Dispatch - Customer Terms of Use (FINAL AUG '22).docx
DISPATCH Customer Terms of Use Agreement
Last Updated Date: July 7, 2022
Welcome to Dispatch! Dispatch is an on-demand delivery solution and digital marketplace platform that connects people, businesses and goods.
DISPATCH IS SOLELY A TECHNOLOGY PLATFORM AND DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. DISPATCH IS NOT A COMMON CARRIER OR PUBLIC CARRIER.
This Customer Terms of Use Agreement is for customers. IF YOU ARE A DELIVERY PROFESSIONAL (AS DEFINED BELOW), YOUR USE OF THE SERVICES IS GOVERNED BY THE PLATFORM PROVIDER AGREEMENT, AVAILABLE HERE, AND NOT BY THIS AGREEMENT.
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. THIS WEBSITE AND ITS SUBDOMAINS (COLLECTIVELY, THE “WEBSITE”), THE MARKETPLACE ONLINE PLATFORM (“MARKETPLACE”) AND ANY ASSOCIATED APPLICATION PROGRAMMING INTERFACE (THE “API”), THE DISPATCH MOBILE APPLICATION (“MOBILE APP,” AND TOGETHER WITH THE MARKETPLACE AND API, THE “PLATFORM”), AND THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR THE PLATFORM (COLLECTIVELY, THE “SERVICES”), ARE CONTROLLED BY DISPATCHIT, INC. (“DISPATCH”).
THESE TERMS OF USE ALONG WITH ALL SUPPLEMENTAL TERMS THAT MAY BE PRESENTED TO YOU FOR YOUR REVIEW AND ACCEPTANCE (COLLECTIVELY, THE “AGREEMENT”), GOVERN YOUR ACCESS TO AND USE OF THE SERVICES.
1. HOW THE SERVICES WORK.
1.1 Description of the Services. Our Platform makes possible a connection between individuals and/or businesses (“Customers“) that want to arrange and schedule transportation and/or logistics services (“Delivery Services“) and independent third party delivery, transportation, and/or logistics professionals seeking to perform such Delivery Services (“Delivery Professionals“). The performance of Delivery Services by a Delivery Professional, the time period in which these Delivery Services are or are to be performed by a Delivery Professional, as well as the vehicle type and item(s) of personal property and goods being picked up, carried, and/or delivered by a Delivery Professional, are collectively referred to as a “Job.”
1.2 Role of Dispatch. DISPATCH IS SOLELY A LOGISTICS MANAGEMENT PLATFORM AND DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES. WE ARE NOT A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. Delivery Professionals are self-employed individuals and independent contractors who choose to perform Delivery Services for Customers posting Jobs on our Platform. Each Delivery Service provided by a Delivery Professional to a Customer shall constitute a separate agreement between such persons. You acknowledge and agree that Dispatch is not a party to any arrangement between the Delivery Professional and Customer(s). It is up to the Delivery Professional in such Delivery Professional’s sole discretion to decide whether or not to offer Delivery Services to a Customer through the Services, and it is up to the Customer in Customer’s sole discretion to decide whether or not to accept such services from a Delivery Professional through the Services. We cannot and do not ensure that a Delivery Professional or Customer will complete an arranged Job.
1.3 Jobs. In order to request a Job, you will have to specify certain information about the Job, which may include: the pick-up address, the destination address, the items you are requesting to be lifted, delivered or moved (“Items”), contact information and the date and time of pick-up. Using the address you provide, Dispatch will use commercially reasonable efforts to connect you with a Delivery Professional to perform the Job for you.
2. USE OF THE SERVICES. The Services, and the information and content available on them, are protected by applicable intellectual property laws. Subject to the Agreement, Dispatch grants you a limited license to access and use the Services for your personal or internal business purposes.
2.1 Mobile App License. Subject to your compliance with the Agreement, Dispatch grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mobile App on a single mobile device that you own or control and to run such copy of the Mobile App solely for your own personal or internal business purposes.
2.2 Updates. You understand that the Services are evolving. As a result, Dispatch may require you to accept updates to the Services that you have installed on your computer and/or mobile device.
2.3 Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Services;
(b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services;
(c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(d) you shall not use any manual or automated software, devices or other processes to "scrape" or download data from any web pages contained in the Services;
(e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services.
3. MEMBERSHIP AND REGISTRATION.
3.1 Registering Your Account. In order to access certain features of the Services you will be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account with Dispatch through the Services (“Account”).
3.2 Registration Data. In registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. RESPONSIBILITY FOR CONTENT. You acknowledge that all textual, audio, and/or visual content and information and other materials accessible through the Services (collectively, “Content”) is the sole responsibility of the party from whom such Content originated.
5. FEES AND PURCHASE TERMS.
5.1 Payment. You understand that use of the Services may result in charges to you for the services you receive, including Service Fees and Delivery Fees, each as further defined below (collectively, “Charges”). Dispatch, through our Payment Processors will receive and/or enable your payment of the applicable Charges.
5.2 Service Fees and Delivery Fees. When you book, hire, arrange and/or pay for a Job via the Services, you are deemed to have accepted the service provided by Dispatch through the Services and agree to pay the corresponding Dispatch service fees.
6. INDEMNIFICATION. You agree to indemnify and hold Dispatch, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Dispatch Party” and collectively, the “Dispatch Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Service in violation of the Agreement; (c) your violation of any rights of another party.
7. DISCLAIMER OF WARRANTIES AND CONDITIONS.