Agreements

General Terms and Conditions

Delivery service / User and Courier T&Cs
  • Dylyver Technologies Limited

    Terms & Conditions

    General

    These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services made available by Dylyver Technologies Limited (“Dylyver”), a private limited liability company established in New Zealand, having its offices at Unit B, 101 Apollo Drive, Rosedale, Auckland, 0632, New Zealand with company registration number 59215685.

    Contractual Relationship

    You agree that by registering a user profile on Dylyver you are entering into a legally binding relation with Dylyver. Furthermore, by using the Service, you agree to those provisions of this document, which concern the content on the Service and your conduct thereon.

    Dylyver reserves the right to amend the Agreement at any time. In the event of any change, we shall display a notice via the Dylyver App or send you an email. The change shall be effective as of its notification to the User.

    These Terms expressly supersede prior agreements and any arrangements you might have with other third parties. Dylyver may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

    Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

    Definitions

    1. Agreement shall mean every agreement or arrangement concluded between Dylyver and any user of the Dylyver Service.
    2. Parties shall mean the User and/or Dylyver.
    3. App shall mean the Dylyver Cargo application software which is available at the applicable application stores. All intellectual property rights (included but not exclusively copyrights, marks, trademarks etc.) of the App belongs to the Dylyver Technologies Limited.
    4. Service shall mean a community-powered technology platform offered by Dylyver that enables users of a mobile application provided as part of the Services to arrange and schedule logistics services with Couriers for a shipping fee. Dylyver insures that the price settled in the contracts between Sender and Courier – after deduction of Dylyver’s charges and fees – shall be payed to the Courier according to this General terms and Conditions. Dylyver defines the criteria by which the transport activity can be carried out.
    5. Users shall mean all users of the Service, including Senders, Couriers and Recipients.
    6. Couriers shall mean independent third-party providers who enter into a contract with a Sender to transport an item from and to agreed locations and by the agreed means of transport, and who undertakes to perform such transport for the price defined in the agreement by the Sender and under sole responsibility of the Courier.
    7. Senders shall mean Users that are requesting the transportation and who enter into a contract with Couriers.
    8. Recipients shall mean Users who shall act as a receiving party at the agreed destination and shall help Senders accept the packages delivered by Couriers. A registered Recipient shall be notified throughout every stage of the shipping process (can easily track Courier, can check estimated arrival times, can accept or decline split fare requests, etc.).
    9. Guidelines shall mean a set of guiding principles offered by Dylyver and applicable to Users in connection to their transportation activity, delivery, reception, issue disclosure and return of the consignment. Dylyver does not take part and is not responsible for any of the shipping or transportation agreements concluded by the Users. Dylyver solely provides the means and facilitates the fulfilment of the service.
    10. Website shall mean the www.dylyver.com website.
    11. Consignment shall mean any item that is not prohibited.
    12. Wallet shall mean a service provided by Dylyver where Users can see all their incomes and initiate withdrawals once they decide to transfer all or part of their balances to their bank accounts.

    Important Information

    Dylyver is not a transportation solution, it is a platform for connecting Senders (people who want to send items) and Couriers (who can deliver those items for a predetermined price).

    You acknowledge that Dylyver does not provide logistics services or function as a cargo carrier and that all such logistics services are provided by independent third-party contractors who are not employees or representatives of Dylyver or any of its affiliates and are not considered as its subcontractors. Dylyver does not take part in the legal relation that comes into life between the Courier and Sender. Couriers take responsibility for the fulfillment of the delivery.

    Senders cannot send any items that would be illegal or prohibited by any law to be transported in any country. Items, the transportation of which is prohibited by law, legal instrument, order or by any international treaty cannot be transported by Couriers. Including but not limited to: firearms or components of firearms, weapons, corrosive or hazardous substances, drugs and tools capable of being used as weapons and explosives, human beings and any of its parts (organs, tracts, cells, blood), animals, plants, medical devices and tools, medical drugs, flammable materials (such as fuel patrol gasoil), poisoning, corrosive or other dangerous chemical substances, materials, tools that are extremely dangerous for public security, radioactive materials, perishable food, quick-frozen food, live animals, securities, precious metals or precious stones, all other tools, materials, documentation that may endanger the humans, environment, public security, the sender, the courier, the recipient or their property. In addition, Dylyver has the right to object to any item that may be transported using the Service, if Dylyver is aware of what is to be transported and has reasonable grounds for objecting.

    If you have concerns over what items may or may not be transported using the Service, please contact us at cargo@dylyver.com.

    Senders can cancel the delivery request solely before the Courier has taken the consignment. After Courier has accepted the consignment the Sender is not allowed to cancel the delivery, unless the price of the delivery is paid in full to Courier.

