Terms & Conditions
TERMS OF SERVICE
Last Updated: January 4, 2021
E-Curbside LLC. has updated our Terms of Service in compliance with the laws of Virginia. By using the Platform, all Users such as Drivers, Senders & Customers (defined herein) hereby acknowledge and agree that they have read and understood these updated Terms of Service.
Terms & Conditions
Effective: January 4, 2021
These terms and conditions (“Terms“) set forth the terms and conditions upon which E-Curbside LLC., a Virginia, USA company (“E-Curbside”) requires you to accept if you want to download, install, access or use the E-Curbside platform (“Platform”) via our website at www.e-curbside.com (“Website”) and/or via any associated application or API (“App”) in order to receive Delivery Services (defined herein) from, or perform Delivery Services for, other Users (defined herein) of the Platform. The Terms, whether stated or otherwise, referenced herein constitute a legal agreement between you and E-Curbside. By using or accessing the Platform in any manner, including downloading, installing or using any App, or receiving or performing any Delivery Services, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time at our website or on the App. Upon accessing or using the Platform or receiving or performing Delivery Services you become a “User” of the Platform, whether as a Driver (defined herein) or a Sender (defined herein).
You may only access the Platform using the Website, an App or other specifically authorized means. It is your responsibility to check to ensure you download the correct App for your mobile, tablet, computer or similar device (collectively, a “Device “). E-Curbside is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the App for your Device. E-Curbside reserves the right to terminate your use of the Platform if you access the Platform with the wrong version of the App or an incompatible or unauthorized Device.
E-Curbside reserves the right to modify the terms and conditions of these Terms or any of its policies relating to the Platform or the accessing of Delivery Services by our Users thereon at any time, effective upon posting of an updated version of the Terms on our website and on our App. You are still responsible for regularly reviewing these places for any updates to the Terms. Use of the Platform after any updates to these Terms shall constitute your consent to all such changes made to the Terms in such update and your affirmation of your agreement to the updated Terms as a whole.
Our Services Unite Drivers and Senders
Our Platform is an “on-demand-delivery-service” that uses professional and nonprofessional drivers through a crowd source model, via an App, to pick up and deliver items to a location of choice. Our Platform makes possible a connection between those individuals and/or businesses (“Senders “) that want to contract with someone to pick-up, carry, and/or deliver personal property and goods (“Delivery Services “) and those individuals and/or businesses seeking to perform the Delivery Services (“Drivers “). For greater certainty, the Sender in some cases can also be the Customer or someone who signs-up to potentially use our Services (Driver, Sender, Customer and potential users are collectively referred to herein as “Users”). The performance of Delivery Services by a Driver, the time period in which these Delivery Services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, carried and/or delivered by a Driver, are collectively referred to in these Terms as “Goods”.
Our Platform via the app, connects third party drivers when opted in, to deliver and/or pickup Goods for third party Senders on-demand and gives those Senders the ability to schedule a pickup and/or delivery of their Goods. These include but are not limited to when a sender purchases an item in store, online or marketplace and requires that item purchased to be picked up and delivered to their location of choice on demand and when a sender requires a good to be shipped directly from the sender and/or any other location specified to the location of choice. Drivers are self-employed/independent contractors who choose to perform Delivery Services for Senders posting Goods on our Platform. At no time does E-Curbside control whether or when a Sender posts a particular Goods and places a request for delivery, or whether or when a Driver chooses to be opted in the platform and/or offers delivery services for a particular Goods. Agreeing to perform Delivery Services for Senders through the Platform does not preclude a Driver from providing Delivery Services, or any other types of services, under another platform or for other persons simultaneously.
E-CURBSIDE IS A LOGISTICS MANAGEMENT PLATFORM AND DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER. IT IS THE THIRD-PARTY DRIVERS’ SOLE DECISION WHETHER TO ACCEPT A DELIVERY REQUEST AND PROVIDE THE DELIVERY SERVICE REQUESTED BY A SENDER.
E-Curbside is Not Responsible for the Actions of its Drivers or its Senders. Our Platform enables connections between our Users to contract for Goods; however, E-Curbside has no control over and is not responsible for the performance, actions or inactions of any User, whether associated with the use of our Platform or the receiving or providing the Delivery Services via our Platform, in public, private, or offline interactions, or otherwise. E-Curbside relies on you, our Users, to follow some rules to keep the E-Curbside community safe, friendly and helpful for all.
Most importantly, Users need to know that every time you access or use the Platform, or receive or perform Delivery Services through the Platform, you expressly agree, represent and warrant that, at the time of each such access or use:
You are legally entitled to and have the right, authority and capacity to enter into the agreements set forth in these Terms and to fulfill your obligations hereunder.
Your use of the Platform is for your sole, personal use and you will not resell to a third party.
Drivers are at least 18 years of age or older, as may be required in a Province, State or other jurisdiction that restricts the ability to enter into agreements due to age.
If you are not the required age you must not use the Platform and you may not perform Delivery Services.
You will only create one User account.
You will keep secure and confidential your user account password or any identification we provide you which allows access to our Platform.
You will provide E-Curbside with such proof of identity we reasonably request and will not impersonate any person or entity or falsify or otherwise misrepresent yourself or your affiliation (actively or by omission) with any person or entity, including E-Curbside. Drivers must use a true facial picture in their profile when creating a E-Curbside account.
