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Last Revised: July 18, 2022
READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CROWDSHIPPING CORPORATION, A GEORGIA CORPORATION (“CROWDSHIPPING,” “WE,” “US,” OR “OUR”).
CrowdShipping is a crowd shipping delivery software application leveraging a network of existing community members, local drivers, users (senders), air travelers, community members with availability to deliver packages, vehicle owners, and truck owners, to deliver packages to customers’ doors in the fastest, most cost-saving approach possible. The democratization of logistics by crowd delivery is now CrowdShipping. Our goal is to cause local package delivery to occur in less than an hourly basis within a 50-mile radius. This efficient Route system allows the customer to track, in real-time, his or her trip requests by live tracking on GPS and text messaging alerts on their smartphones. This innovation was inspired by the huge potential that still exists largely in the share economy. To penetrate the gigantic e-commerce market, young digital-first, digital-heavy customer base, we created a customer first, “below the hour delivery”, a system called CrowdShipping. To become part of the CrowdShipping as a User, Shipper, Delivery Provider, or Driver who performs Delivery Services in the “Community”, you expressly agree to be bound by the terms, future amendments, changes, updates, or additions to this Terms and Condition Agreement. These future changes or updates will be available on the App and on our web at: CrowdShipping These changes will be emailed to all members within the community as any updates to our existing Terms and Conditions are made to all registered email addresses on file. Once you download our App and are approved after the application process to become a Driver (Provider) or a User in the community, you agree to make it your responsibility to abide by CrowdShipping Terms and Conditions in its entirety.
THIS PROVISION WILL ALLOW US TO EMPLOY THE USE OF ARBITRATION INDIVIDUALLY, NOT BY GROUP ACTION, TO RESOLVE DISPUTES OR CONFLICTS, NOT BY CLASS ACTIONS. LITIGATION OR JOINT LEGAL ACTION BY A GROUP OF PEOPLE WILL LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, CONFLICT, OR DISAGREEMENT. FURTHERMORE, UNDERSTAND THAT THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION.
Acceptance of this Agreement
User and Driver (Local Delivery) or User (Sender) and Provider (International Delivery). This occurs when a User posts or requests At CrowdShipping we provide the most up-to-date technology tools, real-time, no lag, optimal instant delivery services, schedule option delivery services, ‘Below the Hour Delivery’, concrete security, secure payment processing system, geo-location tools, route optimization, move-on-demand scheduling tools, intelligent route tracking and quick access, allowing customers and community members to connect with Drivers (Local Delivery Services – Land) or Shippers (Sender) to Provider (International Delivery Services, Land, Air, and Sea). CrowdShipping has two types of relationships: Shipper (Sender) to Driver (Local Delivery) and Shipper (Sender) to Provider (International Delivery). “Load”, “package”, “parcel”, “cargo”, or “freight” on the CrowdShipping Dashboard for pickup and be delivered by a Driver or Provider. Any Driver (Provider) who successfully connects with the Sender gets that “Trip”. The User, Shipper, or Sender can request a pickup by simply posting a“Pickup Request” from the user app on the web, iOS, or Android App. Once posted these Trips can be seen by designated drivers or providers on the Dashboard for available Trips. Once an item becomes available on the CrowdShipping Dashboard, all providers and drivers begin to send offers in order to be the first to successfully get the Trip. You will see in the Q & A section the video on How-To Post A Trip and How To Pick Up as a Driver and How To Post a Trip as a Provider or How to Bid for Available Trips on the Dashboard. The Provider who becomes successful with their bid gets the Trip and proceeds to pick up the item from the Sender to complete the delivery. At any time, a Community member or User could become a Delivery Provider.
But must register and be approved to do so. The Delivery Provider is simply a person who is traveling in the same direction as the sender’s parcel drop-off location, and who volunteers to deliver a package for the sender (trip requester) for a fee. Another way a Community member may become a Delivery Provider is if a Community member has the availability to accept a package, and makes that availability known to other Community members by posting it on the CrowdShipping Dashboard, the owner of that container by ocean vessel, by automobile or by flight, becomes a Delivery Provider. CrowdShipping App makes it possible to connect everyone and anyone with Drivers and Delivery Providers seeking to perform the Delivery Services. The job of pickup and delivery is known as the “Trip”. Drivers, Delivery Providers, and Shippers (Senders) are referred to as “Community Members”. Drivers (Providers) who participate in the CrowdShipping platform are self-employed independent contractors who voluntarily download the CrowdShipping App in order to carry out Delivery Services to perform delivery services for users. Drivers and Providers who sign up to connect with Users on the CrowdShipping App can be drivers (Providers) on other platforms if they choose to do so. By accessing, downloading, creating an account, and logging into the CrowdShipping App or web, you acknowledge that you have read, understood, and agree to be bound by this Terms and Condition Agreement. If you do not accept this Terms and Condition Agreement, you may not access, browse or use the CrowdShipping App and web application. To become a CrowdShipping Driver or Provider you are required to meet the following requirements in order to be on-boarded:
You must be 18 years of age or older.
You must have at least one year of driving experience.
You must have a valid Drivers license (in the case of a Provider, you will need to provide your Drivers License and/or your International Passport with a Visa and Travel Ticket or Proof of Travel or Voyage).
You must have valid auto insurance that meets local jurisdiction liability requirements.
You must be able to provide proof of insurance and car registration.
You must have a car that meets CrowdShipping’s requirements.
You must meet all the other Federal, State, Local, and CrowdShipping requirements, which can be the found on CrowdShipping web with updates at intervals.
You will have to pass a background and criminal check to become a Driver (or a Provider) on CrowdShipping.
All Community members, including Shippers (Senders), are required to provide proof of identification, including document types like passport, national identity card or driver’s license, and proof of address.
Upload a photo of the selected document.
Upload a photo of them holding the selected proof of identity.