    The Service

    By entering into this Agreement, the User shall get access to the Service as it is offered from time to time. Dylyver is free to add, remove or change features or functionality of the Service. Dylyver shall make its best effort to inform you of such changes by making available such information on the app, website or by any other means.

    Dylyver connects and matches people on the move to utilize available transport capacity. The Service connects Senders with the need to have a consignment transported with Couriers willing to do the transportation. All registered Users can act as Senders or Couriers. The Service provides the ability to match these two parties. After matching, Users finalize the transportation details and any other necessary arrangements directly between each other. Sender shall add Recipient into the delivery in order to help accept the package from Courier at the desired destination. It is sole responsibility of the Senders to make sure that Recipients that they invite into the delivery process are reliable and trustworthy.

    Dylyver provides Guidelines that contains recommended terms and conditions between these parties. Users enter into a direct agreement with each other and Dylyver is not a contractual party to any such agreement entered into between the Users and is not responsible for the fulfillment of the such contracts. Dylyver merely supplies the medium for Users to connect with each other and to facilitate payments for Services rendered between Users. Users are able to communicate with each other via e-mail, mobile or in-app chat function. It is highly recommended for Users to use the in-app chat as it is the fastest, safest and easiest communication means between the Users.

    Dylyver stores every e-mail and message sent via the chat in order to ensure compliance with the agreement that Users have entered with each other.

    While Dylyver requests information to identify registered Users, the Service is dependent on the Users providing correct information. Consequently, Dylyver does not take any responsibility for the actions or omissions of any Users connecting via the Service and neither does Dylyver assume any responsibility for the accuracy or reliability of User information or any other information on the Service.

    Communications

    As a User of the Service you agree to receive communications from Dylyver. This communication is related to you being a user of the Dylyver service, and might happen through e-mail, phone, sms, push messages or post. The content of this communication might be service messages, status messages related to tasks, matching messages and newsletters from Dylyver. You can at any time unsubscribe from the newsletters and change the notifications settings. Some system critical messages cannot be turned off.

    Registration and usage

    In order to use most aspects of the Services, you must register for and maintain an active personal user Services account.

    Dylyver shall use the information you provide to facilitate the contact between different Users of the Service so that a request can be handled by the Courier undertaking to perform the transportation service.

    Account registration requires you to submit to Dylyver certain personal information, such as full name, address, mobile phone, profile picture, email, facebook profile information (if you choose to register with facebook), passport number and picture of the passports first page, credit card information for delivery charges and any other information about the User that will contribute to the verification process.

    The information is used to establish contact between Users, manage the Agreement and to take reasonable measures to verify the identity of Users.

    In addition, you may need to provide further information in connection with each individual transaction which allows Users to determine the means of transport, time of delivery and so on.

    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 and use the Services or Dylyver’s termination of these Terms with you. 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. You may only possess one Account.

    Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, online user verification is complicated. Dylyver cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of Users' purported identities or the validity of the information which they post on our platform and website.

    You may not assign or otherwise transfer your Account to any other person or entity. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

    All personal information is stored securely and treated in accordance with applicable legislation. You have the right to information about the data we have stored about you and to demand that any errors are corrected. Further information regarding our use of personal information can be found in our Privacy Policy and which forms part of this Agreement.

    By registering you shall accept that when you act as Courier you can be tracked by the Sender and/or the Recipient from the time you pick up the consignment until you deliver it to the Recipient. This procedure is necessary to facilitate the successful delivery of the consignment and in order to connect you with the Recipient at the right place and at the right time. For these purposes you shall keep your location services switched on throughout the whole delivery process until you deliver the consignment to the Receiver.

    Third Party Services and Content

    The Services may be made available or accessed in connection with third party services and content that Dylyver does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Dylyver does not endorse such third-party services and content and in no event shall Dylyver be responsible or liable for any products or services of such third party providers.

    Additionally, Apple Inc., Google, Inc. and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android-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 Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

    Hardware and Network Access

    You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Dylyver does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

    Service Availability

    Dylyver shall use reasonable endeavors to ensure that Service will be available at all times. However, the User acknowledges and agrees that events related to maintenance, security or capacity requirements, and/or events beyond Dylyver’s control may result in malfunctions or interruptions of the Services. Dylyver disclaims all liability for damages caused by any such interruption or errors in functioning.

    No warranties or representations, disclaimer

    Dylyver provides the platform on which Users can connect to enter into agreements directly with each other for the provision of transport services. Dylyver takes no responsibility for the type of goods transported or for the performance of the transport service itself, these are matters between the Sender and the Courier.

    Liability

    Neither Dylyver nor its directors, agents and employees, shall be liable to you in contract, tort, including negligence, or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

    • your use of or your inability to use our Services;
    • delays or disruptions in our Services;
    • viruses or other malicious software obtained by accessing, or linking to, our Services;
    • glitches, bugs, errors, or inaccuracies of any kind in our Services;
    • damage to any electronic device using the Service.