You will not represent yourself to be an agent, subcontractor, representative, employee or affiliate of E-Curbside.
You will only access and use the Platform and receive or perform Delivery Services for lawful purposes and in accordance with all applicable laws and regulations.
You will not access or use the Platform, or receive or perform Delivery Services for shipping, sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a crime.
You will keep in confidence and shall not disclose, or use for the benefit of others, all third parties’ confidential, proprietary, or personally identifiable and/or personal health information of which you may become aware as a User, except as necessary to carry out and perform under these Terms.
You will not collect or store any information about any other User. You will not access or use any information about any other User other than as allowed through the Platform and only as strictly needed during the delivery of Goods.
You will not contact any other User directly or outside of the Platform. You shall not contact another User directly once the delivery of the Goods is complete.
You will not stalk, intimidate, threaten or otherwise harass or cause physical or mental distress to any third party, including other Users and E-Curbside staff and representatives.
You will not copy, or distribute text, graphics, images, music, software, audio, video, information or other like materials related to our Website, Platform or App (collectively, our “Content “) without the prior written consent of E-Curbside.
You will not access or use our Platform or receive or perform Delivery Services in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Platform or receiving or performing Delivery Services.
You will not infringe the rights of any third party (including other Users and E-Curbside) and including, intellectual property, privacy, publicity or contractual rights.
You will not discriminate against someone based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
You will not assist any third-party in any of the above.
ALL CONTACT BETWEEN USERS SHOULD END WHEN THE GOODS ARE DELIVERED. TEXTING, CALLING, OR TRYING TO VISIT SOMEONE IN PERSON AFTER THE GOODS HAVE BEEN DELIVERED IS PROHIBITED. YOU SHOULD IMMEDIATELY ALERT E-CURBSIDE IF ANOTHER USER CONTACTS YOU FOR ANY REASON OTHER THAN IN RESPECT OF YOUR GOODS.
Keeping the E-Curbside Community safe, friendly and helpful for all means that all Users of our Platform have a responsibility to treat each other with respect and dignity. That is why E-Curbside strictly enforces its Non-Discrimination and Respect Other Policies as set forth below.
ANY USER FOUND TO HAVE VIOLATED THE FOLLOWING NONDISCRIMINATION POLICY OR RESPECT OTHERS POLICY WILL IMMEDIATELY LOSE ALL ACCESS TO THE PLATFORM.
E-Curbside Non-Discrimination Policy
E-Curbside and its affiliates prohibit discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. E-Curbside wants all our Users to feel safe and welcome and we do not tolerate any conduct that we determine to be discriminatory. Such discrimination includes, but is not limited to, intentionally refusing or canceling delivery of Goods solely for the purpose of avoiding a particular neighborhood due to the characteristics of the people or businesses that are in that area or because you are uncomfortable with certain persons based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
E-Curbside Respect Others Policy
E-Curbside prohibits all Users from displaying any aggressive, confrontational, intimidating, threatening or harassing behavior toward others, including without limitation:
Hitting, hurting, or intending to hurt any person or animal, or threatening to do the same.
Using language or making gestures that could be disrespectful, harassing or threatening.
Sexual assault or sexual harassment or misconduct of any kind. Assault includes any intentional bodily contact made without explicit consent of the other person, and sexual harassment and misconduct, includes without limitation unconsented to advances, behaviors and remarks like nudging, whistling, winking or flirting, discussing your own or someone else’s sex life, using explicit language, or making jokes about sex.
Disrespecting personal space and/or privacy, like standing unnecessarily close, or commenting on personal appearance, perceived gender identity, or sexual orientation, or asking unrelated personal questions.
A. Driver Background Checks
Prior to allowing you to perform delivery of Goods, and at any time thereafter, as and when determined in our sole discretion, without any additional consent from you (or otherwise as allowed pursuant to applicable law), Drivers are required and consent to be screened via a Background Check and undergo a Verification process conducted by a third-party provider for Drivers. The verifications that are performed but not limited to are: Enhanced Criminal Background Check, Electronic Identity Verification, Driver’s License Verification. When, for whatever reason the verification is denied, Drivers will be prompted to do a Live Video chat to confirm their verification. During registration and verification to be a Driver, you are required to provide a valid driver's license and any other documents that may be deemed necessary to successfully conduct the verification and background check
The Background Check is conducted by an independent third-party. E-Curbside has no responsibility for the accuracy or reliability of the identity of any Driver, the completeness of the information provided to complete the Background Check or the results of the Background Check. E-Curbside have no liability for any action taken or omission made by it or any third party in response to information provided by the third-party background check and verification provider, including using any information provided therein to decide about whether a Driver may perform any delivery of Goods.
SENDERS SHOULD ALWAYS CHECK A DRIVERS’ IDENTIFICATION AND MATCH IT TO THE DRIVERS’ INFORMATION IN THE APP PRIOR TO HANDING OVER THEIR GOODS WHEN THE SENDER CHOOSES AND/OR IS PROMPTED TO BE ON LOCATION (HOME AND/OR OFFICE) TO RECEIVE THE GOODS.
B. Sender Screening
E-Curbside does not conduct Background Checks or screening on any Sender for the purposes of allowing them to access and use our Platform to arrange for Delivery Services; however, E-Curbside reserves the right to begin conducting such checks and screening of Senders as it deems appropriate in its sole discretion.
