Last updated December 18, 2024
These Terms and Conditions ("Terms") govern your access to and use of the Swyvery mobile application ("App") and the services provided therein ("Services"). By accessing or using the App, you ("User") agree to comply with and be bound by these Terms, which constitute a legally binding agreement between you and Swyvery ("Company").
1. Acceptance of Terms
By accessing or using the App, you affirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the App.
The Company reserves the right to modify or amend these Terms at any time. Users will be informed of any significant changes to these Terms and Conditions via notifications within the app, email communication, or updates posted on our website www.swyvery.com. Your continued use of the App following any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically to stay informed of any updates.
2. Eligibility
The Services provided through the App are available to individuals who have reached the legal age of majority in their respective jurisdiction. However, if you are a minor under the laws applicable to your location (generally under the age of 18), you may only use the Services with the express consent and under the direct supervision of a parent or legal guardian. It is required that your parent or guardian review these Terms and agree to them on your behalf before you access or use the Services. The Company reserves the right to request proof of such consent at any time and may, at its sole discretion, restrict, suspend, or terminate your access to the Services if it is discovered that these requirements have not been met.
3. User Obligations
a. Registration and Account Security
To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to protect your account information.
b. Prohibited Conduct
You agree not to engage in any of the following activities:
c. User Content Responsibility
The App may allow Users to submit, post, or otherwise make available content such as reviews, feedback, or other materials ("User Content"). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all User Content you submit. You agree not to submit content that is unlawful, defamatory, obscene, or otherwise objectionable. The Company reserves the right to remove or modify any User Content that it deems inappropriate at its sole discretion.
4. Service Terms
a. Service Description
The App provides an on-demand delivery service for items and essentials, allowing Users to request deliveries through the App, which are then fulfilled by independent contractors ("Drivers"). The Company acts as an intermediary between Users and Drivers, facilitating the provision of delivery services. Users create accounts, place orders for deliveries, track deliveries in real time, and may submit feedback or reviews regarding the services they receive. The Company does not provide delivery services itself and is not responsible for the actions or omissions of any Driver.
b. Service Availability
The Company does not guarantee the availability of Drivers at any given time or location. The availability of Drivers may be affected by a variety of factors, including, but not limited to, demand for delivery services, weather conditions, and other factors beyond the Company's control. The Company reserves the right to modify, suspend, or discontinue the App or any part of the Services at any time, with or without notice, and without liability to you.
c. Payment and Fees
Users are required to pay for the delivery services provided through the App. Payments are required at the time of order placement. Accepted payment methods include credit and debit cards, as well as other electronic payment options. In cases where balances are unpaid, late fees may apply, and users may be restricted from using the services until all dues are settled.
Payment is processed through third-party payment processors, and by using the App, you agree to the terms and conditions of these processors. You authorize the Company to charge your provided payment method for all fees associated with your use of the App, including any applicable taxes. The Company reserves the right to establish, remove, or revise fees for any aspect of the Services at its sole discretion.
d. Cancellation Policy
Users may cancel a delivery request within a specified time frame as outlined in the App. If a delivery is cancelled after the allowed cancellation period, you may be charged a cancellation fee. The amount of the cancellation fee will be disclosed to you before you confirm your cancellation. The Company reserves the right to modify the cancellation policy at any time and will notify Users of any changes.
Refunds may be offered in the case of failed or incorrect deliveries, subject to review and approval by our team. Since the service involves delivery and not physical goods, exchanges are not applicable.
5. Intellectual Property Rights
a. Ownership and License
The Company and its licensors retain all rights, title, and interest in and to the App, including all software, text, images, logos, and other content provided on the App, as well as any and all intellectual property rights associated therewith. The App and the Services are protected by copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App solely for your personal, non-commercial use. You agree not to reproduce, distribute, create derivative works from, or otherwise exploit the App or any portion thereof without the express written consent of the Company.
b. Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of the Company used herein are trademarks or registered trademarks of the Company. Any other trademarks, service marks, logos, trade names, or other proprietary designations are the trademarks or registered trademarks of their respective parties. You may not use any trademarks, service marks, logos, trade names, or other proprietary designations of the Company or any third party without the express written consent of the owner of the trademark.
