These Terms of Service ("Terms") govern your access or use of the applications, websites, content, products, and services (the "Platform Services," as more fully defined below in Section 2) made available by Bringoz, Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "Bringoz” or “we” or "Company"). Please read these Terms carefully, as they constitute a legal agreement between you and Bringoz. In these Terms, the words "including" and "include" mean "including, but not limited to."
These Terms apply to persons anywhere in the world who use our Platform Services or otherwise provide us with information in relation to the Platform Services (“Users”). Unless expressly stated otherwise, all of the terms and conditions set forth in these Terms apply the same to all Users, including drivers who use our platform to arrange to pick-up, distribution carry, or drop-off items (“Drivers”) and individuals, businesses, and corporations who use our platform to request a delivery, on-demand, or any other delivery service (“Shippers”).
The parties "Driver", "User", Shipper”and "Company" and pronouns relating thereto, as used herein, shall include male, female, singular and plural, corporation, partnership or individual, as may fit the particular parties.
In addition to the terms and conditions set forth herein, both Drivers and Shippers are subject to and must abide by the Bringoz Privacy Statement and Drivers are additionally subject to and must abide by the Bringoz Drivers’ Policies posted on the Courier App or a link that will be provided on the Bringoz platform. The Bringoz Privacy Statement and Bringoz Drivers Policy are incorporated into these Terms and made a part hereof by reference.
These Terms expressly supersede prior agreements or arrangements with you. Bringoz may immediately terminate these Terms or any Platform Services with respect to you, or generally cease offering or deny access to the Platform Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain services offered as part of the Platform Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate, specific, disclosures (e.g. via direct email, push notification or text message or in connection with the applicable service(s). Supplemental terms that are not in conflict with these Terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable service(s). These Terms shall prevail over any such supplemental terms in the event of an ambiguity or conflict with respect to the applicable service(s).
Bringoz may amend the Terms from time to time. Amendments will be effective upon Bringoz’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.
BY ACCESSING OR USING THE PLATFORM SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE, AND SHOULD NOT USE, THE PLATFORM SERVICES.
Through its Platform Services, Bringoz provides a platform that connects Shippers and Drivers. Bringoz is not a party in any way to any delivery arrangement made between a Shipper and Driver through the Platform Services (each delivery arrangement, a “Delivery Task”). The Platform Services are primarily accessible through our mobile application for Shippers (“App”), mobile application for Drivers (“Drivers App”), website (“Site”) and our Web platform ("Web App"). Depending on functionality, the modality of the way to access the services will differ.
The Platform Services use technological means to allow communication between Shippers and Drivers, including but not limited to GPS location services, push notifications, text messages, notifications about pick-up and delivery of parcel/s, and more—including a management system for business Users.
Bringoz provides Users access to their personal Account (as defined below in Section 4) management area.
The Platform Services provided by Bringoz may change from time to time, at Bringoz’s sole discretion.
The Platform Services will only be available in certain geographic regions, and in certain locations only some of the Platform Services may be available, these to be decided according to Bringoz’s activities and at our sole discretion. Existing and new regions will be updated from time to time. For any updates check the Site or contact email@example.com BRINGOZ DOES NOT PROVIDE TRANSPORTATION SERVICES; WE ARE NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY DRIVER OR VEHICLE OPERATOR TO OFFER AND PROVIDE THE PICK-UP, CARRY, AND DELIVERY SERVICES, WHICH WILL BE SCHEDULED THROUGH USE OF OUR PLATFORM SERVICES. BRINGOZ PROVIDES INFORMATION AND A METHOD TO OBTAIN THE PICK-UP, CARRY, AND DELIVERY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. BRINGOZ HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY, AND DELIVERY SERVICES PROVIDED TO YOU THROUGH OUR PLATFORM SERVICES OR FOR ANY DRIVER OR SHIPPER NOT HAVING THE PROPER AUTHORITY TO ENTER INTO THE DELIVERY TRANSACTION.
2.1 Drivers as Independent Contractors
The Drivers who provide Shippers with pick-up, carry, and delivery services are in all cases independent contractors contracting with Shippers. Drivers are not under the supervision or management of Bringoz with respect to any aspect of pick-up, carry, distribution and delivery services provided to Shippers. Drivers are individually and solely responsible for possessing all licenses and permits required by law to allow them to provide the pick-up, carry, and delivery services. Bringoz makes no representation and has no responsibility regarding whether Drivers are suitable, permitted or licensed to provide pick-up, carry, and delivery services. Drivers are not representatives of Bringoz nor does Bringoz represent the Drivers in any way. Bringoz only provides the Platform Services to provide a connection between the Drivers and the Shippers under certain Delivery Task terms and is not involved in the pick-up, carry, and delivery that transpires.
2.2 No Driver or Shipper Screening
Bringoz does not conduct screening or background checks on any Driver or Shipper for the purposes of allowing them to use our Platform Services.
Notwithstanding the above, Bringoz reserves the right to begin conducting such checks and screenings of all Users at any time as it deems appropriate in its sole discretion, including but not limited to verification of identities, criminal and other background checks (at the Country, State and local level as we deem necessary or appropriate). Bringoz also reserves all rights to use such third party services to run such checks and processes as we deem appropriate in our sole discretion. By registering and using the Platform Services, each User consents to Bringoz conducting one or multiple screening process(es) and/or background check(s) on such User or other Users that Bringoz deems advisable or necessary, and as otherwise may be required for compliance with federal and state laws.
ALL INTERACTIONS BETWEEN USERS ARE AT THE USERS’ RISK WHETHER OR NOT BRINGOZ CONDUCTS A BACKGROUND CHECK ON A USER OR ANY CATEGORY OF USER.