Any screening or Background Check process is not a substitute for your good judgment when interacting with other Users. At all times while accessing or using our Platform and during the time of delivery of Goods, you must exercise caution and use your common sense.
ALL USERS ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING OUR PLATFORM TO RECEIVE OR PERFORM DELIVERY SERVICES, THEY MAY BE EXPOSED TO UNKNOWN THIRD PARTIES AND CONTENTS IN GOODS THAT MAY BE OR ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE.
A. Permits, Auto Insurance and Health Insurance
Because Drivers act as their own employer in providing Delivery Services via the Platform, E-Curbside does not, and has no responsibility to, provide or pay for any permit, license or insurance a Driver may need or that may be advisable, to perform Delivery Services via the Platform. Many Provinces and States require a Driver to be a certain age and have permits and/or licenses to carry certain Goods. Additionally, many insurance companies will require a Driver to have some level of commercial insurance if using a personal vehicle for business purposes and all Drivers should be aware that their standard automobile liability insurance may not provide them coverage while a Driver is engaged in delivery of Goods and/or while or logged into the App.
E-Curbside does not provide health insurance, or any other compensation to Drivers if they are hurt or injured while performing a delivery of Goods, and E-Curbside does not carry workers’ compensation insurance for any Driver unless specifically required by a Provincial and/or State law. For these reasons, all Drivers are required to have adequate health insurance prior to performing a delivery of Goods. Only you, as a Driver, can know if you are physically capable of handling a delivery of Goods you agree to deliver, and E-Curbside is not liable to you for any costs or damages you may suffer if you are hurt or injured while performing the delivery of Goods. At all times, Drivers are solely responsible for the costs of any medical care you may require due to any such injury.
It is a Drivers’ sole responsibility to know what auto insurance, health insurance, licenses and permits are required or recommended and to procure the same prior to offering to deliver Goods. A Driver must have valid auto insurance in such amounts as required by Provincial and/or State laws, and its insurer to cover Driver’s performance of delivery of Goods through the Platform prior to offering to deliver Goods. A Driver will not be allowed to deliver Goods and will be removed from the Platform if the Driver does not have auto insurance coverage in at least the minimum amounts required by the province and/or State within which the Driver provides Delivery Services. A Driver must always carry proof of all required auto insurance coverage while delivering Goods and must provide the same to E-Curbside and/or other authorities and officials upon request.
Drivers are responsible to carry their own auto policy. In the event of an accident, the Driver will turn to their own personal or commercial auto policy for any liability and/or physical damage that results. E-Curbside does not assume any liability whatsoever and does not provide any insurance coverage for the Driver. A Driver must have a current auto insurance policy that meets or exceeds the minimum requirements in the state/province where the Driver's vehicle is registered and that covers the Drivers performance of deliveries on the Platform. A Driver must have such auto insurance in place and in their vehicle prior to using the Platform. A Driver will not be allowed to deliver orders and will be removed from the Platform if the Driver does not have adequate auto insurance coverage. The Driver must always carry proof of all required auto insurance coverage while performing deliveries on the Platform and must provide the same to E-Curbside prior to commencing the Driver’s use of the Platform, and/or other authorities and officials upon request. While only your insurance carrier can tell you what coverage is required in your state/province, many Drivers carry commercial insurance to protect themselves against liability in the event of an accident. E-Curbside strongly recommends that Drivers check with their insurance carrier to confirm coverage requirements before completing any deliveries on the Platform to ensure that the Driver has adequate insurance coverage to meet the terms and conditions set out herein. Drivers must also provide E-Curbside with the necessary contacts of their insurance carrier in the event of a motor vehicle accident or other claim related to delivery on the Platform.
Drivers expressly acknowledge that E-Curbside does not provide automobile liability, workers’ compensation or health insurance coverage to Drivers and is not responsible for paying for any liability that may arise from a Driver’s performance of delivery of Goods, including any bodily injury or damage to property caused by or to the Driver while delivering Goods.
Drivers expressly acknowledge that provision of Delivery Services through the Platform may have financial consequences to you related to personal income tax and personal property tax liabilities.
A DRIVER MUST HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS TO CARRY ALL GOODS AND ITEMS CONTAINED WITHIIN GOODS WHETHER OR NOT LISTED AS A SPECIAL ITEM. ALL DRIVERS SHOULD CHECK WITH PROFESSIONALS TO ENSURE THAT YOU HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS BEFORE YOU OFFER FOR THE DELIVERY OF GOODS. E-CURBSIDE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DRIVER OR SENDER NOT HAVING THE PROPER AUTHORITY, PERMITS, LICENSES OR INSURANCE TO ENTER INTO THE TRANSACTIONS AGREED UPON ON THE PLATFORM.
Driver’s Obligations with Respect to Confidential Information
During the performance of delivering Goods, Drivers will have access to the “Confidential Information” of many third parties, including without limitation, the Confidential Information of E-Curbside, Senders, and/or recipients of Goods. For purposes of these Terms, “Confidential Information” means all information, whether oral, written, contained on electronic media or otherwise, to which a Driver is given or has access to, or is made available to the Driver in connection with the performance of delivering Goods, including without limitation names, addresses, telephone numbers and other information which may be used to specifically identify a person (“PII” or “Personally Identifiable Information”), and health information protected under the Health Insurance Portability and Accountability Act (USA). Confidential Information shall include, without limitation, all information regarding E-Curbside’ personnel or customer information of E-Curbside, Senders and/or recipients of Goods of which a Driver becomes aware.