The goal of CrowdShipping Corporation is to make sure you are who you say you are, and that you are unaffiliated with any or all financial terrorist money laundering activities anywhere in the world. This platform is for personal use and at no time should you extract and resale any information from this platform. Each person is limited to one account and you may not share your account password with another person, including close friends and family members. You bear sole responsibility for anything that goes through your account with your login credentials. You may not use our platform if you are under the age of 18. At no time will any Sender, Driver, or Provider declare, parade, or advertise themselves as a CrowdShipping employee, agent, contractor, subcontractor, or affiliate. Using this platform does not create any agency, partnership, joint venture, employment, or any other relationship. You will use CrowdShipping App only for the lawful purposes of posting, pickup, receiving, and delivery of packages and loads, and you agree to abide by all laws and regulations of your State or Country. CrowdShipping App disallows any fraudulent, illegal, or criminal activities. phishing or spam activities are strictly prohibited. CrowdShipping corporation prohibits copying, sharing, disclosing, or storing any other users’ information, such as names, addresses, and phone numbers, that is available to you in the course of using this platform or other information used for shipping and delivery.
You agree that your contact with a Driver (Provider) or Shipper (Sender) ends immediately after a Trip is completed. Anything short of this is a violation of our Terms and Conditions Agreement and will lead to the immediate deactivation of your account. You will not reproduce or copy any information on this platform including but not limited to graphic designs, texts, images, software, audio, video, or any other content on this application and or web. Using unfriendly language, slang or foul language is not allowed within this community. It could be construed as threatening that could harm a community member’s health and safety. Prohibited Items Senders are prohibited from including in any Trip, and all Driver and Providers are prohibited from knowingly accepting, picking up, carrying, or delivering any item containing the following “Prohibited Items”:
IF A PROHIBITED ITEM IS DISCOVERED BY A Driver (Provider) ON CROWDSHIPPING PLATFORM, THE Driver (Provider) MUST REPORT TO CROWDSHIPPING IMMEDIATELY. AT SUPPORT@CROWDSHIPPING.NET. CROWDSHIPPING WILL RESPOND BY TAKING ACTION TO THE FULLEST EXTENT OF THE LAW.
Exclusive List Items
Item marked as “Exclusive List” will only be posted on the CrowdShipping dashboard only after it has been cleared by CrowdShipping for delivery. All Users are required to disclose each “Exclusive List” item when posting a delivery request and are advised to fully comply with all local, state, and federal guidelines, restrictions, and applicable regulations. The list below is not exclusive but is a guide to these “Exclusive List” items:
Trips containing Exclusive items require Driver (Provider) and Delivery Providers to have special qualifications, permits, licenses, and liability insurance before bidding and accepting such items for transportation and delivery. Trips containing HAZMAT may require the Driver (Provider) to have a special vehicle, fitted with special equipment or even a specialty license in order to get approved for that Trip.
All Driver (Provider) ON CROWDSHIPPING PLATFORM ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL RULES AND REQUIREMENTS IN ACCEPTING A TRIP CONTAINING ANY EXCLUSIVE ITEM PRIOR TO EMBARKING ON SUCH TRIP. ALL APPLICABLE LAWS, LOCAL, STATE, AND FEDERAL GUIDELINES, RULES, AND REGULATIONS MUST BE FOLLOWED. NO EXCUSES. NO EXCLUSIONS.
EXCLUSIVE ITEMS AND SHIPPER’S RESPONSIBILITIES FIREARMS AND WEAPONS
Shippers are responsible for securing all shipped firearms, explosives, weapons, accessories, and ammunition. Once an Exclusive item is approved to be posted on CrowdShipping, the Shipper must take steps to secure the Exclusive item in a box or container before a Driver (Provider) picks up the item for delivery. The Driver (Provider) must load the box in the trunk of the vehicle in a secured manner and must be kept and remain in the trunk of the vehicle throughout the duration of the trip before delivery at the destination. For more on government rules and regulations regarding the transportation of weapons, firearms, and ammunition please click on the links below:
https://www.tsa.gov/travel/transporting-firearms-and-ammunition
https://www.law.cornell.edu/uscode/text/18/926A
HAZARDOUS MATERIALS
(“HAZMAT”) HAZMAT may be sent in small quantities. Shippers must declare HAZMAT items, due to their Exclusive nature, to CrowdShipping when trying to have a HAZMAT picked up and delivered.
Shippers should visit the government website pertaining to the complete tables of Hazardous Materials.
http://www.gpo.gov/fdsys/pkg/CFR-2008-title49-vol2/pdf/CFR-2008-title49-vol2-sec172-101.pdf and
Stiff civil penalties (fines) of up to $175,000.00 apply to people who offer for shipment, cause to be shipped, or transport HAZMAT:
Senders have the responsibility to ensure that, all HAZMAT is properly packaged, labeled, marked, identified, and certified in compliance with applicable legal requirements, including having proper shipping papers with emergency response information, and an emergency contact telephone number. There is a myriad of other legal requirements. Driver (Provider) and Shippers are required to know and must satisfy before posting or transporting HAZMAT to avoid paying massive fines.
Reference: http://www.gpo.gov/fdsys/granule/CFR-2011-title49-vol2/CFR-2011-title49-vol2-part172
CROWDSHIPPING TAKES NO RESPONSIBILITY OR LIABILITY TO Driver (Provider), DELIVERY PROVIDERS, OR SHIPPERS FOR VIOLATING THE TERMS AND CONDITIONS AS OUTLINED ABOVE.
Oversized Items Oversized
super heavy and bulky items are not allowed. But, in some cases, the Driver (Provider) or Shipper might possess special permits and or the right operable equipment to convey this Trip. In this case, special consideration may be given.
Packaging
Road Star encourages environmentally friendly practices, including light packing and making sure that the item being shipped must be openly displayed for the Driver (Provider) to know what they are picking up. The driver (Provider) must always be able to view, see, and inspect the item to be picked up. If the Driver (Provider) is not satisfied with the item, the Driver (Provider) may refuse it, and the Trip forfeited.
New in Box Items
If an item is a new item with an unbroken seal, the Driver (Provider) is advised to inspect the package and decide if it is appropriate for pickup and delivery. If the Driver (Provider) is unable to decide what to do, Driver (Provider) should contact: support@crowdshipping.net
Luggage or Baggage Inspection
CrowdShipping advises that if a pickup contains a briefcase, suitcases, luggage, baggage, boxes, purses, handbags, wallets, or packages, the Driver (Provider) should not request an inspection of the baggage, but Driver (Provider) has the responsibility to inspect the outside of the Baggage. The Driver (Provider) should record and take picture of the damage and send it to: support@crowdshipping.net CrowdShipping will get back to the Driver (Provider) immediately.