    You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you transport using the Service.

    Dylyver makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Dylyver does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

    Dylyver makes no warranties or representations regarding any data and/or information published or otherwise made available on the Service from Users of the Service, or on any external websites linked to or referred to on the Service.

    Indemnification

    By providing information to Dylyver, you as a User, represent and warrant that you are entitled to submit the information and that the information is accurate, true, not confidential, and not in violation of any contractual restrictions or other third-party rights.

    You shall indemnify and hold Dylyver harmless for all damages, losses and costs related to all third-party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of information that violates third party rights or applicable laws or your failure to comply with the Usage Rules, (2) any information you submit to the Services, and (3) any activity in which you engage on or through the Service.

    Dylyver makes all reasonable efforts to verify the identity of registered Users. However, Dylyver explicitly disclaims any liability in connection with Users who submit inaccurate or incorrect information. The User warrants and shall indemnify and hold harmless Dylyver for any loss due to inaccurate or incorrect information being submitted by the User, or the registered profile being used by someone else than the registered User.

    Use of personal data

    When registering with Dylyver you agree that Dylyver may use the information provided by you within the boundaries set by applicable law. The information will be stored and used by Dylyver to manage and maintain the relationship with the User. Dylyver may contact you at the email address specified in your profile with information about services and new offers from Dylyver.

    You can find out more about our collection and use of personal information in connection with the Services in Dylyver’s Privacy Policy.

    You have the right to request access to the information we have stored about you as well as requesting that we correct any erroneous information we have stored about you. For any queries regarding our use of personal data, please contact us at support@dylyver.com.

    Restrictions

    You may not: (1) remove any copyright, trademark or other proprietary notices from any portion of the Services; (2) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Dylyver; (3) decompile, reverse engineer or disassemble the Services; (4) link to, mirror or frame any portion of the Services; (5) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (6) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

    Prices and payment

    Prices

    The price consists of two elements, (1) the price for the transport service which is solely subject to agreement between the Courier and Sender (further referred as “Delivery fee”), and (2) the price for the Service provided by Dylyver (further referred as “Service fee”).

    The price for the service offered to the Courier is determined by the Sender and shall be as set out in the agreement between the Users. The Sender will confirm any changes to the price if such a price is changed from the original price.

    Dylyver charges 25% of the total delivery price as Service fee for the transport service as agreed between the Users. It may change from time to time.

    The Delivery fee shall be transferred to Courier’s account upon successful delivery of the parcel and upon Recipient’s confirmation of such delivery. Courier will also be entitled to Delivery fee if the consignment has not been delivered to Recipient due to Recipients fault and the Sender confirms such fact.

    Dylyver informs the Couriers about the final amount they are entitled to and transfers it to their accounts.

    Dylyver does not pay or transfer automatically any fees from Users wallets to their bank accounts. Users can withdraw all or part of their wallets balance to their bank accounts at any point in time by submitting a request on Dylyver website at www.dylyver.com.

    Payment and payout processing services for Users on Cargo App are provided by Stripe (www.stripe.com) and Hyperwallet (www.hyperwallet.com).

    Stripe provides payment gateway services in all countries globally. Payment processing of Stripe will be subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing using the Cargo App, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Cargo App enabling payment processing services through Stripe, you agree to provide Dylyver accurate and complete information about you and you authorize Dylyver to share it and transact information related to your use of the payment processing services provided by https://stripe.com/.

    Hyperwallet provides all payout services in all countries globally. Payout processing of Hyperwallet will be subject to the Hyperwallet Payment Agreement, which includes the Hyperwallet Terms of Service (collectively, the “Hyperwallet Services Agreement”). By agreeing to these terms or continuing using the Cargo App, you agree to be bound by the Hyperwallet Services Agreement, as the same may be modified by Hyperwallet from time to time. As a condition of Cargo App enabling payment processing services through Hyperwallet, you agree to provide Dylyver and Hyperwallet accurate and complete information about you and you authorize Dylyver to share it and transact information related to your use of the payment processing services provided by https://hyperwallet.com/.

    Dylyver undertakes to fulfill the payment to Users of the application in 7 days after the confirmation of the withdrawal from the wallet. Dylyver does not take responsibility of any bank charges or fees, the Courier fee shall be paid after the deduction of these.

    Dylyver does not take responsibility for any fault resulted from wrong account number, false data, deficiency, transfer or credit delay. Dylyver does not take responsibility if the Users don not take under their control the access to the Cargo App.

    A return fee equal to 30% of the total delivery price will be charged to Users credit card on file (whoever was chosen to pay for the delivery) if Courier has to ship the parcel back to its original location due to the fact that Recipient was not present at the destination and Courier could not get in touch with Recipient. This is done in order to compensate Courier for his efforts to ship back the item(s).