E-Curbside and Drivers have special obligations with respect to the protection of Personally Identifiable Information and Protected Health Information, and a Driver is responsible for both knowing those obligations and complying with the same. Failure to meet these obligations will result in the Driver’s permanent removal from the Platform and the Driver shall be fully prosecuted of the law.
A. Personally Identifiable Information
PII refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. It is important to recognize that non-PII can become PII whenever additional information is made available (in any medium and from any source) that, when combined with other available information, could be used to identify an individual. E-Curbside and Drivers are under a strict obligation not to use or disclose PII except as necessary to perform and deliver Goods.
B. Protected Health Information
If a Driver delivers Goods containing prescriptions, medicines or other medical documents, the Driver may have access to Protected Health Information. E-Curbside and Drivers are under a strict obligation not to use or disclose the Protected Health Information of anyone except as necessary to perform and deliver Goods. In addition, these Drivers must comply with all provincial, state, federal and local laws, including each of the Personal Information Protection and Electronic Documents. To learn more about complying with these regulations, please clink on the links below:
BY USING THE PLATFORM TO RECEIVE OR PERFORM DELIVERY SERVICES YOU MAY AND/OR WILL GAIN KNOWLEDGE OF THIRD PARTIES’ CONFIDENTIAL, PROPRIETARY, PERSONALLY IDENTIFIABLE AND/OR PROTECTED HEALTH INFORMATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, AS A USER OF THE PLATFORM ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF ALL SUCH CONFIDENTIAL AND PERSONAL INFORMATION AND YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES MAY YOU DISCLOSE SUCH INFORMATION TO ANY OTHER PERSON OR USE SUCH INFORMATION FOR ANY OTHER REASON THAN TO RECEIVE OR PERFORM DELIVERY SERVICES VIA THE PLATFORM.
Restrictions on Good Contents
A. Prohibited Items
Senders are prohibited from including in any Goods, and all Drivers are prohibited from knowingly accepting, picking up, carrying or delivering any containing the following “Prohibited Items”:
Anything illegal including, without limitation, drugs and other contraband.
Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
Any “Hazardous Material” not categorized as limited or excepted quantities as defined in 49 C.F.R. or categorized as limited or excepted quantities but not packaged and labeled in accordance with all applicable laws.
“Special Items” listed below, unless the Sender has the prior written consent of E-Curbside.
ANY DRIVER DISCOVERING A PROHIBITED ITEM IN A GOOD SHALL IMMEDIATELY NOTIFY E-CURBSIDE AT CS@E-CURBSIDE.COM FOR FURTHER DIRECTION.
B. Special Items
Only certain Senders with the prior written consent from E-Curbside may send the “Special Items” listed below. These Senders are required to disclose each such Special Item when setting up the delivery of Goods and must fully comply with all restrictions with respect to the Special Item set forth below, as well as all applicable laws and regulations with respect to the following Special Items:
Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the local authorities.
Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount.
Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons.
Cremated remains, human remains, fetal remains, human body parts, or components thereof.
Heavy haul, oversize or overweight items, either individually or collectively, weighing more than 400 lbs., and/or individually exceedingly more than 12 feet in any dimension (“Oversized Items”).
All live animals.
DRIVERS ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL RULES AND REQUIREMENTS TO CARRY GOODS CONTAINING ANY SPECIAL ITEMS PRIOR TO OFFERING ON SUCH GOODS, WHETHER RULES AND REQUIREMENTS ARE INCLUDED IN THESE TERMS AND/OR IMPOSED BY UNITED STATES APPLICABLE LAWS.
Cigarettes, Tobacco Products, Wine, Beer or Other Alcoholic Beverages
A. A Driver must be 21 years of age to deliver any Goods containing cigarettes, tobacco products, wine, beer or other alcoholic beverages. When delivering Goods including cigarettes, tobacco products, wine, beer or other alcoholic beverages, a Driver shall request a valid, government-issued identification demonstrating that the recipient of the Goods is 21 years of age or older. Examples of valid, government-issued IDs are Drivers Licenses, Passports,
When delivering Goods including wine, beer or other alcoholic beverages, a Driver shall also verify that the recipient of the Goods is not visibly intoxicated before delivering the Items. Many States have laws prohibiting the delivery of any alcoholic beverages to anyone who is visibly intoxicated, and a Driver can be personally liable for doing so. Before offering on a delivery of Goods containing any alcoholic beverage a Driver must be familiar with the signs of visible intoxication.
B. What are the signs of “Visible Intoxication”?
If you can tell on sight that a person has been drinking or using other drugs, the person is visibly intoxicated. Some common signs of visible intoxication are listed below. These are not all the possible signs. And if a person shows just one or two of these signs that does not necessarily mean the person is intoxicated. But if a person shows a combination of several signs that could be a strong indication that the person is intoxicated. Remember that intoxication can result from the use of drugs other than alcohol.