If the item is in an unbroken seal or was open for inspection at pickup but turns up roughed up with a broken seal when Driver (Provider) delivers the item, the Driver (Provider) becomes liable if the Shipper or Receiver files for a claim or rejects the item. Driver (Provider) is strongly advised to take all the precautions and steps outlined in order to enjoy successful Community participation. A Driver (Provider) can always cancel a Trip he or she is not comfortable with. The Driver (Provider) will not suffer any loss or damages if a Trip is canceled due to Shipper’s negligence.
Getting your Trip Ready
Shippers have the responsibility to pack their items properly. Shipped items should be visibly marked for fragility, perishability, specialty, and exclusivity to highlight the type, nature, and condition of the item being shipped. It should be clearly noted that CrowdShipping will not be held liable for loss or damage to any item if the property was not properly packed to survive the rough and tumble of transportation. Compliance
All Shipped items should adhere to and comply with Local, State, and Federal Law. It is the responsibility of the Shipper to comply with these guidelines. CrowdShipping will not be responsible for Shipper’s negligence, and neither will CrowdShipping be liable for any or all loss arising from this. However, Shipper is advised to purchase a Protection Plan to protect their shipped item.
Live Animals
All live animals must be enclosed in box-like housing, adequate to cater to their health and safety during transportation. Anything that endangers the animal or pet in course of this Trip is a violation of Law. To achieve this practice in the most adequate and successful manner, please contact a pet or animal owner. Driver (Provider) is advised to reject the Trip if he or she finds the housing or packing inadequate. Shippers should include food and water, anything to help the Driver (Provider) achieve success as part of the transportation needs of their pets. All animals must be transported inadequate temperature. Animals cannot be too hot or too cold during transportation. Animals should not be transported in the trunk of the vehicle. The driver (Provider) is required to provide food and water at regular intervals for the animal, during stop intervals. No Compromises. It is illegal and may warrant imprisonment if a Driver (Provider) becomes cruel to an animal.
Modifications
CrowdShipping can modify the Terms and Conditions of this Agreement or its policies relating to the use of its App, publications, and web any time an update or change is made to this Agreement through our website at www.crowdshipping.net or any of its publications. You are responsible for regularly reviewing these changes as it relates to the Terms and Condition Agreement. as your continued use of the Platform after any such changes constitute your consent to such changes.
Additional Terms and Policies
By using this Platform, you consent to be bound by CrowdShipping’s Terms and Conditions Agreement and acknowledge and agree to the gathering, application, and disclosure of your personal information. Additional Terms and Conditions may apply in our Privacy Policy with respect to your relationship with us.
Guidelines and Consent to Use Platform
You consent to the following by using the CrowdShipping Platform.
Customer Account
You are required to create an account and be approved to use CrowdShipping Applications. CrowdShipping is a software technology created to bring users, shippers, Driver (Provider), delivery professionals and delivery providers together in a marketplace called the CrowdShipping App. You are expected to provide accurate, current, and complete information during the customer account creation process and to update and provide current and accurate personal or professional information when it changes. Your Customer Account privileges cannot be compromised by handing it out to other people like family, minors or friends for use. That action will not excuse your personal responsibility or liability that may arise due to such account usage negligence. Your username and password are your property to keep and you are required to manage them with confidentiality. You are not allowed to reassign, re-purpose or transfer your Customer account to any other person or entity. If your customer account is found to be compromised, you must report the breach immediately to CrowdShipping. CrowdShipping will not be responsible for such a breach but you may be held liable for losses, expenses, and fees suffered by CrowdShipping or our ThirdParty Affiliate, even if you have reported the breach to CrowdShipping. CrowdShipping shall terminate and block your account access if you are found to have misrepresented or misled CrowdShipping during the Customer account creation process. If you have been banned from the CrowdShipping platform in the past, you agree not to return to the platform to create another account in someone else’s name.
1. User Content
CrowdShipping may provide you with similar opportunities through these Services, for example, to be able to post User ratings and reviews (known as, “User Content”). User acknowledges and warrants that he or she is the owner of, or has the legal right to provide, all User Content that he or she submits and represents video, images, and written publications posted and/or otherwise transmitted through these Services. You hereby grant CrowdShipping unlimited, irreversible, transferable, paid fully, free of royalty, nonexclusive, global, and totally sublicense the right to use, edit, copy, display, distribute, publish, modify, remove, publicly perform, translate, design derivative works, distribute and or otherwise use the User Content in connection with CrowdShipping’s transactions and in every way simply known as (“Uses”); without notification to and or approval by you. You further grant CrowdShipping a license to use your username and User profile information, without limitation to your rating history, to attribute User Content to you in connection with such Uses, with no prior approval or notices by you. User agrees that this license, in addition, includes the right for other Users to access and use your User Content in addition to participating in Services and as permitted through the functionality of the Services. Moreover, the license granted to CrowdShipping shall continue to do business even after your account has ended. CrowdShipping reserves the right and has that discretion, to end or completely remove your ability to access your User Content on any services, including Third Party Services, related or connected to the business you do with CrowdShipping. We reserve the right, the sole right, to suspend or terminate your account at any time, or pursue any other remedy or relief available under the law if you post any User Content that violates this Agreement or we consider to be unacceptable to our business practices for any reason. You agree that it is our sole discretion, without communication with you, that CrowdShipping may monitor and or remove your User Content, without acknowledging any responsibility for doing so. CrowdShipping may also gain access, read, store, publish or reveal any information as reasonably necessary to;
(i) for government, reasonable purpose, or law enforcement purposes.
(ii) to enforce this Agreement in the event of potential violations. (iii) for discovery, proactive reasoning or to combat criminal intrusions, security breach, fraudulent interference, technical breakdown
(iv) Support issues.
(v) protect the rights and safety of CrowdShipping Community and the general public.