2.3 Third Party Services and Content
Additionally, Apple Inc., Google, Inc., Microsoft Corporation, or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Platform Services in any manner. Your access to the Platform Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.
Bringoz will use commercially reasonable efforts to have the Platform Services available, but makes no representation or warranty that a User’s access to and use of the Platform Services will be uninterrupted or error-free.
Users are responsible for obtaining the data network access necessary to use the Platform Services. Your mobile network's data and messaging rates and fees may apply when you access or use the Platform Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform Services and any updates thereto. Bringoz does not guarantee that the Platform Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform Services may be subject to malfunctions and delays inherent in the use of the Internet, mobile, roaming, and electronic communications.
Neither Bringoz, nor anyone on Bringoz’s behalf, will be responsible for any damage or loss— direct or collateral—that may be caused by inability to access the Platform Services, for any reason including interferences or lack of service in the required data network or by any bugs, viruses, or other attacks on the Bringoz platform.
2.5 Intellectual Property Rights Ownership
The Platform Services and their entire assets, design, patterns, code, data contents, features, functionality, and other intellectual properties (including but not limited to all copyrights, registered or unregistered trademarks, domains, business information, technological information, software, text, displays, names, logos, graphic design attributes, graphic files, images, video, User feedback, and audio involved in the operation of the Platform Services; and the design, selection, and arrangement thereof) (collectively, the “Intellectual Property”) are owned by Bringoz, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You have no right to use or reproduce the Intellectual Property other than as set forth in these Terms. For clarification, neither these Terms nor your use of the Platform Services convey or grant to you any rights: (i) in or related to the Platform Services except for the limited license set forth in these Terms; or (ii) to use or reference in any manner Bringoz’s or Bringoz licensors’ company names, logos, product and service names, trademarks or service marks, whether or not they are registered.
Subject to your compliance with these Terms, Bringoz grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the App, Drivers App, Web App, or Site (as is) on your personal Account (as defined below in Section 4) solely in connection with your use of the Platform Services; and (ii) access and use any content, information, and related materials that may be made available through the Platform Services. Bringoz may revoke this license at any time and for any reason upon notice to you, which may be given by restricting your access to the Platform Services. Any rights not expressly granted herein are reserved by Bringoz.
In order to use most aspects of the Platform Services, you must register for and maintain an active personal user services account or personal Driver account ("Account"). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Bringoz certain personal information, such as your name, address, mobile phone number, Facebook login and age, as well as at least one valid payment method supported by Bringoz. By opening an Account, you warrant that the Account has been opened by you personally or by a 3rd party to whom you have directly dictated your details, and you have not opened the account in the name of or for anyone else.
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Platform Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Bringoz in writing, you may only possess up to one user services Account and one Driver Account. Signup for an Account does not require payment; payment is only charged to a Shipper upon placing and approval of a delivery order. Browsing on the Site does not require an Account.
BRINGOZ RESERVES THE RIGHT TO BLOCK OR BAN USER ACCOUNTS FROM THE APP, DRIVERS APP, WEB APP, AND/OR SITE AT BRINGOZ’S SOLE DISCRETION.
4.2. Cancellation of Account
These Terms will act as an agreement between User and Bringoz from the time your Account was created or when you installed or used the App, Drivers App, Web App, and/or Site, whichever happened first, and until either side cancels the Account.
If, at any time, you wish to cancel your Account, please convey this request by email to firstname.lastname@example.org. Cancellation will be effective when you receive notification from Bringoz that we have received and approved your request. In the event that Bringoz decides to cancel your Account, we will try to notify you via email to the address provided by you in your Account details or by blocking your access to the App, Drivers App, Web App and/or Site. With cancellation of your Account you are requested to uninstall the App or Drivers App from your mobile device and to refrain from using the App, Drivers App, Web App, and/or Site immediately.
The Platform Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account. No Driver may allow any third party, regardless of age, to engage in the pick-up, carry, distribution or delivery of delivery items. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Platform Services, and you may only access or use the Platform Services for lawful purposes (e.g. no transportation of illegal materials or legal goods obtained or held unlawfully). You may not in your access or use of the Platform Services cause nuisance, annoyance, inconvenience, or property damage, whether to another User or any other person or entity. In certain instances you may be asked to provide proof of identity to access or use the Platform Services, and you agree that you may be denied access to or use of the Platform Services if you refuse to provide proof of identity.
Users must hold their Account information confidential and must use their account via Web App or the mobile apps which will be installed on User’s personal mobile phone.
If an Account is hacked and/or details stolen or used without User’s knowledge, User’s mobile phone is stolen, or information security is breached in any other way, the User is responsible for notifying Bringoz immediately at email@example.com. The User will be responsible for any damage and/or loss caused to Bringoz or to any third parties due to misuse of the Account details.
Bringoz is not and will not be responsible for any damage, direct or collateral, in any of the above instances which are in violation of the Terms or if a User’s mobile phone was stolen.