    Payment

    Senders pay the agreed price for the transport service by using a credit card.

    When setting up a delivery request Sender has three payment methods that he/she can choose from: (i) pay the full price of the delivery, (ii) split the price of the delivery with the Recipient or (iii) transfer the obligation to pay the total price of the delivery to Recipient. Method (ii) and (iii) can be used only in that case if Recipient has registered and is the User of the Dylyver app. It is up to the Recipient, whether he/she will accept or decline this payment method.

    If Sender chooses to split the total price of the delivery with the Recipient and Recipient accepts this request, then the total price of the delivery will be split between Senders and Recipients credit cards. If Sender chooses to transfer the obligation to pay the total price to Recipient and Recipient accepts this request, then the total price of the delivery will be charged to Recipients credit card. If Recipient chooses to decline any of these requests set by Sender, then the total price of the delivery will be charged to Senders credit card.

    Senders and/or Recipients shall pay the Service Fee directly to Dylyver by using a credit card immediately following the completed transport, and the Sender and/or Receiver consents to Dylyver charging the Service Fee from the credit card provided upon registration.

    Where a Sender fails to pay the Service Fee due, interest shall accrue from the date that payment is due. After a period of 10 days, an administration charge of $50 shall be added to the amount due to Dylyver and Dylyver reserves the right to collect payment through court proceedings. If a Sender wishes to use the Service where any fees are outstanding from earlier transactions, those fees must be cleared in full by the Sender before he may use the Service again. Same terms apply to Recipient.

    Insurance and Couriers responsibility

    In order to protect the assets of our customers every Courier accepts sole responsibility for any damages and loss of the items during the whole shipment process of the package from time they accept the package from Sender to the point of time when it is delivered to its destination and handed over to Recipient.

    Unless agreed otherwise by the Parties, Courier should deliver the parcel to its recipient no later than 24 hours following pick up time. Courier is obliged to deliver the consignment personally and cannot fulfill the delivery with the help of a third party.

    For the reasons specified above Dylyver shall block an amount on the Courier’s credit card that equals to the value of the item being shipped. The value of the item is determined by the Sender during the delivery request. Courier’s liability is limited to the item value defined by the Sender. In case of loss or damage of the item Dylyver reserves the right to withdraw full or partial blocked amount from Courier’s credit card, depending on the size of the loss or damage in order to compensate the Sender for his/her loss.

    Dylyver shall not take any responsibility for any damage or loss which occurs with the shipment.

    Dylyver shall not check the extent of the damage and shall compensate the Sender if the damage is indicated to Dylyver by either Party. If that happens Dylyver shall withdraw 70% from Courier’s credit card the above mentioned blocked amount if the damage has been specified and proven. Dylyver shall credit this 70% on the Sender’s wallet as compensation for the damage. Otherwise, depending on the size of the damage the Users shall be entitled to claim further demands against each other.

    In case Courier doesn’t have enough funds on his/her bank account to insure the delivery of a certain item then Courier will not be able to accept that delivery request. If that is the case, Courier can still try to deliver items with lower value.

    Dylyver may restrict, suspend or terminate the account of any User who has lost or damaged other User’s property during the delivery, without further notice to the User.

    In any case if the Courier cannot deliver the consignment to the Receiver, he/she is obliged to return it to the Sender in the next 48 hours.

    Termination due to breach

    Dylyver may restrict, suspend or terminate the account of any User who abuses or misuses the Services or if the User violates the Agreement, without further notice to the User.

    Any attempt to circumvent the service would be grounds for suspension and termination. Circumvention of the service includes and not limited to conclude transactions outside the system (i.e. trying to avoid concluding deliveries within the system etc.) with the attempt to avoid using Dylyver’s payment system and avoiding any service fee associated with using our service.

    Miscellaneous Provisions

    Dylyver may transfer its rights and obligations under these terms to another organization. We shall inform you in writing in this case.

    If a court finds part of this contract illegal, the rest shall remain in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    Disputes, Choice of law and jurisdiction

    If a dispute arises between you and Dylyver, we encourage you to first contact us directly to seek to resolve the matter by contacting us at support@dylyver.com.

    We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

    This Agreement between you and Dylyver shall be governed by and construed in accordance with the laws of New Zealand.

    You and Dylyver both agree to submit to the exclusive jurisdiction of the New Zealand Courts.

    General Rules for Refunds

    We refund all credit card charges that are related to potential technical errors in the Dylyver-system. Anyone requesting refunds should mail us at support@dylyver.com, stating the problems and the relevant order id.

    Refunds are issued at the discretion of Dylyver's management within a 30-day period after date of order. In your claim, please, include explanation of reasons for a refund, and your order information. All enquiries are free of charge.

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