2. Feedback
You agree that any submission of any ideas, suggestions, and or proposals to CrowdShipping through several mediums, ratings, Google, Twitter, Instagram, or other website pages with “Feedback” that is made by you or on your behalf is at your own risk and that CrowdShipping is not obligated to act on such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to CrowdShipping an interminable, irreversible, transferable, paid fully, free of royalty, nonexclusive, global, totally sublicense the right to use, edit, copy, display, distribute, publish, modify, remove, publicly perform, translate, distribute otherwise use such Feedback.
3. Ratings and Reviews
Note that All Ratings and Reviews you post in the review of Third-Party businesses are governed by this Agreement. These “Ratings and Reviews” are not endorsed by CrowdShipping and are not the views of CrowdShipping or its Third – Party affiliates. CrowdShipping bears no responsibility for these Ratings and Reviews and will not be liable for any financial loss or claims resulting from such adverse Ratings and Reviews. From the foregoing, you agree that:
(i) that you are fully responsible for any Rating or Review and it is borne out of your personal experience.
(ii) you are prohibited from giving a Rating or Review for any business you have an ownership interest in; you are employed or have a relationship or other affiliation or for any of that company’s competitors.
(iii) you are prohibited from taking cash or kind for submitting a Rating or Review.
(iv) your Ratings and reviews are governed by the Terms and Conditions of this Agreement. It is our sole discretion to delete or remove any Rating or Review that adversely affects or undercuts the integrity of the Ratings and Reviews and may terminate this User Content without notice.
CrowdShipping Electronic Communications
By creating a CrowdShipping Customer account, you electronically agree to accept and receive communications from CrowdShipping, Vendors and Third Parties providing services to CrowdShipping as well as email, text message, calls, and push notifications to the cellular phone number you provided to CrowdShipping. Message and data rates may apply. If wish not to receive promotional emails, text messages, or other communications, you may change your notification preferences by going to the Settings in your account. You may also opt out of receiving text messages from CrowdShipping by replying “STOP” from the cellular phone device receiving these messages.
Electronic Signature Disclosure
By creating a CrowdShipping Customer account, you in addition consent to the use of an electronic record to document a copy of your signed Agreement. CrowdShipping Customers may You may terminate their consent to the use of the electronic record by emailing CrowdShipping at: privacy@crowdshipping.net with “Revoke My Electronic Consent” in the subject line.
To view and retain a copy of this disclosure, you will be required to have the following:
(i) a computer or cellphone with a web browser and Internet access.
(ii) a printer or enough storage space on your cellphone or computer device. To mail a paper copy of the disclosure out to you, using USPS, or to inform us about a change in your contact information, you may contact us at: privacy@crowdshipping.net with your name and address for delivery.
CrowdShipping Intellectual Property and Ownership
CrowdShipping is the owner of all intellectual property rights on the platform for the CrowdShipping App, with limitless rights and interests to its database, source codes, copyright, designs, trademarks, images and related rights. These rights extend globally, registered or unregistered and access to this Platform and use of the CrowdShipping App surrenders none of these rights to you. This Agreement is not a sale and does not transfer to you any rights of ownership in or related to the Software, App Development or the Services, or any Intellectual Property Rights owned by CrowdShipping. CrowdShipping name, CrowdShipping brand logo, designs, product names associated with the Software and Services are trademarks of CrowdShipping and its Third-Party affiliates. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services.
Undeliverable Items
Driver (Provider) and Delivery Providers should make all efforts to complete a Trip. If a Driver (Provider) fails to deliver an item to the receiver, the Driver (Provider) is advised to return item(s) to the Shipper (Sender) at Shipper’s expense. If a Driver (Provider), for whatever reason, fails to return the undeliverable item to Shipper (Sender) or pickup location, the Driver (Provider) or Delivery Provider will have to hold the item. A daily fee of $100 or more will be charged, depending on the type of item, until the item is picked up by the Shipper (Sender).
Payment Processor
Shippers (Senders) and Drivers or Delivery Providers directly engage with each other in order to complete a Trip or delivery services. CrowdShipping is not involved in pickups, loading, shipping, delivery Fees negotiation or even rejection of these services. But CrowdShipping Corporation uses a Third-Party Payment Processor to process payments originating from our platform. We will ask you to supply your credit card information as a further form of verification and proof that you will honor your obligation to the Driver (Provider) and Delivery Providers at the end of a Trip. Third-Party payment processors may require you to read and agree to their standard terms and conditions. CrowdShipping will have the right in its sole discretion to issue refunds, and credits, and consider holds on any payment. Any applicable taxes, including VAT, for payments made to CrowdShipping, are the Shipper’s responsibility. When CrowdShipping receives an order from a customer, the customer’s credit card will be authorized, and a hold placed for the delivery amount. CrowdShipping will authorize and place a hold on the customer’s credit card at the time the order is received by CrowdShipping.
Payment Terms
The fee for each Trip will be displayed on the Dashboard. The Driver (Provider) is advised to send in any toll receipts incurred during the Trip. The Trip begins when the Driver (Provider), Delivery Provider or Delivery Professional accepts the Trip. The Shipper will see the ETA tracking for Local Delivery Trips. CrowdShipping is not responsible for any actions carried out by Driver (Provider) or Delivery Provider after the Trip is completed. Only Credit Cards will be the accepted form of payment. We may update payment options to include other forms of payment.
Cancellation: 10% and are NON-REFUNDABLE.
Exceptions: Prior payment arrangements of subscriptions might exist. We advise users to take full advantage once they are published and available.
No Refunds: Paid fees for completed and delivered orders are final and non-refundable.
Intellectual Property Rights
The CrowdShipping Corporation Service is a licensed service. This license should not be sold. The use of this license is meant for use only under the terms of this Agreement. CrowdShipping reserves all rights to this technology software. From the foregoing, CrowdShipping grants all Community members a personal, limited, revocable, non-transferable license to access and use this Service.
Platform and App License
CrowdShipping Corporation owns the CrowdShipping Web application and Mobile Applications, including all intellectual property rights and proprietary rights in that respect. Upon your compliance with these Terms and Conditions of Agreement, CrowdShipping hereby grants you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use CrowdShipping App by downloading it on any authorized Android and iOS devise. The App is available for download on Google Play Store for Android devices and Apple Store for iOS devices. (See Terms and Conditions for this Third-Party software that CrowdShipping does not have control over).