Taking all of the above into account, regarding the App, Drivers App, Web App, and/or Site, Users are completely and utterly forbidden from and shall not:
Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform Services or any content therein;
Decompile, reverse engineer, or disassemble the Platform Services except as may be permitted by applicable law; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform Services; attempt to gain unauthorized access to or impair any aspect of the Platform Services or its related systems or networks; Link to, mirror, embed, or frame any portion of the Platform Services; Infringe upon the privacy of any other Users or third parties; Infringe upon the intellectual property of Bringoz, other Users, and/or any third parties, whether directly or indirectly. This includes copyrights, names, logos, trade secrets and business information learned by use of the App, Drivers App, Web App or Site, design of the App, Drivers App, Web App or Site, technical information involved in use of the programs, methods, systems, data, written materials, and/or any other information included in them, including design and graphic materials; Act in any way which may be interpreted as slander, defamation, abuse, harassment, stalking, threatening, or in any other way imposing upon the rights of others, whether Users or third parties; or upload illegal content via the App or Drivers App: containing hate, offensive or pornographic content, or content that is in any other way not appropriate for any other reason; Use the Platform Services for any illegal purposes or use the Platform Services to connect with other Users for any illegal purposes; Plant, by use of the App, Drivers App, Web App or Site, any virus, trojan horse, time bomb, bug, or any computer code, files, or other programs which can cause damage or whose intent is to cause damage and to gain control of any hardware, software program, communication equipment, code, or component, which will delay, divert, or harm or has the potential to cause damage or causes interference or are intrusive; Use the App, Drivers App, Web App, or Site to forward marketing messages (spam) without the express approval of Bringoz; Access or attempt to access, directly or indirectly, any part of the App, Drivers App, Web App, and/or Site which requires a password, without having received a password from Bringoz; or stop or attempt to stop the security measures for the App, Drivers App, Web App, or Site; Access without permission or attempt to gain access without permission to the any part of the App, Drivers App, Web App, Site, Platform Services, or User Accounts including email or Facebook accounts linked to the User Accounts; or to devices, computer systems, telephony systems, or other networks connected to the Site; Gather information about other Users without the prior express permission of the Users and Bringoz; Develop or assist in developing a third party program, automation software, or any other software whose purpose is to disrupt the ongoing activity of the App, Drivers App, Web App, and/or Site; Impersonate a person or other entity, as a carrier, courier, driver, agent, or representative of Bringoz or in any other way, to falsely present or to incorrectly represent in any other way your connection with any other person or entities; or Transfer or assign your Account password to a third party, even temporarily.
Decompile, reverse engineer, or disassemble the Platform Services except as may be permitted by applicable law; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform Services; attempt to gain unauthorized access to or impair any aspect of the Platform Services or its related systems or networks;
Link to, mirror, embed, or frame any portion of the Platform Services;
Infringe upon the privacy of any other Users or third parties;
Infringe upon the intellectual property of Bringoz, other Users, and/or any third parties, whether directly or indirectly. This includes copyrights, names, logos, trade secrets and business information learned by use of the App, Drivers App, Web App or Site, design of the App, Drivers App, Web App or Site, technical information involved in use of the programs, methods, systems, data, written materials, and/or any other information included in them, including design and graphic materials;
Act in any way which may be interpreted as slander, defamation, abuse, harassment, stalking, threatening, or in any other way imposing upon the rights of others, whether Users or third parties; or upload illegal content via the App or Drivers App: containing hate, offensive or pornographic content, or content that is in any other way not appropriate for any other reason;
Use the Platform Services for any illegal purposes or use the Platform Services to connect with other Users for any illegal purposes;
Plant, by use of the App, Drivers App, Web App or Site, any virus, trojan horse, time bomb, bug, or any computer code, files, or other programs which can cause damage or whose intent is to cause damage and to gain control of any hardware, software program, communication equipment, code, or component, which will delay, divert, or harm or has the potential to cause damage or causes interference or are intrusive;
Use the App, Drivers App, Web App, or Site to forward marketing messages (spam) without the express approval of Bringoz;
Access or attempt to access, directly or indirectly, any part of the App, Drivers App, Web App, and/or Site which requires a password, without having received a password from Bringoz; or stop or attempt to stop the security measures for the App, Drivers App, Web App, or Site;
Access without permission or attempt to gain access without permission to the any part of the App, Drivers App, Web App, Site, Platform Services, or User Accounts including email or Facebook accounts linked to the User Accounts; or to devices, computer systems, telephony systems, or other networks connected to the Site;
Gather information about other Users without the prior express permission of the Users and Bringoz;
Develop or assist in developing a third party program, automation software, or any other software whose purpose is to disrupt the ongoing activity of the App, Drivers App, Web App, and/or Site;
Impersonate a person or other entity, as a carrier, courier, driver, agent, or representative of Bringoz or in any other way, to falsely present or to incorrectly represent in any other way your connection with any other person or entities; or
Transfer or assign your Account password to a third party, even temporarily.
Please note that any violation of the conditions above is a material violation of these Terms.
4.4. Information and Content Provided by Users
This Section 4.4 applies in the event that you, the User, distributes, shares or otherwise transfers textual content, visual content, audio content, or any other information via the App, Drivers App, Web App, Site, or other Platform Services. Content or information provided by Users may include any or all the information inserted when opening an Account, delivery order details, User feedback, messages between Users regarding services, submission of entries for competitions and promotions, the initiation of support requests, and more.
