Delivery Guy Terms of Use and Service

These Terms of Use and Service (“Terms”) shall govern your use of the Delivery Guy website and mobile application owned and operated by or on behalf of Entrega Solutions Incorporated, (“Delivery Guy”) (collectively referred to as “Websites”) and Services as defined hereunder.

Delivery Guy provides a web-based technology platform, through their website and mobile application (“the App”), connecting restaurants and retail stores to consumers and facilitating on-demand delivery services (the “Services”). Through the Services, consumers may request that food or merchandise be delivered to them from particular restaurants or retail locations. Delivery Guy is not a retail store, restaurant, or food preparation entity.

These Terms shall apply to all users of the Websites, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content (the “User” or referred to as “you”).

 

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING DELIVERY GUY’S WEBSITES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND THOSE MADE AVAILABLE BY HYPERLINK OR EMAIL NOTICES. IF YOU DO NOT AGREE, YOU MAY NOT USE THE WEBSITES.

These Terms and other applicable policies and guidelines, as may be updated, shall govern the use of the Websites and Services by the User.

 

Section 1 – Account Access.

1. The User must be at least eighteen (18) years old to use the Services. By agreeing to these Terms, the User represents and warrants to Delivery Guy that he/she is:

2. At least eighteen (18) years old;

3. Has not been previously suspended or removed from the Website or Service; and

4. Registration and use of the service is compliant with any and all applicable laws and regulations.

5. If you are using the Service on behalf of an entity, organization or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these terms on behalf of the organization.

 

Section 2 – Accounts and Registration.

2.1.      To access some features of the Service or Websites, you must register for an account. When you register for an account you may be required to provide Delivery Guy with information (such as name, email address, phone number or other contact information). You agree that information you provide to us is accurate and is kept up to date at all times.

2.2.      Upon registration, you will be asked to provide a password, which shall be the sole responsibility of the User to maintain the confidentiality of. The User accepts responsibility for all activities under their account. If the User has reason to believe that their account is not longer secure, the User must inform Delivery Guy immediately at inquire@deliveryguy.ph\

 

Section 3 – Scope of License.

3.1.      The Delivery Guy Website and App is licensed to the User for use only under the Terms of license. Delivery Guy reserves all rights not expressly granted to the user. Subject to the User’s complete and ongoing compliance with these Terms, Delivery Guy grants the User a personal, limited, revocable, non-transferable license to use the App that the User owns or controls, solely for non-commercial use.

3.2.      The User may not modify, alter, reproduce, distribute or make the Websites available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell redistribute or sublicense the Websites.

3.3.      Any breach by the User of these license restrictions shall be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights.

3.4.      These Terms will govern any updates provided to you be Delivery Guy that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.

 

Section 4 – Delivery Terms

4.1.      Unavailability of Customer - Delivery Guy reserves the right to charge the User for the full order amount if the User is not at the delivery location when the rider arrives to complete the delivery.

4.2.      Cancelled Orders – If the User cancels their order, the User may be charged for that order depending on the following stages:

a. After an order has been accepted, but is not yet being prepared by the merchant, the user will not be charged a cancellation fee;

b. Once a merchant has started preparing the order, the user will be charged the price of the items, including applicable taxes, plus a cancellation fee.

c. Once the rider has picked up the order for delivery, the user will be charged the full price of that order.

 

Section 6 – Use of Service.

By using the Website and Services the User agrees to the following:

a. The Website and Services, including any content that forms part thereof, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;

b. The User will not violate any right of a third party, including by infringing, misappropriation any third party intellectual property right, or otherwise engage in unauthorized use of any proprietary content, information or materials;

c. Unless expressly permitted, the User may not alter, modify, create derivate works of, sell, license or exploit any part of the Websites or Service, and the User agrees not to copy, reproduce distribute, publish, display, transmit, stream or broadcast any part of the Websites or Services without prior written authorization;

d. The User agrees not to bypass any security or other features of the Websites designed to control the manner in which the Websites are used, harvest or mine content from the Websites, or otherwise access or use the Websites in a manner inconsistent with individual human use;

e. The User agrees not to perform ant fraudulent activity, including impersonating any person or entity or accessing any account without permission;

f. The User agrees not to decipher, reverse engineer, decompile or disassemble the Websites, or the software used to provide the Websites, in whole or in part, or to authorize, direct, or cause a third party to do so;

g. The User agrees not to display, mirror, frame, or utilize framing techniques to enclose the Websites or any portion thereof, unless and solely to the extent Delivery Guy makes available the means for embedding any part of the Websites;

h. The User agrees not to tamper with, or use non-public areas of the Websites, Delivery Guys’ computer systems and infrastructure, or the technical delivery systems of Delivery Guy;

i. The User agrees not to use any robot, spambot, spider, crawler, scraper or other automated means or interface provided by Delivery Guy to access the Websites or to extract data;

j. The User agrees not to use the Websites in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the right of any other party, and that Delivery Guy is not in any way responsible for any such use, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that the user may receive as a result of using the Websites;

k. The User agrees that the use of the App may incur third-party fees, such as fees charged by your carrier for data usage, and may be subject to third party terms, such as your carrier’s terms of service, and you agree to pay all such fees and abide by all such terms;

l. The user agrees not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/ or other code into the Websites;

m. Alcoholic beverages may only be purchased by individuals of legal age. If you are a customer, you expressly represent and warrant that: (i) you are of legal age; (ii) will provide bona fide government-issued identification to your courier upon delivery to you.