CrowdShipping reserves the right to stop offering and or support for these Third-Party Applications. That is, our Users’ ability to receive or perform Delivery Services or any particular portion or part of our Platform, App or access to Delivery Services at any time, at which point your license to use the Platform or App or your access to Delivery Services therefrom, or any part thereof, will be automatically terminated. In such event, CrowdShipping shall not be required to provide refunds, benefits, or other compensation to users in connection with such actions to discontinue App access to Delivery Services. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or the App in any way; (ii) modify or make derivative works based upon the Website or the App; (iii) create Internet “links” to the Website, alternate access to Delivery Services, or “frame” or “mirror” any App on any other server or wireless or Internet based device; (iv) reverse engineer or access the Website or App to copy any ideas, features, functions or graphics of the Platform or App whether to build competitive products or services using similar ideas, features, functions or graphics of the Website or App, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Website or App (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, malwares, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any attempt to gain unauthorized access to the Website or App or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Website or App; or (vii) use our Website or App 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.
Licenses Granted by CrowdShipping in Content
Subject to your compliance with the Terms, including without limitation Driver (Provider) and Sender Agreements, CrowdShipping grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content that CrowdShipping makes available through the Website or App, including any Content licensed from a third party (“CrowdShipping Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Website or App, including any questions, comments, suggestions, ideas, or feedback (“User Content” and with CrowdShipping Content collectively, (“Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by CrowdShipping Corporation above. CrowdShipping Content may be used solely for your personal and non-commercial 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 Website, App, or Collective Content, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CrowdShipping or its licensors, except for the licenses and rights expressly granted in the Terms. You agree that CrowdShipping has no responsibility to, and may not, monitor your access to or use of Collective Content or review or edit any Collective Content. CrowdShipping reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CrowdShipping, at its sole discretion, considers being in violation of these Terms or otherwise harmful.
License Granted by User
We may, in our 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 Platform or App, you hereby grant to CrowdShipping a global, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. CrowdShipping shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. CrowdShipping claims no ownership rights in any User Content and nothing in the Terms 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 Website or App. 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 rights, license, consent, and release that are required to grant to CrowdShipping full rights in such User Content, as contemplated under the Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or CrowdShipping’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.
Copyright Policy
CrowdShipping respects copyright law and the intellectual property of others and expects its Community members to do the same. CrowdShipping will terminate Users or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on our App or Website infringe upon your copyrights, please send the following information to CrowdShipping’s Copyright Agent at: info@crowdshipping.net • A description of the copyrighted work that you claim has been infringed, including enough information to locate the specific place on our App or Website where the material is located. Please include enough information to locate the material and explain why you think an infringement has taken place;
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. Third-Party Interactions On The CrowdShipping Platform, including on our Website, you may enter 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 Website or App. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, are solely between you and the applicable third party. CrowdShipping 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. CrowdShipping does not endorse any sites on the Internet that are linked through the Website or App, and in no event shall CrowdShipping or its licensors be responsible for any content, products, services, or other materials on or available from such sites or Third-Party providers. CrowdShipping provides the Website and App to you pursuant to these Terms and 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. CrowdShipping has no responsibility or liability arising from any agreements between you and such Third-Party providers. CrowdShipping may rely on third-party advertising and marketing supplied through the Website or App and other mechanisms to subsidize the Website or App. 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. CrowdShipping reserves the right to charge you a higher fee for access to the Platform should you choose not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on CrowdShipping’s Website located at: https://crowdshipping.net
SMS Messaging
All our Users are automatically opted-in to receive SMS messages when signing up for our App and must agree to receive SMS messages in order to use our Platform and receive or provide Delivery Services via the App and data rates may apply. If you change your mobile phone service provider all SMS messaging services from CrowdShipping may be deactivated. CrowdShipping reserves the right to cancel SMS messaging services at any time.
Notices to You
CrowdShipping may give Users general notice regarding the Platform, these Terms, Driver (Provider) or Shippers Agreements, or otherwise via electronic mail to your email address on record in CrowdShipping’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in CrowdShipping’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to CrowdShipping (such notice shall be deemed given when received by CrowdShipping) at any time by email or letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to: CrowdShipping, Attention: VP, Operations.: 5520 Lilburn Stone Mountain Road, Ste. A-4, Stone Mountain, GA 30087
Assignment
You may not assign your responsibilities, duties, and obligations (or any portion thereof) as set forth in these Terms, including in any Driver (Provider) or Shipper Agreement, as applicable, to any party without the prior written approval of CrowdShipping in each instance. Any purported assignment in violation of this section shall be void.
Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that none of the Website, App, any technical data related thereto, or any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations. By using the Platform, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
General
No joint venture, partnership, employment, or agency relationship exists between you, any other User, CrowdShipping, or any Third-Party provider as a result of a User entering into a Driver (Provider) or Shipper Agreement, their use of the App, or their providing or receiving Delivery Services via the App. If any provision of these Terms or any Driver (Provider) or Shipper Agreement is held to be invalid or unenforceable, such provisions shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these Terms, and the remaining provisions shall be enforced to the fullest extent under law. The failure of CrowdShipping to enforce any right or provision in these Terms, any Driver (Provider) or Shipper Agreement shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by an authorized person from CrowdShipping in writing. Unless CrowdShipping has entered into a separate written
Agreement with a User addressing their access or use of our Platform or App or the Delivery Services, these Terms, and all agreements and documents referenced herein, including without limitation the Driver (Provider) and Shippers Agreements, comprise the entire agreement between our Users and CrowdShipping superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and CrowdShipping regarding a User’s use of and access to the CrowdShipping Platform, Web, App, and Delivery Services. If you have entered into CrowdShipping’s Dispute Resolution and Arbitration Agreement you acknowledge that document also is part of CrowdShipping’s agreement regarding your use of CrowdShipping’s Application.