In this event the User agrees and warrants that the information will include full and exact details and that the information:
Will not infringe upon the intellectual property of Bringoz, other Users, and/or any third parties, whether directly or indirectly. This includes copyrights, names, logos, trade secrets and business information learned by use of the App, Drivers App, Web App, or Site; design of the App, Drivers App, Web App, or Site; and technical information involved in use of Bringoz programs, methods, systems, data, written materials, and/or any other information included in them, including design and graphic materials;
Will not include any content which may be interpreted as slander, defamation, abuse, harassment, stalking, threatening, or in any other way imposing upon the rights of others, whether Users or third parties; and will not include any content containing hate, offensive or pornographic content, or content that is in any other way not appropriate for any other reason;
Will not contain any virus, trojan horse, time bomb, bug, or any computer code, files or other programs which can cause damage or whose intent is to cause damage and to gain control of any hardware, software program, communication equipment, code, or component, which will delay, divert or harm or has the potential to cause damage or causes interference or are intrusive;
Will not include content which is in negation of any law, including marketing conventions; and
Will not contain an amount of data which creates a burden on the infrastructure of Bringoz which is out of the ordinary;
The User grants Bringoz a license to any content that the User has uploaded to Bringoz’s Platform Services. This license is free, global, non-exclusive, not subject to change, irrevocable, not subject to royalties, and with the permission to sub-license, present and transfer, use, copy, and distribute the content in any way or format that Bringoz finds applicable and at Bringoz’s sole discretion. Bringoz reserves the right to remove, block access, or completely delete any content as seen fit by Bringoz and without prior notification. User will have no right, complaint, suit, or demand against Bringoz due to such decisions or actions.
It is clear to the User that he/she is completely responsible for the content that he/she uploads; Bringoz will not be responsible in any way to defend the rights of the content creator nor will Bringoz be responsible for any damage, loss or expense that is caused by use of this information or content.
By agreeing to these Terms and using the Platform Services you consent that Bringoz may share all necessary Account details (including but not limited to name, phone number, and photo if uploaded) and delivery details to the Drivers in order to provide you the pick-up, drop-off carry, and delivery services ordered.
BRINGOZ RESERVES THE RIGHT NOT TO PUBLISH, TRANSMIT, OR UPLOAD MESSAGES, CONTENT, OR ANY ADDITIONAL INFORMATION AND/OR TO PREVENT ANY PERSONAL USE OF THE PLATFORM SERVICES FOR ANY REASON, ALL AT BRINGOZ’S SOLE DISCRETION.
By using our services you agree that Bringoz may contact you by email, telephone, Push notifications (which are direct notifications sent to your mobile phone or Web App, even when the Bringoz App is not currently open), or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Bringoz Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You also understand that you may opt out of receiving text messages from Bringoz at any time by sending an email request to firstname.lastname@example.org. You acknowledge that opting out of text messages may impact the functionality of the Platform Services or prevent your access to certain parts of the Platform Services. You also acknowledge that disabling push notifications on your mobile device will disable significant functionality of the Services.
4.6. Promotional Codes
Bringoz may, in its sole discretion, create promotional codes ("Promo Codes") that may be redeemed for discounts on future Platform Services and/or a third party provider's services, or other features or benefits related to the Platform Services and/or a third party provider's services, subject to any additional terms that Bringoz establishes. These terms are established here and/or on the App, Drivers App, Web App, and/or Site.
You agree that Promo Codes: (i) must be used for personal use, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Bringoz; (iii) may be disabled by Bringoz at any time for any reason without liability to Bringoz; (iv) may only be used once, pursuant to the specific terms that Bringoz establishes for such Promo Code; (v) are valid with payment by credit card only; and (vi) may expire prior to your use. Use of the promo code with your purchase will serve as your agreement to the terms for the Promo Code as well as your agreement to the Terms and any other applicable Bringoz policies.
Promo Codes have no monetary value and cannot be converted to money nor can they be used to cover outstanding charges. No change or refund will be given with use of a Promo Code. Promo Codes cannot be used at the same time as receiving an additional benefit unless specified by Bringoz.
Bringoz reserves the right to withhold the use of Promo Codes by you or any other user in the event that Bringoz determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of the Terms or other applicable Bringoz policies.
Bringoz reserves the right to discontinue a Promo Code, whether fully or partially, at any point in time at Bringoz’s sole discretion and without prior notification. Users will not be eligible for any discount or compensation in such a case.
Bringoz also reserves the right to make any changes in the terms of a Promo Code at the sole discretion of Bringoz. Significant changes to the terms will be updated on the App, Drivers App, Web App, and/or Site. Changes to terms that are made due to legal requirements will be updated and valid immediately and without any prior notice on the App, Drivers App, Web App or Site.
In the event that you have any trouble making use of the Promo Code discount, please contact us at email@example.com.
5. Bringoz Prohibited Items
Users will only use the Platform Services in connection with Delivery Tasks for items that an average person can carry. With respect to Delivery Tasks arranged through the Platform Services, Drivers on bicycles or motorcycles will only deliver items up to 30 pounds and Drivers with cars will only deliver items up to 50 pounds.
In the event where the Delivery Tasks ordered are higher than the above amounts, Shipper must notify Bringoz in order to be able to arrange for appropriate allocation of the Delivery Task (such as to a team of Driver + assistant).
In relation to a Delivery Tasks arranged through the Platform Services, Shippers will not send for delivery, and all Drivers will not knowingly accept, pick-up, carry, or deliver the following items (“Prohibited Items”):
People or animals of any size;
Human or animal biological substances, which shall include human or animal excreta, secreta, blood tissue, body tissue, organs, bone material, or bodily fluids, and other like materials.
Perishable pharmaceutical or other medical materials;
Cigarettes or any tobacco product, wine, beer, or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB);
Jewelry, precious stones, works of art, or items of similar lofty value;
Heirlooms or one-of-a-kind and like items;
Cash, coins, currency (including checks), postage stamps, negotiable instruments, money orders;
Items which cannot be readily reproduced or replaced;
Anything illegal, including recreational drugs and other contraband;
Dangerous items (firearms or weapons of any kind, firearm or weapon parts, ammunition, explosives, flammable materials, fireworks, etc.);
Goods whose reasonably estimated value is more than $125;
Any prescription or over the counter medicine that is being delivered to a person other than the purchaser or the prescription holder;
Any items for which you do not have permission to send given by the owner(s) of the item;
Any item which requires special refrigeration or other temperature control such that it could foreseeably be damaged or affected by a normal temperature for an air-conditioned passenger car (Unless specified otherwise);
Hazardous Materials (“HAZMAT”), which shall include any materials regulated under Title 49 of the Code of Federal Regulations (49 C.F.R.), United States Postal Service Publication 52, and/or the International Air Transport Association Dangerous Goods Regulations; and
Any items which Bringoz may add to this list at any time as per Bringoz’s sole discretion.
