent yourself as another person, entity, subscriber, or otherwise misrepresent your affiliation with a person or entity. We reserve the right to reject or block any user, which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity;
4.3.2. engage in any intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
4.3.3. post, transmit or otherwise make available any unsolicited or unauthorized messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
4.3.4. upload, post, transmit, or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of our Services/Site (or any part thereof);
4.3.5. interfere with or disrupt our Services/Site or any servers or networks connected to our Services/Site, including accessing our Services/Site through any automated means, such as scripts or web crawlers, and any unauthorized access to use or monitoring of data or traffic thereon; or
4.3.6. plan or engage in any illegal activity.
5.1. Debit and Credit Cards
You can purchase Sellers goods for delivery or delivery services with your debit or credit card. Bringsy reserves the right to stop accepting debit or credit cards from one or more issuers. Bringsy further reserves the right to issue or not issue refunds on a case by case basis. In the event you believe that Bringsy has charged you in error, or has debited an Account Credit incorrectly, you must contact Bringsy’s Customer Support at email@example.com within 90 days after such charge.
6. Order Deadlines, Modifications, and Cancellations
6.1. Food Orders
Food orders can be placed up until the times listed on our Platform. Modifications or cancellations are based on feasibility and the discretion of Bringsy. Orders are limited to the total number of goods available.
6.2. Other Orders
Other ordered goods for delivery or and delivery services can be placed up until times listed on our Platform. For modifications or cancellations, please contact the Seller.
6.3. Delivery Delays
Bringsy aims to have your goods delivered on time, but your order may from time to time be delayed. If Bringsy considers that your order will be substantially delayed, Bringsy will contact you to arrange an alternative delivery timeframe. If that timeframe is unacceptable to you, you may decline to accept the order and request a full refund.
7.1. Sales Tax
All sales processed through our Platform or Site are subject to sales tax. All prices presented on our Platform or Site are before-tax prices.
8.1. Release of Liability
Bringsy cannot guarantee that third party goods and services from Sellers or Couriers, purchased through our Platform or Site, are free of any and all defects, mistakes, irregularities, which render the goods or services insufficient or harmful. By agreeing to these Terms of Service, you acknowledge that by using Bringsy you may be exposed to goods or services that may cause injury, and in that regard you hereby fully release and discharge Bringsy from any and all liability and responsibility to you.
8.2. Limitations on Liability
In no event shall Bringsy, through its officers, employees, agents, affiliates, licensors, be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for any direct, indirect, general, special, compensatory, consequential, punitive or incidental damages, including any loss of income or profits whether direct or indirect. The limitations on Bringsy’s liability to you listed in this paragraph shall apply whether or not Bringsy, its officers, employees, agents, affiliates, licensors, have been advised of the possibility of such losses or damages arising. Nothing in these Terms of Service is intended to exclude or restrict any liability which cannot be limited or excluded by law.
8.3. Total Liability
Bringsy’s total liability under or in connection with these Terms of Service whether in contract, tort (including negligence) or otherwise shall not exceed in aggregate the amount you paid for Services in the 12 months period prior to the date of the event giving rise to the relevant claim, subject to a maximum of $1,000 USD in all cases irrespective of whether you have paid for the services.
9. Specific Disclaimer of Liability for Third Party Goods, Services, and Content
9.1. Disclaimer of Goods and Services
Bringsy also disclaims any and all responsibility or liability in relation to goods and services provided by third parties, including all Sellers and Couriers. Bringsy nor its officers, employees or affiliates may be held liable whether in contract, warranty, tort (including negligence), or any other form of liability for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to all such goods or services.
9.2. Disclaimer of Content
Bringsy disclaims any and all responsibility or liability in relation to the content on its Site made available or provided by other users or third parties. Bringsy nor its officers, employees or affiliates may be held liable whether in contract, warranty, tort (including negligence), or any other form of liability for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to all such content.
9.3. Force Majeure
You acknowledge and understand that if Bringsy is unable to provide Services as a result of a force majeure event, Bringsy will not be in breach of any of its obligations towards you under these Terms of Service. A force majeure event means any event beyond the control of Bringsy. In the event Bringsy is affected by a force majeure event, it shall promptly notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations. Bringsy shall not have any liability to you whether in contract, warranty, tort (including negligence), or any other form of liability for failing to perform its obligations under these Terms of Service to the extent that such failure is as a result of a force majeure event.
10. Duration of Terms of Service
10.1. Effective Date
These Terms of Service will become effective as of the date when either of the following occur, and if both occur then whichever takes place first:
10.1.1. when you first use the Site; or
10.1.2. when you submit your consent to these Terms of Service on the Platform after having placed a check inside the consent box and read and understood these Terms of Service.
You may terminate these Terms of Service with us at any time by ceasing to use our Services/Site. Likewise, at any time Bringsy may limit, suspend, or terminate your use of our Services/Site, remove hosted content, and take technical and legal steps to keep you from using our Services/Site if we think that you are in breach of these Terms of Service, creating problems, infringing on someone else's intellectual property rights, and/or engaging in illegal activities.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, AND TERMS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON OR BY USING OUR SERVICES/SITE YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS OF SERVICE.