CrowdShipping Driver (Provider) Agreement
This CrowdShipping Driver (Provider) Agreement is a part of these Terms and Conditions (“Terms”) and is incorporated herein by this reference. By using and accessing our Platform and agreeing to provide Delivery Services, each Driver (Provider) agrees, represents, warrants, acknowledges, and agrees that;
Driver (Provider) IS SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITY, WHICH RESULTS FROM OR IS ALLEGED AS A RESULT OF THE OPERATION OF THE VEHICLE, CARRYON, LUGGAGE, OR CONTAINER USED DURING A TRIP, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURIES, DEATH AND PROPERTY DAMAGES
Driver (Provider) is responsible for and will make all necessary contacts with insurance carriers in the event of accidents or claims against a Driver (Provider) insurance policy for damage or injury during a Trip.
CrowdShipping Senders Agreement
This Shippers Agreement is a part of these Terms & Conditions (“Terms”) and is incorporated herein by this reference. By using and accessing our Platform and requesting Delivery Services, each Shipper agrees, represents, warrants acknowledges, and agrees that:
NOTE: All personal information should be entered in the appropriate sections indicated in the App.
Promotions
CrowdShipping may at intervals offer promotions with promo codes or discounts to be used on CrowdShipping platforms to purchase services. These promotional codes or discounts are CrowdShipping’s own way of rewarding its customers. Rewards, discounts or promos vary in value CrowdShipping. A valid promo code will expire if it is not used to purchase one of our Delivery Services in the maximum time allowed. Promo Codes or Discount Codes gotten through unauthorized means will be disallowed. CrowdShipping promo and discount codes are service credits with a cash value. CrowdShipping reserves the right to discontinue these Promotional codes at any time.
CrowdShipping Dispute Resolution by Arbitration
YOU CONSENT TO READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES THAT YOU ARBITRATE DISPUTES WITH CROWDSHIPPING CORPORATION AND LIMITS THE OPTIONS YOU MAY HAVE AS YOU SEEK RELIEF IN DISPUTE RESOLUTION. THE PART OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
Scope
You agree that any dispute or claim arising from the use of CrowdShipping Platform Services as a customer, Driver (Provider), user, delivery provider, or community member to access any Third Party platform or services, for advertising, communication, products, or services sold or distributed through the Services that you received as a customer through our Platform, App or Website or to any aspect of your relationship or transactions with other businesses as a community member, customer or user of our Services will be settled by this Arbitration Agreement, rather than in a court of law or before a judge. Other instances may create an exception to this rule, for instance: (a). You may decide to file a claim in small claims court; those claims can only go forward on an individual basis (no attorney representation, no tort or class action) and (b). You may also decide to see relief or remedy on behalf of your business or yourself in court for business or intellectual injury or misuse of intellectual property rights (such as trademarks, technology content, marketing secrets, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive all claims prior to the Effective Date of this Agreement.
IF CASES ARE PENDING AGAINST CROWDSHIPPING IN COURT(S), BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES
Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at 5520 Lilburn Stone Mountain Road, Stone Mountain, GA, 30087. You may call JAMS at 800-352-5267. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com. Payment of all filing, administration, and arbitration fees will be governed by JAMS rules. If the arbitrator finds that you cannot afford to pay JAMS’ filing, administrative, hearing or other fees and cannot obtain a waiver of fees from JAMS, the CrowdShipping will pay them for you. In addition, the Company will reimburse all such JAMS’ filing, administrative, hearing, and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at a mutually agreed on location. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The arbitrator will convene conference calls or meetings conducive to all parties involved to issue, declare or announce a written decision describing the essential findings and conclusions on which any award decision is based, including the calculation of any damages awarded. The arbitrator shall be guided and follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and CrowdShipping.
WAIVER OF TRIAL BY JURY. PLEASE KNOW THAT YOU AND CROWDSHIPPING WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO LITIGATE IN COURT AND RECEIVE A JUDGE OR JURY BY YOUR PEER’S TRIAL.
You and CrowdShipping in the alternative agree to have all claims and disputes resolved by arbitration, except as specified in section Scope(a) above. The arbitration process as outlined in JAMS does not provide for a judge or jury trial, and a court review of a settled arbitration is very limited. Waiver of Class Action Lawsuits and Other Litigations with Public Interests. YOU AND CROWDSHIPPING AGREE TO WAIVE ANY RIGHT TO SUE IN FAVOR OF RESOLVING PENDING CLAIMS WITH THIS ARBITRATION AGREEMENT ON A CLASS, GROUP ACTIONS, OR TORTS LAWSUITS BROUGHT FORT BY LAWYERS OF CLAIMANTS. IN VIEW OF THIS ARBITRATION AGREEMENT ALL CLAIMS AND DISPUTES YOU MAY SEEK OR ARE SEEKING SHALL BE ARBITRATED BY AN INDIVIDUAL CLAIMANT AND NOT BY CLASS ACTION LITIGATION. NOTE THAT NO CLAIM WILL BE ARBITRATED JOINTLY BY A GROUP OR CLASS.
If this waiver of rights does not insufficient to address the concerns of groups or joint grievances by class or tort, the parties or claimant may elect not to use this arbitration process set forth in this agreement and should instead make such claims in the court of law. Opting Out of the Arbitration Agreement. You may opt out of this Arbitration Agreement. All the parties to this Agreement, you and CrowdShipping, agree not to force or compel the other to arbitrate. To opt-out this Arbitration Agreement, you must notify the CrowdShipping in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your CrowdShipping username, the email address you used to set up your CrowdShipping account, and a simple message that says, “I OPT-OUT” OF THIS ARBITRATION AGREEMENT. You must send the opt-out notice to: support@crowdshipping.net. Opting out of this Arbitration Agreement does not affect any other parts of the CrowdShipping Terms and Condition Agreement. All users of the Platform will still be subject to ALL existing Agreements. Moreover, opting out of this Arbitration Agreement does not affect any other arbitration agreements that you may have entered with us or may enter with us in the future. NOTHING IN THIS AGREEMENT SHALL SURPASS, CHANGE, CANCEL OR INVALIDATE THE TERMS OF ANY OTHER AGREEMENT(S) BETWEEN YOU AND CROWDSHIPPING, AS IT RELATES TO CROWDSHIPPING EMPLOYEES, DELIVERY PROVIDERS, Driver (Provider), CONTRACTORS AND USERS. IT IS IMPORTANT TO NOTE THAT IF YOU ARE A Contractor, OPTING OUT OF THE ARBITRATION AGREEMENT, AS DESCRIBED ABOVE, HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH CROWDSHIPPING. Survival of this Arbitration Agreement. This Arbitration Agreement will survive even after you end your relationship with CrowdShipping. Future change to this Arbitration Agreement. If there is a material change to this Agreement by CrowdShipping in the future, it will not affect ongoing or pending claims being adjudicated by the existing arbitration process.