Please note that a major problem for many people is recognizing HAZMAT that may include common household items such as alcohol, or seemingly benign items like dry ice (solid carbon dioxide or CO2). All Users are encouraged to see complete listings or tables of HAZMATs by clicking on the following links: http://www.gpo.gov/fdsys/pkg/CFR-2008-title49-vol2/pdf/CFR-2008-title49-vol2-sec172-101.pdf; http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=b06b0719a68e8b14030dcfe816203647&mc=true&n=pt49.2.172&r=PART&ty=HTML.
Drivers reserve the right to refuse delivery of any item. Drivers may refuse to collect an item in the event that delivery of the package may violate these Terms, or for other reasons, including but not limited to: the package could potentially cause damage to other packages, equipment, or the Driver; the package is likely to sustain damage or loss during transit; carriage of the package may be in violation of local, state, or federal laws; or acceptance of the package may place in jeopardy Driver’s ability to provide service to another Shipper.
Drivers are obligated to refuse delivery of any item that could reasonably be considered a Prohibited Item. The Driver assumes complete responsibility if the Driver undertakes the delivery of a Prohibited Item and Bringoz will not, in any way, be a party to such an arrangement. If a Driver refuses to accept an item due to size or weight or because it is a Prohibited Item or for any other reason that could be considered the fault of the Shipper, a Shipper cancellation fee will apply.
To use the Platform Services, the Shipper must provide all the required shipping details, as detailed on the Site, Web App and App, to create the delivery order. Shipper also agrees to follow the shipping instructions in these Terms, any supplemental terms, or any other applicable Bringoz policies.
Shippers will respect the Drivers’ vehicles and make sure to follow instructions for this purpose, including but not limited to ensuring availability at pick-up and drop-off points. Shipper will respect Drivers’ personal safety and understands that while performing the Delivery Tasks, drivers’ personal safety is of utmost importance; driver will perform the delivery tasks according to instructions from Shipper while taking into consideration the necessary conduct for personal safety.
The price of the delivery secured through the Platform Services is subject to change depending on a number of variables including urgency, traffic, size, distance, type of vehicle carrying the delivery, weather, and force majeure, all based on the company’s sole discretion.
In the event that the Shipper has entered incorrect details for the delivery (size of item, address for delivery, etc), Bringoz will calculate the difference, either according to the dynamic automatic pricing or at Bringoz’s sole discretion, and this amount will be added to the service fee quoted at the time of placing the delivery order.
In the event that the Delivery Task information was incorrect and the Driver is unable to take the parcel, due to inappropriate vehicle, lack of space in the vehicle, or any other reason, there will be a cancellation fee applied for the original, incorrect, order. A new order will need to be placed with the correct information and the appropriate service fee will apply.
Bringoz, and any service providers acting on Bringoz’s behalf, reserve the right to refuse to connect between Shipper and a Driver, to cancel a delivery or to condition a delivery upon presentation of certain permits and/or documentation, as well as to cancel a delivery already in process, at Bringoz’s sole discretion. In the event that the Shipper has been charged, the service fee will be refunded and this will be the sole compensation to Shipper for the cancellation of delivery.
Bringoz is not responsible for the condition of any delivery item and clarifies that the Driver will deliver the item as is, as received upon pick-up without Driver’s inspection of the item.
Driver will aim to deliver item/s within the requested timeframe and so long as doing so will not compromise driver’s safety nor the safety of the items being delivered.
Once your delivery has been completed, your Credit Card will be charged and you will be sent a receipt via email.
6.1. Damaged or Lost Items
Bringoz is not responsible for the condition of an item shipped through the Platform Services and clarifies that the Driver will deliver the item as is, as received upon pick-up without Driver’s inspection of the item.
BRINGOZ WILL NOT BEAR RESPONSIBILITY FOR THE LOSS OF ANY DELIVERY ITEM OR DAMAGE TO ANY DELIVERY ITEM.
IN THE EVENT OF LOSS OF THE ITEM OR SIGNIFICANT DAMAGE THAT HAS BEEN CAUSED TO THE ITEM RESULTING FROM THE ACTIONS OR FAILURES OF THE DRIVER, THE DRIVER WILL COMPENSATE THE SHIPPER WITH THE AMOUNT OF UP TO 25 TIMES THE SERVICE FEE (FOR THE DELIVERY TASK INVOLVING THE AFOREMENTIONED ITEM), NOT TO EXCEED THE TOTAL AMOUNT OF $125.
Bringoz, at its sole discretion, may assist with the claim process for platform Users. Shippers can submit a claim for Driver compensation by completing the applicable Damage or Loss procedures specified in these Terms or on the App or Site. The claim must be made within 6 business days of the event. Bringoz will review the claim and respond to the email within 48 hours (this is not the timeframe within which the claim will be settled).
Shipper will send an email to firstname.lastname@example.org including the following information:
Date of the Delivery Task
Description of the item
Proof of the value of the item subject to the claim, regardless of the value declared
Any photos of the item prior to the pick-up & after the drop-off
In the case of a damaged item, Shipper should keep all of the packaging materials, as they may need to be examined as part of the damage or loss claims process.