IF YOU’RE NOT SURE, DON’T DELIVER THE GOODS AND CONTACT E-CURBSIDE SUPPORT.
Bloodshot, glassy or watery eyes, flushed face
Blank stare or dazed look
Twitching or body tremors
Odor of alcohol, marijuana or chemicals, excessive perspiration
Thick, slurred speech, loud, noisy speech
Speaking loudly, then quietly rambling train of thought, unusually fast or slow talking
Slow response to questions or comments
Making irrational statements, attitude, argumentative
Aggressive or belligerent, obnoxious or mean, inappropriate sexual advances, boisterous
Swaying, staggering or stumbling restless
Depressed or sullen
Crying or moody
Extreme or sudden change in behavior
Overly animated or entertaining
Crude, inappropriate speech or gestures
Drowsiness or falling asleep
Lack of focus and eye contact, difficulty standing up
Difficulty remembering, disoriented
IF A DRIVER CANNOT COMPLETE THE DELIVERY OF A GOOD CONTAINING CIGARETTES, TOBACCO PRODUCTS, WINE, BEER OR OTHER ALCOHOLIC BEVERAGES DUE TO FAILURE TO PRODUCE A VALID, GOVERNMENT-ISSUED IDENTIFICATION DEMONSTRATING THAT THE GOODS RECIPIENT IS 21 YEARS OF AGE OR OLDER, OR DUE TO THE [GOODS] RECIPIENT BEING VISIBLY INTOXICATED, THE DRIVER SHALL IMMEDIATELY NOTIFY E-CURBSIDE AT CS@E-CURBSIDE.COM FOR FURTHER DIRECTION.
E-CURBSIDE HAS AND TAKES NO RESPONSIBILITY OR LIABILITY TO EITHER DRIVERS OR SENDERS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY GOODS OR A SENDER’S FAILURE TO DISCLOSE A SPECIAL ITEM OR LIVE ANIMAL OR A DRIVER’S OR SENDER’S FAILURE TO COMPLY WITH ALL LAWS APPLICABLE TO IT.
13. Oversized Items
E-Curbside signs up Drivers in pool that range from cars all the way up to pickup trucks and refrigerated and dry cargo vans to accommodate any size of Goods. All Drivers acknowledge and agree that E-Curbside is not liable to any Driver for any costs or damages you may suffer if you are hurt or injured while performing the delivery of Goods and that you are not qualified to receive any heath care or other compensation from E-Curbside if the Driver is injured performing the delivery of packages, whether such Goods contain bulky, heavy or oversized item(s). Drivers always acknowledge and agree that you are solely responsible for the costs of any medical care you may require due to any injury received while performing the delivery of any Goods.
A. Sender Open Box Policy
E-Curbside encourages the use of minimal packaging both to help our environment and so our Drivers know what they are taking along on their ride. When packaging is required or desired, E-Curbside supports and strongly encourages its Drivers and Senders to always use an “Open Box Policy”. E-Curbside’ Open Box Policy means our Senders should always leave packaging open so that a Driver may inspect the contents before leaving with the [Goods]. If a Sender does not leave the packaging open, a Driver always has the right to require a Sender to open packaging to inspect items before leaving with the [Goods].
B. New In Box Items
If all or part of a Good (including products that are purchased in store or online and are prepackaged) contains new in-box items that have been pre-packaged by the Sender and are not open for a Driver to inspect, a Driver has the responsibility to inspect the outside of the packaging. If there is any damage to the outside of the packaging, the Driver should note any damage (it is easiest to take a picture and send it to cs@E-Curbside.com) and wait for instructions from E-Curbside on following steps regarding damaged Goods.
No matter whether the Good is pre-packaged or open for inspection, if a Driver does not note any damage to an item in the Good while picking the Good up, it will be assumed that the damage will have been caused while in the Driver’s possession and THE DRIVER WILL BE LIABLE FOR ANY DAMAGES TO THE GOODS.
A Driver is never under an obligation to take or bring anything that the Driver has not been given the right to inspect as described and limited above and can always cancel the Good without penalty if a Sender does not allow you to inspect or gives you a hard time about asking to inspect the Good as required by E-Curbside.
D. Packing Your Goods Generally
Senders have the responsibility to package items appropriately based on level of risk, fragility and other factors specific to the individual item. E-Curbside is not liable for loss or damage to any Goods if it is not properly packed to withstand transport, or to ensure the safety and integrity of the item or in compliance with all applicable laws.
All packaging for such items should be based on the characteristics of the item, in the sole discretion of the Sender. E-Curbside cannot know what packaging is necessary for any item you send. Please use your common sense when packing your Good. It is a requirement of receiving reimbursement from the “Third-Party Protection Plan” (defined herein) that you adequately package your Goods. E-Curbside has no and will have no responsibility to protect you under its Protection Plan for any loss of, or damage to, any item that has not been adequately packed.
15. Third-Party Protection Plan
E-Curbside wants you to feel confident that your Goods are in safe hands. The third-party protection plan is third party insurance coverage offered to Senders of the Platform, Senders have the option, but not the obligation, to opt into the Third-Party Protection Plan. The Third-Party Protection Plan cannot be and will not be added once a delivery of Goods is assigned to a Driver. By using the Platform, (i) Senders acknowledge and agree that, other than the Third-Party Protection Plan, Senders shall not be reimbursed whatsoever for their cost to replace or repair Senders’ items of personal property lost, damaged or stolen during a delivery of a Good arising from a Drivers’ negligence or willful misconduct and (ii) Senders fully release E-Curbside from any and all claims/liability in connection with the Senders’ cost to replace or repair Senders’ items of personal property lost, damaged or stolen during a delivery of a Good arising from a Drivers’ negligence or willful misconduct.