CrowdShipping Third-Party Relationship
Third-Party Websites, Platforms, Applications, and Marketing Publications
The services of Third Parties are the sole property of Third Parties. When you click on the link to a Third-Party Website, ThirdParty Application or Third-Party Marketing publication, CrowdShipping will not give you prior notification that you are leaving CrowdShipping’s Website, App, or Platform and will not warn you that you are subject to the Terms and Conditions, including Privacy Policies, of a Third Party website or platform. Such third-party Website’s Marketing Publications, like promotions, discounts, and advertisements are not under the control of CrowdShipping. CrowdShipping will not be responsible for any of the products, services, marketing designs, and publications. CrowdShipping does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Platforms, Websites, Applications, Marketing Publications, or their products or services. You agree that your use of these Third-Party platforms is at your own risk. We strongly advise that you carefully analyze, inspect and scrutinize the terms, disclosures, and privacy policies of Third-Party Providers, before using their products and services
NOTICE REGARDING APPLE
You acknowledge that this Agreement is between you and CrowdShipping only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation to provide any maintenance or service support with respect to the working of the App. If for any reason the App fails, for the purposes warranty, we recommend you call Apple to inform them about purchase defects and possible refunds. Besides this remedy, Apple has no other known warranty obligation to the user with respect to the App. Apple is not responsible for addressing any claims by you or any third party as it relates to the use of the App including, but not limited to: (i) product liability claims; (ii) any claim that Apple fails or declines to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any Third-Party claim or ThirdParty Intellectual property rights violations arising from the use of the application in your possession. If necessary, you agree to comply with all applicable third-party terms, when using the App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Terms and Condition Agreement, and upon your acceptance of this Terms and Condition Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms and Condition Agreement against you as a third party beneficiary of this Terms and Condition Agreement. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government sanctions, embargo or that which has been designated by the U.S. Federal Government as a “terrorist or state sponsor of terror” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Social Media Guidelines
CrowdShipping maintains certain social media pages for the benefit of the CrowdShipping community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our Social Media Community Guidelines:
Delivery of Alcohol and Tobacco
A Driver (Provider) must be 21 years of age to undertake any Route containing tobacco and alcoholic products. A Driver (Provider) on Route for the delivery of tobacco and alcoholic beverages must request a valid, government-issued identification to confirm that the receiver is 21 years of age at the minimum. Examples of valid, government-issued IDs are Driver (Provider)’s licenses, Passports, U.S. military IDs, and Permanent Resident Cards. When delivering an item involving all alcoholic beverages, a Driver (Provider) must be vigilant to establish that the receiver is not conspicuously drunk or intoxicated before delivering the Items. Most States in the United States have laws prohibiting the delivery of alcoholic beverages to anyone who is visibly intoxicated. Driver (Provider), on the CrowdShipping platform, is strongly advised to pay extra attention to this in order not to become personally liable for breaking the Law.
Signs of Intoxication commonly referred to as drunkenness
Serving alcohol to a visibly intoxicated person is against the law. If you can tell on sight that a person has been drinking or using other drugs, the person is visibly intoxicated. If a person shows a combination of several signs that could be a strong indication that the person is intoxicated. Remember that intoxication can result from the use of drugs other than alcohol.
IF YOU’RE NOT SURE OF WHAT TO DO, DON’T DELIVER THE ITEM, CONTACT CROWDSHIPPING SUPPORT.
Appearance
1. Bloodshot, glassy, or watery eyes
2. Flushed face
3. Droopy eyelids
4. Blank stare or dazed look
5. Twitching or body tremors
6. Disheveled clothing Speech
7. Thick, slurred speech
8. Loud, noisy speech
9. Speaking loudly, then quietly
10. Rambling train of thought
11. Unusually fast or slow talking
12. Slow response to questions or comments
13. Repetitive statements
14. Bravado, boasting
15. Making irrational statements Attitude
16. Annoying other guests and employees
17. Argumentative
18. Aggressive or belligerent
19. Obnoxious or mean
20. Inappropriate sexual advances
21. Overly friendly to other guests or employees
22. Boisterous Behavior
23. Swaying, staggering, or stumbling
24. Unable to sit straight Behavior (cont.)
25. Careless with money
26. Difficulty making change
27. Restless
28. Depressed or sullen
29. Crying or moody
30. Extreme or sudden change in behavior
31. Overly animated or entertaining
32. Crude, inappropriate speech or gestures
33. Drowsiness or falling asleep
34. Lack of focus and eye contact
35. Difficulty standing up
36. Unusual walk
37. Can’t find mouth with a glass
38. Falling or falling off the chair
39. Difficulty lighting cigarettes
40. Lighting more than one cigarette
41. Clumsy
42. Difficulty remembering
43. Spilling drinks
44. Disoriented
45. Agitated, anxious
46. Grinding teeth
47. Vomiting Other
48. Odor of alcohol, marijuana, or chemicals
49. Excessive perspiration
50. Repeated trips to rest room or outside area.
In any event, if the Driver (Provider) is unable to complete the delivery of alcohol or tobacco products for one or more of these reasons, you will be charged a $20 re-stocking NON-REFUNDABLE fee.
Indemnification
You agree to indemnify and hold harmless CrowdShipping officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of CrowdShipping App or Platform; (c) your breach of this Terms and Condition Agreement or any representation, warranty or covenant in this Terms and Condition Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the CrowdShipping App or Platform. In the event of any disputes, claim, complaints, litigations, or court actions relating to parts of this Terms and Condition Agreements, you agree that you will be responsible for paying the cost or charges by the defense team of the Indemnified Party, and or other charges that may arise. You agree that the provisions in this Terms and Condition Agreement shall remain even after your account with CrowdShipping ceases to exist.