Driver agrees to abide by the decision of Bringoz with regard to whether Driver is responsible for any claimed damage or loss. Driver will promptly provide payment in any manner reasonably requested by Bringoz for damage or loss claims for which Driver is deemed responsible, including that Bringoz may compensate the Shipper directly and demand the payment from the Driver or deduct it from Driver’s deposit.
Items that may be requested for delivery which have a higher value than the physical item being delivered such as phone cards, tickets, gift cards, and similar items: Drivers’ liability for deliveries containing phone card(s), ticket(s) (such as event or airplane ticket), gift certificate(s), coupon(s), or other similar printed matter with an exchange value is limited to the cost of replacing the physical card(s), certificate(s), or printed matter. Drivers are not liable for the face value of any phone card, gift certificate, gift card, coupon or similar printed matter.
6.2. Packaging Requirements
Shipper will be responsible for ensuring all aspects of the item’s proper delivery, from the exact delivery details entered in the order through the packaging of the item. Shipper is responsible to pack the item as required, per the item’s specific criteria in order to ensure that the item is delivered wholly, to seal hermetically where necessary, to add padding, etc. Shipper must make sure that the item is packaged according to legal requirements where relevant and bears sole responsibility for the results of any deviation from the required packaging methods. In addition to the aforementioned, these are specific requirements that must be fulfilled when preparing an item for delivery:
The packaging MUST include the full name and address (Including apartment number, floor and suite) of the Shipper and the recipient, written clearly, with the words “From” and “To” emphasized.
Fragile items must be packaged carefully with shock-resistant padding and with the word FRAGILE clearly written on the outer package.
Packages that contain fruit and/or vegetables, especially soft, fresh fruit, should be packaged in hermetically sealed tin containers (not cartons). The words CAREFUL - FRUIT/VEGETABLES must be clearly written on the outer package.
Items that contain liquids, oils, and/or highly soluble materials must be packaged in a 100% hermetically sealed container. The packaging must be such that if the delivery item leaks, the liquid will be absorbed by material within the packaging. Such items must be packed in a double container. The internal container must be made of metal and the external container made of wood. The word LIQUIDS must be clearly written on the outer package.
For the avoidance of any doubt, the Shipper will be solely responsible for the proper packaging of the item and will be held responsible for any damage and/or loss caused by deviation from the requirements. The Driver will refuse any item which is not packaged according to requirements, or which is packaged in a way which endangers the Driver or the other items in his/her possession. The Shipper accepts responsibility for any additional charges that may be incurred due to the above, as well as any denial of receipt and the return of the item to the Shipper.
7. Optional Insurance
Shippers may be provided the option to purchase insurance from a third party for the item that they are shipping. This insurance is intended to compensate the Shipper only in the following events: significant damage done to the item, or loss or theft of the item from the Driver or by the Driver.
The insurance will be provided by a third party as designated by Bringoz and any purchase of insurance is an agreement between the Shipper and the third party provider and subject to terms provided by the third party provider.
8. Business Accounts
Certain types of business accounts (“Business Accounts”), as will be defined by Bringoz from time to time, will be bound to these Terms as well as to an alternative set of terms between the Business Account holder and Bringoz.
Business Accounts will have additional Users under their Account, such as employees, service providers, or whomever they shall define. The Users under the Business Accounts will be recognized by their mobile phone number, Web App or web site. Users under Business Accounts may be required to insert information differently, depending on the specific business’s requirements.
In the event of any conflict between these Terms expressed here and the specific terms for the Business Account, the terms of the specific Business Account will be the deciding terms.
Bringoz will provide the Business Accounts with a management console and general permissions which will include various features, including the option to create reports and to monitor deliveries in real time. The Business Account owner agrees that he/she is aware that during the use of the services, the Users of the Business Account will have access to all the information in the console and reports, including delivery destinations, routes, etc. The Users under the Business Account confirm that they have the authority to charge the Account.
Users can sign up for both Business and standard Accounts. The User will be responsible for the Accounts and to make sure to use each type as needed. Bringoz will not be responsible for any errors caused by confusion between the two Account types, or for any damage or loss caused by this confusion.
Receipts/invoices for Business Accounts will be sent via email unless otherwise required and agreed by both parties. The Business Account holder agrees that (1) email receipt is equivalent to receipt of a physical copy; (2) there will be no complaint if the email is identified as spam or junk mail by the Account holder’s email service; (3) any errors in the email address syntax will be full responsibility of the Account holder.
The electronic receipts are to allow Business Account holders to track and monitor their Bringoz activities. Moreover, the provision of the receipts doesn’t change the relationship between Bringoz and the Shipper as to the Delivery Tasks; these are solely between the Shipper and the Driver who has taken ownership of the specific Delivery Task.
Users of Bringoz Platform Services make their contracts for delivery directly with other Users. Bringoz is not and will not be a party to any contracts between Users but rather facilitates the exchange of the information between the parties via the Platform. You understand that use of the Platform Services as a Shipper or Driver can result in charges to you for the services you receive ("Charges"). Any fees that Bringoz may charge a User for their use of the Platform Services are due immediately to Bringoz and are non-refundable. Any Charges paid by Users in connection with a Delivery Task which are retained by Bringoz are solely in exchange for the use of the Platform Services.
