Effective: January 1, 2020
Please read the following Terms and Conditions. The terms and conditions (“Agreement”) constitute a legal agreement between you and ShipDone Inc., a Texas corporation (“ShipDone,” “We,” “Us,” or “Our”).
1. Acceptance of the Agreement
ShipDone, provides an online marketplace platform, using technology that connects you and other customers, providers and/or other businesses and delivery providers. ShipDone’s technology platform enables customers to place orders for food and/or other goods from various providers and businesses. Once such orders are submitted, the ShipDone platform notifies the provider that an order is placed and the software platform facilitates the completion and delivery to the customer. ShipDone is not a provider, delivery service, or manufacturing business.
If you access our website located at https://www.shipdone.com, install and use our mobile applications, install or use any other software provided by us, or access any information, function, or service available or enabled by ShipDone (each, a “Service” and collectively, the “Services”), or complete the ShipDone account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) you have read completely, understand, and agree to be bound by all the terms within this Agreement;
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with ShipDone; and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization or entity on whose behalf you have created an account and to bind such organization to the Agreement.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, not limited to, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by or comply with the Agreement, you will not access or use the Services.
2. Additional Terms and Policies
ShipDone reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. Any changes to this Agreement shall be posted here and you should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
4. Rules and Regulations
Without limiting any other rules and prohibitions within this Agreement, by using the Services, you agree that:
(a) You will only use the Services for lawful purposes, and you agree that you will not be using the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, ShipDone employees, or our community.
(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade marks, trade secrets, or other rights of any third party, including privacy or publicity rights.
(c) You will only access the Services using means explicitly authorized by ShipDone.
(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers or documents to disguise the origin of any content transmitted through the Services.
(e) You will not use the Services to cause disruption, nuisance, annoyance or inconvenience.
(f) You will not use the Services, or any content present or accessible through the Services, for any commercial or personal purposes, including but not limited to contacting, advertising, soliciting or selling to, any Provider, user or Contractor, unless ShipDone has given you prior written permission to do so in writing.
(g) You will not copy, reverse engineer or distribute the Software or any content displayed through the Services, including Provider’s menu content and reviews, for republication in any format or media.
(h) You will not scrape, compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.
(i) When you register an account or otherwise communicate with us, the information you provide to us is accurate and that you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request from your or your representative.
(j) You will keep confidential and secure your account password or any credentials or data we provide you which allows you to access to the Software and the Services.
(k) You will use the Services and the Software only for your own use and will not directly or indirectly resell, license or transfer the Software and the Services or content displayed by the Software or the Services to any third party.
(l) You will not use the Services in any way that could damage, disable, overburden or impair any ShipDone server, ShipDone IT infrastructure, or the networks connected to any ShipDone server.
(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any ShipDone server.
(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures ShipDone may use to restrict or block access to the Services or use of the Services or the content therein.
(o) You will not deep link to our websites or any of our IT infrastructure components or access our websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites.
(p) You will not scrape or use scraping software’s or otherwise conduct any systematic retrieval or download of data or other content from our websites or Services.
(q) You will not try to harm other Users, ShipDone, or the Services in any way whatsoever.
(r) You will not engage in threatening, harassing, racist, sexist or any other behavior that ShipDone deems inappropriate when using the Services.
(s) You will report any bugs, issues, errors, unauthorized access methodologies, security loop holes or any breach of our intellectual property rights or data that you uncover in your use of the Software and Services.
(t) You will not abuse our promotional systems including but not limited to credit and coupon systems, including by redeeming multiple coupons or promotions at once or by opening multiple accounts to reuse the promotions available only to first time users.
(u) You will not attempt or assign anyone else to undertake any of the aforementioned terms.
In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate or delete your account or take appropriate legal actions at our sole discretion.
You understand and agree that ShipDone provides a technology platform connecting you with independent service providers and others that provide the products offered through the Services (“Providers”). You acknowledge and agree that ShipDone does not itself provide or offer products or delivery services, and has no responsibility or liability for the acts or omissions of any Providers. ShipDone is not the retailer of any products offered by Providers, nor is it in the delivery business or a common carrier. ShipDone provides a technology platform facilitating the transmission of orders by Users to Providers for pickup by Users or fulfilment or delivery by Providers. ShipDone will not assess or guarantee the suitability, legality or ability of any Provider. You agree that ShipDone is not responsible for the Provider’s products or services or the safety of the product, and does not verify Provider’s compliance with applicable laws or regulations. ShipDone has no responsibility or liability for acts or omissions by any Provider or their representatives.