Section 7 – Intellectual Property Ownership.

7.1.      The Websites, its media and materials contained therein, including all intellectual property rights in the Websites, are the sole and exclusive property of Delivery Guy, and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Delivery Guy in these Terms are expressly reserved.

7.2.      All trademarks, logos, and service marks displayed on the Websites are registered and unregistered Trademarks of Delivery Guy and/or third parties who have authorized their use (collectively the “Trademarks”). The User may not copy, reproduce, upload, post, transmit, distribute or modify the Trademarks in any way.

Section 8 – Communications.

8.1.      Text Messaging – By using the Websites and Services, the User agrees that Delivery Guy and those acting on its behalf may send you text (SMS) messages at the phone number the user provided Delivery Guy. These messages may include operational messages about the User’s use of the Website and Services, as well as marketing or other promotional messages.

8.2.      The User may opt-out of receiving marketing text messages at any time by sending an inquire@deliveryguy.ph , indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages.

8.3.      The User may opt-out of receiving all text messages from Delivery Guy at any time by deactivating their account or sending an inquire@deliveryguy.ph indicating that they no longer wish to receive any text messages, along with the phone number of the mobile device receiving the messages. In this event, the User may continue to receive text messages for a short period while Delivery Guy processes their request.

8.4.      Text messages may be sent using an automatic telephone dialing system. The User’s agreement to receive marketing texts is not a condition of any purchase or service offered by Delivery Guy. If the User changes or deactivates the phone number provided to Delivery Guy, the User must update their account information.

8.5.      Email – The User agrees that Delivery Guy may send emails concerning their products and services, as well as those of third parties. You may opt-out of promotional emails by inquire@deliveryguy.ph.

Section 9 – Indemnity.

9.1.      The User shall be responsible for their use of the Websites and Services, and agrees to defend (at Delivery Guys’ option) and indemnify Delivery Guy and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

a. The User’s violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

b. The User’s violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or

c. Any dispute or issue between you and any third party, including any rider, restaurant or other third-party merchant;

9.2.      Delivery Guy reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations).

Section 10 – Third Party Links.

10.1.    Third Party Links on the Websites may direct the User to third-party websites that are not affiliated with Delivery Guy.

10.2.    Delivery Guy shall not be liable for any damages related to the use of products, services, resources, content, or any other transactions made in connection with any third-party resources. Complaints or concerns regarding any third party should be directed to such third party.

Section 11 – Disclaimer of Warranties.

11.1.    The Websites and Services are provided "as is" and "as available" without warranties of any kind either express or implied. All representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed by Delivery Guy to the maximum extent permitted by applicable law.

11.2.    Delivery Guy does not represent or warrant that the use of the Website and Service will be secure, timely, uninterrupted or error-free or will operate in combination with any other hardware, software, system or data. Delivery Guys’ service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Delivery Guy is not responsible for any such delays, delivery failures, or other damage resulting from such problems.

11.3.    Delivery Guy relies upon restaurants and other third-party food and beverage providers and retailers to provide accurate allergen and dietary information and general product safety. Delivery Guy does not represent or warrant that the information accessible through the service is accurate, complete, reliable, current or error-free, including without limitation menus, nutritional and allergen information, photos, food quality or descriptions, pricing, hours of operation, or reviews. All content is provided for informational purposes only. The reliance on any information provided through the service is solely at your own risk, including without limitation nutritional and allergen information.

11.4.    Delivery Guy does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a restaurant or other third party through the Websites or Service.

Section 12 – Entire Agreement.

12.1.    The failure of Delivery Guy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.2.    These Terms and any policies or operating rules posted by Delivery Guy constitutes the entire agreement and understanding between the User and Delivery Guy and shall govern the User’s use of the Websites and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written (including, but not limited to, any prior versions of the Terms).

12.3.    Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 13 – Governing Law.

            These Terms and any separate agreements shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

Section 14 – Arbitration.

            And dispute arising out of or in connection with this Agreement, including its breach, existence, validity or termination shall be resolved before arbitration under PDRCI Rules.

Section 15 – Changes to Terms.

            Delivery Guy reserves the right to update, change or replace any part of the Terms by posting updates and changes to the Websites. It is the User’s responsibility to check the Websites periodically for changes. The User’s continued access to the Websites and/or Services following the posting of any changes to the Terms constitutes acceptance of those changes.

Section 16 – Termination

16.1.    The User’s rights under these Terms will terminate automatically, without notice from Delivery Guy, for failure to comply with any of these Terms. In addition, Delivery Guy may, in its sole discretion, terminate or suspend the User’s account on the Websites without notice.

16.2.    The User may terminate these Terms at any time by closing their account, uninstalling the App, and ceasing use of the Service.