Shippers will be responsible for paying to Bringoz the Charges invoiced in relation to a Delivery Task, which shall include both fees which will be distributed to the Driver for the delivery and fees retained by Bringoz for the Platform Services. Bringoz, or any agent it may designate for such purposes, will receive and/or enable a Shipper’s payment of all applicable Charges. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a priority fee, municipal tolls, airport surcharges, etc. Bringoz will transmit any portion of the fees owed for the delivery to the Driver, minus such amounts as Bringoz shall retain for the Platform Services.
All Charges and payments will be enabled by Bringoz using the preferred payment method designated in your Account, after which you will receive a receipt by email. The electronic receipts are to allow Users to track and monitor their Bringoz activities. Moreover, the provision of the receipts doesn’t change the relationship between Bringoz and the Shipper as to the Delivery Tasks; these are solely between the Shipper and the Driver who has taken ownership of the specific Delivery Task.
If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Bringoz may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Bringoz.
As between you and Bringoz, Bringoz reserves the right to establish, remove, and/or revise Charges at any time in Bringoz’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Bringoz will inform you of Charges that apply, in advance.
Bringoz may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Platform Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Platform Services or the Charges applied to you.
As a Shipper, you may elect to cancel your request for pick-up, carry, distribution, and delivery services at any time prior to the commencement of such pick-up, carry, distribution, and delivery services, in which case you may be charged a cancellation fee on a Driver’s or other third party’s behalf.
Bringoz may use the proceeds of any retained Charges for any purpose, subject to any payment obligations it has agreed to with third parties.
Charges related to a Delivery Task will be calculated by Bringoz according to the delivery details. The fees are subject to adjustment from time to time and during the Delivery Task. Shipper will be advised of the final fee prior to completion of the Delivery Task.
The changing fees are based upon the following, but not limited to them—market research, distance estimation, misreporting of item weight, routing, number of items, urgency, weather, traffic, and other factors.
Charges related to a Delivery Task include the payment to the Driver for the delivery. Bringoz will forward payment to the Driver only after the delivery is made, approved and completed. Payment to the Driver will be based on each specific Delivery Task.
Users may also be assessed fees in connection with an election to purchase optional delivery insurance from a third party insurance provider pursuant to Section 7 of these Terms.
Drivers will make reasonable effort to place delivery items in the hands of the designated recipient or other person at the delivery address specified for the Delivery Task. Unless otherwise expressly specified by the Shipper in the Delivery Task request, if a Driver is unable to locate a responsible person at the delivery address, the delivery items will be left in a reasonable location at the delivery address. If a Shipper specifies in the Delivery Task request that the delivery items must be hand-delivered to a person and no person is available to accept such delivery, then the delivery items will be returned to the Shipper and a cancellation fee to be decided by Bringoz will apply.
In the event of a problem completing the Delivery Task, whether due to incorrect information entered at the time of the Delivery Task creation, a pick-up issue, an issue at the recipient end, including refusal of the delivery, or for any other reason due to Shipper or recipient, the Driver or the service center will contact the Shipper for further instructions. If the Driver is in possession of the delivery item and the issue cannot be resolved within a reasonable timeframe, Driver must return the item to Shipper or to another destination as specified by Bringoz. In this case it will be at Bringoz’s discretion whether to charge a cancellation fee, and the amount, or if to charge an additional delivery fee based on the next drop-off location.
However, if the Driver is requested by Shipper or a designated recipient to wait at either the pick-up or drop-off location, Bringoz reserves the right to charge each additional minute at $0.50 per minute. In the event that there are multiple destinations to your delivery request, each destination will be separate and each time the waiting period will start anew. The waiting period is automatically calculated and the charge will be automatically added to your shipping fee. That said, if the wait is caused by fault of the Driver, as agreed by Bringoz, no waiting fee will apply. The Driver has no obligation to wait more than 15 minutes.
If for any reason, the item is required to be stored at Bringoz’s office, without Bringoz’s prior agreement in writing, Bringoz will not be responsible for any damage or loss of the item. Regardless of this, Bringoz will charge the Shipper a daily fee of $10.00 (US) + any relevant taxes, subject to the size of the item and Bringoz’s specific consideration. The storage fee will automatically be added to the service fee and charged to Shipper.
Cancellation of delivery is made possible via the “Cancel Delivery” button on the “Order Details” window on the Site and App. Cancellation of a delivery while its status is “Not Started” will cancel the delivery without any charge. Cancel of the delivery once it has been picked up will cause the Shipper to be charged the full service fee unless otherwise decided by Bringoz.
In the event that the package isn’t ready when the Driver arrives, and the Shipper requests that the Driver return at a later date without supplying a different item for delivery, the Shipper will be charged the full service fee.
In the event that the item to be delivered differs from the description provided in the order (i.e. is much larger, is fragile, etc), and Driver accepts the Delivery Task, Bringoz will charge an updated fee reflecting the accurate characteristics of the item.
Following completed delivery and payment of the service fee, a receipt will be sent to Shipper via email, to the email address listed on the Account. Sending of the receipt by email is in lieu of sending a physical receipt and will be done unless otherwise decided by Bringoz. Bringoz has chosen to utilize the option of email receipts in order to improve process efficiency.
In the event that a Shipper improperly packs a delivery item or ships any Prohibited Item and such shipment causes damage to the Driver’s vehicle in excess of normal "wear and tear,” the Shipper shall be responsible for the cost of repair or necessary cleaning of the Driver’s vehicle ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by Bringoz in Bringoz's reasonable discretion, Bringoz reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts will be transferred by Bringoz to the Driver, if applicable, and are non-refundable.
9.3. Credit Card Payments
In order to process your payment, the information you enter on the Bringoz App, Drivers App, Web App, or Site is forwarded directly to the PSP who then connects between your Account and your payment information, anonymously. Bringoz does not save your Credit Card information nor use it in any way other than described here.