6. User Content
a. Content Submission
The App may allow Users to submit, post, or otherwise make available content such as reviews, feedback, or other materials ("User Content"). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all User Content you submit.
b. Content Responsibility
You are solely responsible for all User Content you submit through the App. You agree not to submit content that:
The Company reserves the right to remove or modify any User Content that it deems inappropriate at its sole discretion. However, the Company is not responsible for and does not endorse any User Content posted on the App.
7. Disclaimer of Warranties
a. As-Is Basis
The App and Services are provided on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant that the App will be uninterrupted, error-free, or free from viruses or other harmful components.
b. No Guarantee of Accuracy
The Company makes no warranty, express or implied, regarding the accuracy, timeliness, reliability, or completeness of any information or content provided through the App. The Company shall not be responsible for any errors or omissions in the content provided on the App.
8. Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the App or Services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if the Company has been advised of the possibility of such damages. This limitation of liability applies regardless of whether the damages arise from breach of contract, tort, negligence, strict liability, or any other legal theory.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with the Company in asserting any available defenses.
10. Dispute Resolution
a. Governing Law
These Terms and any dispute arising out of or related to them or the App shall be governed by and construed in accordance with the laws of the United States of Ameria without regard to its conflict of law principles.
b. Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, State], and the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
c. Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action. You further agree that you and the Company are each waiving the right to participate in a class action or class-wide arbitration.
d. Arbitration Opt-Out
You may opt out of the arbitration provision within thirty (30) days of the date you first agreed to these Terms by sending a written notice to the Company at [Company’s Contact Address] with the subject line "Arbitration Opt-Out." Your notice must include your full name, address, and a clear statement that you wish to opt out of arbitration.
e. Severability of Dispute Resolution Provisions
If any part of the dispute resolution provisions of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
11. Termination
The Company reserves the right to terminate or suspend your access to the App at any time, with or without cause or notice, effective immediately. Upon termination, your right to use the App will cease, and all provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, disclaimers, indemnity, and limitations of liability, shall continue to apply.
12. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid or unenforceable provision will be interpreted to give effect to the intent of the original provision.
13. Assignment
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign or transfer its rights and obligations under these Terms without restriction.
14. No Waiver
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver will only be effective if it is in writing and signed by an authorized representative of the Company.
15. Force Majeure
The Company shall not be liable for any failure to perform, or delay in performing, any of its obligations under these Terms if such failure or delay results from events or circumstances beyond the Company’s reasonable control, including but not limited to, acts of God, natural disasters, war, terrorism, civil unrest, strikes, labor disputes, pandemics, government actions, changes in law or regulation, interruptions or failures in utility services, communication systems, or internet services, or any other cause beyond the Company’s reasonable control. In such event, the Company’s obligations under these Terms shall be suspended for the duration of the event or circumstances giving rise to the force majeure. The Company will use commercially reasonable efforts to mitigate the impact of the force majeure event and resume the performance of its obligations as soon as reasonably practicable. If the force majeure event continues for an extended period of time, the Company reserves the right to terminate the affected Services or these Terms, in whole or in part, with notice to you.
16. Prohibited Items and Compliance
a. Prohibited Items
It is strictly prohibited to use the platform to dispatch or deliver any of the following types of items:
1. Illegal Items: Any items that are illegal under the laws applicable in the jurisdiction where the item is being dispatched or delivered. This includes, but is not limited to:
2. Firearms, Weapons, and Ammunition:
3. Dangerous or Hazardous Materials:
4. Alcohol, Tobacco, and Controlled Substances:
5. Pharmaceutical Products:
6. Biological Materials:
7. Fragile or Perishable Goods:
8. Valuables and Monetary Instruments:
9. Obscene or Pornographic Materials:
10. Livestock and Regulated Species:
11. Threatening or Harassing Items:
b. User Responsibilities
By using the platform’s services, users agree:
If a prohibited item is dispatched, the platform reserves the right to take corrective actions, which may include, but are not limited to:
c. Reporting Violations
If users believe that another individual is dispatching an item that violates policies or applicable laws, they are encouraged to report the incident directly to the platform’s support team. All reports will be investigated thoroughly, and appropriate actions will be taken, which may include account suspension, termination, or legal action.
d. Disclaimer
This list of prohibited items is not exhaustive. The platform retains the discretion to prohibit additional items that may not be explicitly listed above but are deemed unsafe, illegal, or inappropriate for delivery via the services. The platform will update this list as necessary and reserves the right to modify or amend the terms of prohibited items without prior notice.
17. Contact Information
If you have any questions or suggestions about these Terms, please contact us at:
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