If a Sender purchases the Third-Party Protection Plan, E-Curbside will reimburse a Sender for its actual costs to replace or repair Senders’ items of personal property that may be lost or damaged or stolen during a delivery of Goods and arising directly from a Driver’s negligence or willful misconduct, up to a maximum amount equal to the Third-Party Protection Plan. The total amount of the Third-Party Protection Plan purchased in connection with a delivery of Goods applies no matter how many items are included in such Goods. A Sender must prove the value of the item(s) in the Goods in question which are the subject of the claim, regardless of the value declared or the amount of the Third-Party Protection Plan purchased. E-Curbside will not pay on a claim without proof of the declared value under the Third-Party Protection Plan. You must also provide documentation that verifies the replacement or repair cost of the item which is the subject of your claim.
PLEASE BE AWARE THAT NO MATTER WHAT TOTAL VALUE YOU DECLARE FOR YOUR GOODS OR ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH GOOD, E-CURBSIDE’ MAXIMUM REIMBURSEMENT TO YOU FOR LOSS OR DAMAGE TO ANY OR ALL ITEMS IN THE GOODS IS THE AMOUNT YOU PURCHASE UNDER THE THIRD-PARTY PROTECTION PLAN.
B. Qualification for Third-Party Protection Plan
To qualify for the above noted Third-Party Protection Plan, the Sender must declare the value of all items within the Goods and comply with E-Curbside’ other requirements when initiating the delivery of such Goods in the App or on the Website, including taking a picture of all items included within such Goods. When submitting a claim, the Sender must complete a claim form and fully cooperate with E-Curbside in investigating the claim and shall provide such information and documentation as E-Curbside shall reasonably request in connection with the same including, where applicable, any packaging used by the Sender for the damaged item, proof of value of the damaged item, and where applicable, a satisfactory police report. E-Curbside shall have no liability to a Sender, and no responsibility to pay on a Sender’s claim, if the Sender does not cooperate with E-Curbside in investigating the claim.
C. Limits on Recovery
E-Curbside’ liability to any Sender for loss, damage or theft of the Sender’s personal property during the delivery of a Goods is always limited to a Sender’s actual, documented costs to repair or replace the items subject to the claim. No matter the amount of the Third-Party Protection Plan purchased, E-Curbside will pay a Sender only for that Sender’s actual, documented costs to repair or replace the items subject to the claim. Additionally, and notwithstanding a Sender’s purchase of the Third-Party Protection Plan offered by E-Curbside, E-Curbside is not liable whatsoever for loss and/or damage to any Goods or any item(s) therein if the item(s) are not properly packed to withstand transport.
The Third-Party Protection Plan limits a Sender’s recovery for loss or damage to certain items, If your Goods contain one of the items below, E-Curbside’ maximum liability and obligation to you for loss, theft or damage to such items are as follows:
Media: E-Curbside’ liability for media, such as documents, film, or photographs contained in a Goods limited to the replacement cost of the media on which the content is recorded. E-Curbside will not reimburse for any emotional damages related to the loss or any other direct or indirect damages related thereto. Maximum Reimbursement up to limits of Third-Party Protection Plan chosen by Sender.
Documents: E-Curbside’ liability for any documents (legal or otherwise) contained in a Good is limited to the replacement cost of such. E-Curbside will not reimburse for any emotional damages related to the loss or any other direct or indirect damages related thereto. Maximum Reimbursement up to limits of Third-Party Protection Plan chosen by Sender
Unopened, new-in-box consumer electronics: E-Curbside liability for unopened, new-in-box consumer electronics contained within a Goods is limited to cases where there is significant, visible and documented damage to the packaging of the item, which damage occurred while in the Driver’s possession. Maximum Reimbursement up to limits of Third-Party Protection Plan chosen by Sender.
Used Electronics: E-Curbside shall have NO liability for “used” electronics contained within a Goods. For purposes of these Terms, “Used” is defined as any such item that has been opened and removed from its original packaging, even if never actually used. No Reimbursement.
Home/Office Furniture & Home/Office Decor: E-Curbside’ liability for home furniture and decor items, whether interior or exterior furniture and decor, contained within a good is limited to cases where there is significant, visible and documented damage to the good and packaging of the good, which damage occurred while in the drivers’ possession. Maximum reimbursement up to limits of Third-Party Protection Plan chosen by Sender.
Used Furniture & Home Decor: E-Curbside shall have NO liability for “used” furniture & decor items contained within a Good. For purposes of these terms, “Used” is defined as any such item that has been opened and removed from its original packaging, even if never actually used. No reimbursement.
Appliances: E-Curbside liability for appliances is limited to cases where there is significant, visible and documented damage to the good and packaging of the good, which damage occurred while in the drivers’ possession. Maximum reimbursement up to limits of Third-Party Protection Plan chosen by Sender.