CrowdShipping Disclaimer Statement and Warranties Statement:
CROWDSHIPPING DOES NOT OPERATE AN ERROR-FREE APP, PLATFORM, WEBSITE, OR SERVICE. WITH THIS IN MIND, THE SOFTWARE, APP, PLATFORM, AND WEBSITE SERVICES ARE PROVIDED “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESSLY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INVOLVEMENT. THE AUTHORS OR COPYRIGHT HOLDERS SHALL AT NO TIME BE LIABLE FOR ANY CLAIM, DAMAGES, OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. CROWDSHIPPING APP, PLATFORM, WEBSITE AND SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IN ANY EVENT THE SOFTWARE FAILS AND RESULTS IN LOSS OF SERVICE DUE TO MAINTENANCE ISSUE OR BREAKDOWN OF SERVICE BEYOND OUR CONTROL, WHICH MAY LEADS TO EQUIPMENT OR DATA, CROWDSHIPPING SHALL NOT BE RESPONSIBLE FOR THOSE FINANCIAL LOSS.
Internet Delays
The Platform, App, and Website may be subject to internet delays and other limitations. CrowdShipping is not responsible for any communication delays, delivery failures, App loading slowly, or damage, loss or injury resulting from such problems
Breach and Limitation of Liability
(a) General.
You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient and to provide the Platform Services at a low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section to keep the Platform Services simple and efficient, and low costs, for all users.
(b) Cap on Liability.
BY LAW CROWDSHIPPING TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO CROWDSHIPPING IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT LEADING TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO ALL CUSTOMERS AND USERS OF THE CROWDSHIPPING PLATFORM.
(c) Disclaimer of Certain Damages.
AS THE LAW PERMITS, CROWDSHIPPING SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY PENALTY, EXCLUSIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, ANY FINANCIAL LOSS, ECONOMIC HARDSHIP, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, AND ECONOMIC ADVANTAGE).
Exclusive Venue
The parties are permitted under this Terms and Condition Agreement to initiate litigation in a court, both you and CrowdShipping agree that all claims and disputes arising out of or relating to the Terms and Condition Agreement will be litigated exclusively in the state or federal courts located in Gwinnett County if live in Georgia, and in the United States District Court for the District in which you reside if you do not reside in Georgia
Termination
If you violate this Term and Condition Agreement, CrowdShipping may respond based on several factors including, but not limited to, the severity of your actions and whether this is a pattern of harmful behavior. Furthermore, at its sole discretion, CrowdShipping may re-customize, correct or revise or terminate access to the App or Platform Services, for any reason, with or without notice to you and without liability to you or any Third Party. In addition to suspending or blocking your access to the Platform Services, CrowdShipping has the right to take reasonable legal action, in addition to but not limited to filing civil, criminal, or injunctive lawsuits. The Term and Condition Agreement will remain in effect against you after your access to the platform has ended. All provisions in this Agreement which by their nature should remain to give effect to existing provisions shall survive the termination of this Agreement.
Copyright Infringement
CrowdShipping shall halt any User, Driver (Provider), Customer or Community member’s privileges who infringes on copyright repeatedly once it comes to the attention of CrowdShipping by the copyright owner or the copyright agent. Without this in mind, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing;
(d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Crowdshipping: support@crowdshipping.net for notice of claims of copyright infringement
General
(a) No Joint Venture or Partnership
No joint venture, partnership, employment, or agency relationship exists between you, CrowdShipping, or any Third-Party provider as a result of this Term and Condition Agreement or use of CrowdShipping App, Platform or Website.
(b) Choice of Law
This Agreement is governed by the laws of the State of Georgia consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
(c) Severability
Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. (d) Consumer Complaints. You may report complaints to: http://consumer.georgia.gov/consumertopics/filing-a-complaint or call Georgia Consumer Protection: at 1800-869-1123
(e) Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):
(1) You acknowledge and agree that (i) the Agreement is concluded between you and CrowdShipping , and not Apple, and (ii) CrowdShipping , only, not Apple, is solely responsible for the App Store Sourced Application and content thereof. You must agree and comply with the App Store Terms of Service.
(2) You agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(3) In the event of failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and to the fullest extent allowed by law, Apple will have no other warranty obligation with respect to the App Store Sourced Application. Any disputes, claims, financial losses, product liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, by using the App Store to source the CrowdShipping App, will be the sole responsibility of CrowdShipping .
(4) Just as the relationship between You and CrowdShipping and that between CrowdShipping and Apple, Apple is not responsible for responding to any claims you have or any claims of any Third Party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(5) CrowdShipping and You accept that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that Third Party’s intellectual property rights, as between CrowdShipping and Apple, CrowdShipping, only, not Apple, is responsible for the investigation, legal defense, arbitration, settlement and discharge of any intellectual property infringement claim as outlined in that provision or Agreement.
(6) CrowdShipping and You acknowledge and agree that Apple, and Apple’s subsidiaries, are Third-Party recipients of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Terms and Conditions, Apple will have the right to enforce the Terms and Agreement as related to your license of the App Store Sourced Application against you as a Third-Party recipient thereof.
(7) Without limit, you must comply with all applicable Third-Party terms of agreement when using the App Store Sourced Application.
(f) Notice
CrowdShipping depend upon you providing the right and current email address, you are responsible for providing CrowdShipping with your most current email address. CrowdShipping’s dispatch of the email containing changes to existing Terms and Conditions to a faulty or expired email provided by you will still constitute effective notice. You may give notice to CrowdShipping at: support@crowdshipping.net, Such notice shall be deemed given on the next business day after such email is received by CrowdShipping .
(g) Electronic Communications
For contractual purposes, you (1) consent to receive communications from CrowdShipping in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CrowdShipping provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current.
(h) Transfer and Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by CrowdShipping without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
(i) Entire Agreement
This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or alter the terms of any separate Contract and or Agreement(s) between you and CrowdShipping relating to your relationship as a vendor, Independent Contractor, Driver (Provider), or Delivery Provider.
Contact Information
You may contact: CrowdShipping Corporation.
13010 Morris Road,
Ste. 648. Alpharetta, GA 30004.
Support@crowdshipping.net, Admin@crowdshipping.net
Telephone Number: +18006727316CROWDC