You agree that the items that you purchase will be provided by the Provider you have selected, that title to the goods passes from the Provider to you at the Provider’s location, and that you or Provider will be directed by your instructions to pickup or transport the products to your designated delivery location. You agree that neither the Provider nor ShipDone holds title to or acquires any ownership interest in any goods that you order through the Services.
6. User Account
You may be required to sign up for an account to use the Services or parts of the Services. You must provide current, accurate, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Software or Services. You are solely and fully responsible for all activities that occur under your login credentials or account. You agree that you shall regularly monitor your account to prevent use of the account by minors, and you will accept full responsibility for any unauthorized use of your account credentials or your account. You will not assign or otherwise transfer your User account to any other person or entity or authorize others to use your User status. Should you suspect that any unauthorized party may be using your password or account, you will notify ShipDone immediately. ShipDone will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by ShipDone or a third party arising from someone else using your account with or without your consent and regardless of whether you have been notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ShipDone has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ShipDone has the right to suspend or terminate your account and refuse any and all current or future access and use of the Software or Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use the ShipDone. You agree not to create an account or use the Services if you have been previously removed by ShipDone, or if you have been previously banned from use of the Services.
7. User Content
(a) User Content. ShipDone may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You hereby represent and warrant that you are the owner of, or otherwise have the right to provide, all the User Content that you submit, post and/or otherwise transmit through the Software and Services. You hereby grant ShipDone a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with ShipDone’ s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant ShipDone a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without any notifications or approval by you. You agree that this license includes the right for ShipDone and other Users to access and use or modify your User Content in conjunction with participation in the Services and as permitted through the functionality and features of the Services. In the interest of clarity, the license granted to ShipDone herein shall survive termination of the Services or your account. ShipDone reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under the equity or law if you or your representative post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that ShipDone may monitor and/or delete your User Content (but does not assume the obligation) for any reason in ShipDone’ s sole discretion. ShipDone may also access, read, preserve, and disclose any information as ShipDone reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of ShipDone, its users and the public.
(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to ShipDone through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that ShipDone has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to ShipDone a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licensable right and license to use, copy, publish , display, modify, remove, translate, publicly perform, create derivative works, distribute and/or otherwise use such Feedback.
(c) Ratings and Reviews. To the extent that you are requested to rate or post reviews or feedback of Providers or any other businesses (“Ratings” and “Reviews”), such Ratings, Reviews and Feedback are considered as User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by ShipDone and do not represent the views of ShipDone or its affiliates. ShipDone shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. As we strive continuously to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Provider or business; (ii) you will not provide a Rating or Review for any Provider or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free items, or other benefits from a Provider or business; and (iv) your review will comply with the terms of this Agreement. If we determine at any time, in our sole discretion, that any Rating or Review could diminish or violate the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may modify or remove such User Content without notice.
By creating a ShipDone account, you electronically agree to accept and receive communications from ShipDone, Providers, or third parties providing services to ShipDone including via email, text message, calls, and push notifications (cellular phone) provided to ShipDone. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of ShipDone, its affiliated companies and/or Provider, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. You may change your notification preferences by accessing the settings in your account if you do not wish to receive any notification emails, text messages, or any other communications.
By creating a ShipDone account, you also consent to the use of an electronic record to document your agreement. You may revoke or rescind your consent to the use of the electronic records by emailing ShipDone at email@example.com with “Revoke Electronic Records Consent” in the subject line.
To view or retain a copy of this agreement and disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either storage space or a printer on such device. For a free paper copy, or to update our records of your contact information, email ShipDone at support@ shipdone.com with contact information and the address for delivery.
10. Intellectual Property
ShipDone alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not assigns or convey to you any rights of ownership in or related to the Software or the Services, or any intellectual property rights owned by ShipDone. ShipDone names, ShipDone logos, and the product names associated with the Software and Services are trademarks of ShipDone or third parties, and no right or license is granted to use them. You agree that you will not remove, modify or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services.
(a) Prices. You understand that: (a) the prices for menu items displayed through the Services may differ from the prices offered or published by Providers for the same menu items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu items are sold; (b) ShipDone has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) ShipDone reserves the right to change such prices at any time, at its discretion. For certain orders or transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in store totals. In those situations, ShipDone reserves the right to charge your payment method the final price after checkout. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on ShipDone’s income). Payment will be processed by ShipDone, using the preferred payment method designated in your account.
(b) No Refunds. Fees or charges paid by you or your representative for completed and delivered orders are final and non-refundable. ShipDone has no obligation to provide refunds or credits, but may grant them, in each case in ShipDone’ s sole discretion.