Used Appliances: E-Curbside shall have NO liability for “used” appliance items contained within a Good. For purposes of these terms, “Used” is defined as any such item that has been opened and removed from its original packaging, even if never actually used. No reimbursement.
Building Materials: E-Curbside’ liability for building materials is limited to cases where there is significant, visible and documented damage to the good and packaging of the good, which damage occurred while in the driver’s possession. Maximum reimbursement up to limits of Third-Party Protection Plan chosen by Sender.
Used Building Materials: E-Curbside shall have NO liability for “used” building materials contained within a Good. For purposes of these terms, “Used” is defined as any such item that has been opened and removed from its original packaging, even if never actually used. No reimbursement.
Automotive Parts & Tires: E-Curbside’ liability for parts is limited to cases where there is significant, visible and documented damage to the good and packaging of the good, which damage occurred while in the drivers’ possession. Maximum reimbursement up to limits of Third-Party Protection Plan chosen by Sender.
Used automotive Parts & Tires: E-Curbside shall have NO liability for “used” parts & tires contained within a Good. For purposes of these terms, “Used” is defined as any such item that has been opened and removed from its original packaging, even if never actually used. No reimbursement.
Essential Items (Groceries, etc): E-Curbside liability for essential items is limited to cases where there is significant, visible and documented damage to the good and packaging of the good, which damage occurred while in the drivers’ possession. Maximum reimbursement up to limits of Third-Party Protection Plan chosen by Sender.
Prohibited and Undisclosed Special Items: E-Curbside shall have NO liability for any Prohibited Item, or any undisclosed Special Item contained within a Good. No reimbursement.
SENDERS SENDING ANY OF THE ABOVE ITEM(S) WITHIN A GOOD DO SO AT THEIR OWN RISK. E-CURBSIDE WILL NOT REIMBURSE ANY SENDER FOR ANY GOODS OR THE ITEM(S) IN THE GOODS IN EXCESS OF THE ABOVE NOTED MAXIMUM REIMBURSEMENT LIMITS, NO MATTER THE ITEM(S) ACTUAL VALUE AND NO MATTER WHETHER SENDER PURCHASED THIRD-PARTY PROTECTION PLAN FOR SUCH GOOD.
D. Filing a Claim
As a Sender, you must file a claim within three (3) business days of the Goods being delivered. To file a claim:
Collect proof of value documentation for the items that are part of the claim. Collect pictures of the items that are part of the claim.
For a claim related to damaged items, obtain and keep the damaged items. If E-Curbside pays out on a claim, E-Curbside will need to collect the items. Fill out all fields on the claim form.
Email the completed claim form, proof of value documentation, and all pictures of the damaged items to claims@E-Curbside.com.
Most claims will be resolved within ten (10) business days after we receive your completed claim form and supporting documentation. E-Curbside will notify you of its decision and the amount to be paid to you. After you sign a full and final release in respect of the claim in question, E-Curbside will issue you a check, credit your PayPal account, credit to your E-Curbside account for next order, or replace the item for you, all at E-Curbside’ sole option. That decision is final and cannot be appealed
F. Proof of Value and Packaging
A Sender must prove the value of the item in the Goods subject to the claim, regardless of the value declared or the amount of additional protection purchased. E-Curbside will not pay on a claim without proof of the declared value. You must also provide documentation that verifies the replacement or repair cost of the item subject to the claim.
Additionally, a Sender must provide all packaging used in the packing of the items subject to the claim or the items themselves when submitting a claim. In cases of an unexplained loss or other mysterious disappearance of an item, the Sender must also provide a satisfactory police report with respect to the Goods when submitting a claim.
G. Repairing or Replacing an Item
When repairing or replacing items, E-Curbside, it is sole discretion, can reimburse the Sender in the following ways:
The lowest price paid for the Goods.
The replacement cost of the Goods at the time and place of loss or damage the cost of repairing the damaged Goods.
You must provide a third-party repair quote or evaluation from a qualified repair facility. If the third-party decides that the items as not repairable, E-Curbside will pay the actual or replacement value up to the maximum liability under the Third-Party Protection Plan. You must submit all repair quotes as part of the claims process. While E-Curbside may pay the cost of repair, it is the Sender’s responsibility to have the item repaired.
H. Loss or Damage to Limited Part of Goods
In the event of loss or damage to a set of Goods, E-Curbside is only liable to the value of the part of the set that is lost or damaged. E-Curbside is not liable for the value of the whole pair or set. In the event of loss or damage to any part of a Good (including any part of a machine) that consists of several parts, E-Curbside is only liable for the value of the part lost or damaged, not to exceed the declared value of the part lost or damaged. In no event will E-Curbside be liable for the value of the complete Goods.
I. Third-Party Claims Providers
E-Curbside may use a third-party provider to manage the claims process. In cases of damage to a Special Item, E-Curbside (or its provider) will analyze the integrity of packaging and associated materials and will determine adequate packaging in its sole discretion.
By using the Platform, Senders acknowledge and agree that outside of the Third-Party Protection Plan, E-Curbside does not have control over, and has no responsibility whatsoever for, any damage to the content(s) of a Goods and that a Driver is solely responsible to a Sender, therefore.