Bringoz bears no responsibility for the services provided by the PSP. By agreeing to these Terms you consent to provide payment via the PSP chosen by Bringoz and to bear full responsibility for this use. Moreover, the User understands that Bringoz will send a receipt for payment once the transaction is approved, yet in no way does this receipt indicate a contractual relationship between Bringoz and the User.
Prior to approval of a delivery, Bringoz will send the PSP a request to check credit availability for payment of the delivery fee. In the event that the availability request is denied, User will be asked to provide alternative payment details.
THE PLATFORM SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BRINGOZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BRINGOZ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM SERVICES, OR THAT THE PLATFORM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BRINGOZ DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF DRIVERS OR SHIPPERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BRINGOZ, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY PART OF THE PLATFORM SERVICES OR ANY CONTENT ON THE PLATFORM SERVICES, INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, POTENTIAL REVENUE, LOST PROFITS, LOSS OF BUSINESS GOODWILL, OR ANTICIPATED SAVINGS, LOST DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
BRINGOZ SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF ANY TRANSACTION OR RELATIONSHIP BETWEEN USERS, EVEN IF BRINGOZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BRINGOZ HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY DELIVERY OR LOGISTICS ARRANGEMENT BETWEEN USERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
WITHOUT DETRACTING FROM THE ABOVE, YOU AGREE THAT THE MAXIMUM COMPENSATION AMOUNT FROM BRINGOZ, IN ANY EVENT, WILL NOT BE MORE THAN $125.00, AND WILL BE ONLY FOR DIRECT DAMAGE
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Dispute Resolution
THE FOLLOWING ARBITRATION REQUIREMENTS SHALL APPLY TO ALL USERS EXCEPT FOR USERS ACCESSING OR USING THE PLATFORM SERVICES AS A DRIVER. THE DISPUTE RESOLUTION MECHANISM FOR DRIVERS IS DEFINED IN THE DRIVERS’ POLICY WHICH IS INCORPORATED HEREIN.
You and Bringoz agree that any legal disputes, controversies, causes of action, or claims arising out of or related to the use of the Platform Services or the interpretation, enforceability, revocability, or validity of these Terms shall be submitted to binding arbitration. The arbitration shall be conducted by the American Arbitration Association (“AAA”) under the then current AAA Commercial Arbitration Rules. Such arbitration will be conducted in Fulton County, Georgia. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law.
CLASS ACTION WAIVER: You and Bringoz agree that any such legal dispute or claim (whether through the Courts or arbitration) must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Accordingly, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
You recognize that arbitration rulings pursuant to this section are binding and the merits of such rulings shall not be reviewed; provided, however that the arbitrator may not, however, issue a ruling that is clearly contrary to applicable state or federal law. On application of either party in a Court of competent jurisdiction, the arbitrator’s ruling may be submitted for review; not for a trial on the merits, but only for a determination of whether or not the arbitrator’s decision was clearly contrary to applicable state or federal law. If the Court finds that the arbitrator’s decision was clearly contrary to applicable law, then the arbitrator shall amend its decision accordingly.
You agree to indemnify and hold Bringoz and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Platform Services or services obtained through your use of the Platform Services; (ii) your breach or violation of any of these Terms; (iii) Bringoz’s use of your User Content; or (iv) your violation of the rights of any third party, including other Users.
Bringoz provides technical support and information on use of the Platform Services, User Account, and any other information required. Please contact us by email at email@example.com.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its rules regarding conflict of laws. Any legal suit, action, or proceeding arising out of, or related to, these Terms or Platform Services shall be instituted exclusively in the state or superior courts located in Fulton County, Georgia. You waive any and all objections to the exercise of jurisdiction over you and to venue in such courts.
13.3. Time Limitation of Complaints
User agrees that User will not bring any suit or complaint against Bringoz more than 8 months after the occurrence of the event(s) giving rise to such claim or suit.
13.4. Copyright Policy
Bringoz respects the intellectual property rights of others and expects its users to do the same. It is Bringoz policy, in appropriate circumstances and at its discretion, to disable and/or terminate the Accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you believe, in good faith, that any materials on the Platform Services infringe upon your copyrights, please send a Notice of Alleged Infringement to Bringoz’s Copyright Agent at firstname.lastname@example.org. In a Notice of Alleged Infringement, you must:
Identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use)”; and “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Bringoz may give notice by means of a general notice on the Platform Services, electronic mail to your email address in your Account, by blocking access to your User account, by telephone, Push notification, or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. 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 or telephone). You may give notice to Bringoz with such notice deemed given when received by Bringoz, at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Bringoz, Inc. at 400 Northridge Rd, Suite 250, Atlanta, Georgia, 30350.
You may not assign these Terms without Bringoz’s prior written approval. Bringoz may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Bringoz’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Bringoz as a result of these Terms or use of the Platform Services.
If any provisions of these Terms are held to be invalid or unenforceable, such provisions shall be deemed modified to the minimum extent necessary to make them valid and enforceable and the remaining provisions shall be enforced to the fullest extent under law. Bringoz’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bringoz in writing. Any clause in these Terms which, by nature of the Terms, should continue to exist after the period of these Terms or following their cancellation, will continue to exist unless cancelled for any reason.
13.8. Force Majeure
Bringoz will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Bringoz’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Bringoz is happy to receive feedback from Users and to learn about suggestions for improvement, new features, new services, etc. In the event that Bringoz has researched the suggestion and decided to implement it, this will in no way allow the User intellectual rights over the aforementioned implementation.