(d) Fees for Services. ShipDone may change the fees for our Services as we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, and Surge Fees. ShipDone may also charge providers fees on orders that you place through the services, including commissions and other fees, and may change those provider fees as we deem necessary or appropriate for our business or to comply with applicable law.
12. Dispute Resolution
This section 12 (current section) of this agreement shall be referred to as the “arbitration agreement”. Please read the following section carefully. It requires you to arbitrate disputes with ShipDone and limits the manner in which you can seek relief
(a) Scope of Arbitration Agreement. By accepting this arbitration agreement you agree that any dispute or claim relating in any way or means to your access or use of the Services as a consumer of our Services, to any advertising or marketing communications regarding ShipDone or the Services, to any products or services sold or distributed through the Services that you received as a consumer of our Services, or to any aspect of your relationship or transactions with ShipDone as a consumer of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify and cannot be resolved through arbitration, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or ShipDone may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, copyrights, patents, domain names and trade secrets). This Arbitration Agreement shall also apply, without any limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
You agree that you elect not to participate in cases that attempt to assert class action claims, and if you agree to arbitration with ShipDone, you are agreeing in advance that you will not participate in or seek to claim or recover monetary or other relief in any such class, collective, and/or representative lawsuit. Instead, by agreeing to arbitration, you may bring your claims against ShipDone in an individual arbitration proceeding. If such claims are successful, you may be awarded money or other relief by an arbitrator.
(b) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a email requesting arbitration and describing your claim to firstname.lastname@example.org.
(d) Waiver of Jury Trial. YOU AND SHIPDONE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and ShipDone are instead electing to have claims and disputes resolved by arbitration, except as specified in section 12(a) above. In arbitration there is no judge or jury, and the court review of an arbitration award is limited.
(e) Waiver of Class or Consolidated Actions. YOU AND SHIPDONE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor ShipDone is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 18.
(f) Survival. This Arbitration Agreement will survive any termination of your relationship with ShipDone.
(g) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if ShipDone makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to ShipDone.
(a) Third-Party Websites, Applications and Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, ShipDone will not warn you that you have left ShipDone’s Website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of ShipDone. ShipDone is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. ShipDone does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
(b) App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and ShipDone and not with the App Store. ShipDone, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.
You agree to indemnify and hold harmless ShipDone and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software or Services; (c) your breach of this Agreement or any representation, warranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. ShipDone reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ShipDone in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
15. Disclaimer of Warranties
You expressly understand and agree that to the fullest extent of law, your use of the software and services is entirely at your own risk. Changes are periodically made to the software and services and may be made at any time without notice to you. The software and services are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Shipdone makes no warranties or representations about the accuracy, reliability, completeness or timeliness of the content made available through the software or services, or the services, software, text, graphics or links.
Shipdone does not warrant that the software or services will operate error-free or that the software or services are free of computer viruses and other harmful malware. If your use of the software or services results in the need for servicing or replacing equipment or data, shipdone shall not be responsible for those economic costs.
17. Breach And Limitation of Liability
(a) General. You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient, and to provide the Software and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 17 to keep the Software and Services simple and efficient, and costs low, for all users.
(b) Disclaimer of Damages. TO THE FULLEST EXTENT OF LAW SHIPDONE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE).
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and ShipDone agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Harris County Texas.
If you violate this Agreement, ShipDone may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.
In addition, at its sole discretion, ShipDone may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, ShipDone reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
It is ShipDone’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to ShipDone by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please email to email@example.com with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, ShipDone or any third party provider as a result of this Agreement or use of the Software or Services.
(b) Choice of Law. This Agreement is governed by the laws of the State of Texas consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
(d) Accessing and Downloading the Application from iTunes. The following applies to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):
(1) You acknowledge and agree that (i) the Agreement is concluded between you and ShipDone only, and not Apple, and (ii) ShipDone, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(3) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and to the fullest extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between ShipDone and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ShipDone.
(4) You and ShipDone acknowledge that, as between ShipDone and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(5) You and ShipDone acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between ShipDone and Apple, ShipDone, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(6) You and ShipDone acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(7) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
(e) Notice. Where ShipDone requires that you provide an e-mail address, you are responsible for providing ShipDone with your most current e-mail address. In the event that the last e-mail address you provided to ShipDone is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, ShipDone’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to ShipDone through the ShipDone’s contact us form in website.
(g) Electronic Communications. For contractual purposes, you (1) consent to receive communications from ShipDone in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ShipDone provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.
(h) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ShipDone without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
(i) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and ShipDone relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Provider.
Partner with us to grow your business and connect with your customers.Get Started