Cancellations and No-Shows
A. Cancellation by Senders/Customer
When a delivery request is made, Sender/Customer can only cancel an order during the period before a Driver is assigned to their delivery request by tapping “cancel” on the order screen. Once a Driver is assigned to a delivery request, Sender/ Customer does not have the ability to cancel the delivery of the Goods that are the subject of such delivery request. If a Sender/Customer wishes to cancel their delivery request after the Driver has been assigned to their delivery request, Sender/Customer must call and/or email Customer Support at (833) 358-2522, / email@example.com
B. Cancellation by Drivers
If a Driver needs or wants to cancel a delivery of Goods, please cancel the delivery of Goods as soon as possible. This will notify the Sender and allow another Driver to accept the delivery of such Goods. To cancel a delivery of Goods, tap “Cancel” on the Goods details screen within the E-Curbside App, or call Customer Support at (833) 358-2522. Once a Driver accepts the Order, the Driver is expected to not cancel the Order, and to fulfill the delivery request unless the Driver is in an emergency scenario (such as a flat tire, accident and or personal and health emergency). Once a Driver accepts an order, picks up the Goods under that order and then cancels, the Driver must wait at the point of cancellation for another Driver to come and pick up the delivery that the first Driver cancelled, and the second Driver will fulfill the delivery request so cancelled by the first Driver.
17. Actions Leading to Temporary Suspension and/or Permanent Termination of Accounts
Without limiting any other of its remedies at law or in equity, E-Curbside may temporarily suspend and/or permanently terminate your E-Curbside account and access to the Platform and any participation in the Delivery Services if:
you breach, are suspected of breaching, or are alleged to have breached these Terms or the Terms or any Driver or Sender Agreement to which you are subject or any of E-Curbside other terms or policies governing a User’s use of the Platform.
we are unable to verify or authenticate any information you provide to us.
a Driver's license and/or insurance expires and is not renewed immediately (then the driver will be suspended from the Platform until such proof provided that the documents have been renewed and in good standing);
we believe that your actions may cause financial loss or legal liability for you, our Users or E-Curbside, its affiliates, or third-party providers;
we believe you may subject E-Curbside or you or any other User to regulation by any state or province or local government or regulatory agency;
we suspect or it has been alleged that you have engaged in fraudulent, illegal or harmful activity in connection with your use or access of the Platform or App, or in connection with your receiving or providing Delivery Services or you or your account is the subject of an investigation of alleged or suspected fraudulent, illegal or harmful activity; or
Prohibited Items are discovered in your Goods.
E-Curbside may temporarily suspend a user’s account while investigating any incident or action that could lead to E-Curbside permanently terminating the User’s account. A User’s account may be suspended for such time as E-Curbside determines in its sole discretion. A User may provide E-Curbside notice in writing of any extenuating circumstances surrounding the events leading to the suspension and/or termination which E-Curbside may consider in its sole and absolute discretion when making decisions regarding the status of the User’s account.
ALL E-CURBSIDE ACTIONS TAKEN WITH RESPECT TO THE TEMPORARY SUSPENSION AND/OR TERMINATION OF YOUR ACCOUNT MAY BE TAKEN IN E-CURBSIDE’ SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU.
Other actions that may lead to E-Curbside suspending or permanently terminating your account are:
A. Cancellations and No Shows
E-Curbside may temporarily suspend your account after your second Cancellation or No Show and may permanently terminate your account upon your third Cancellation or No Show.
B. Negative Ratings
E-Curbside may temporarily or permanently suspend a Driver’s account after the Driver’s overall rating falls below 4-stars per E-Curbside’ Suspension Guidelines, which provide for steps including mandatory coaching, 7-day suspensions, 30-day suspensions, and permanent suspensions/terminations based on the severity and frequency of poor ratings and performance while engaged on the Platform.
C. Third-Party Protection Plan Claims
E-Curbside may temporarily suspend your account if your Goods are subject to a claim under the Third-Party Protection Plan during the investigation of such claim. If a User is found to be liable for the claim, E-Curbside may permanently terminate the account of a Driver or Sender. Additionally, E-Curbside may permanently terminate an account if a Driver or Sender has 2 Goods that are the subject of claims under the Third-Party Protection Plan.
D. Loss of Items in Goods
E-Curbside will temporarily suspend a Driver’s account if your Goods are subject to a claim of “shortages” or “mysterious disappearances” during the investigation of such claim. If a User is found to be liable for the claim, E-Curbside may permanently terminate. Additionally, E-Curbside may permanently terminate the account of a Driver if the Driver completes 2 or more Goods with “shortages”; or if a Driver has 2 or more “mysterious disappearances” of an item in a Good.
E. Inactive Accounts
E-Curbside reserves the right to suspend or terminate any User’s account that has been “inactive” for ninety (90) days or more. If a Driver has not offered on a delivery of [Goods] within the past ninety (90) days, such Driver is deemed to be inactive.
F. Reactivation of Temporarily Suspended Accounts
E-Curbside may reactivate any Driver or Sender account suspended after investigation by E-Curbside in its sole discretion.
YOU CAN LOSE YOUR USERNAME AND PERSONA AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE PLATFORM, APP OR ANY PORTION THEREOF, AND E-CURBSIDE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD PAYMENTS TO YOU, LIMIT, SUSPEND OR TERMINATE YOUR USER ACCOUNT, PROHIBIT ACCESS TO OUR PLATFORM, APPS, WEBSITES, AND THEIR CONTENT (INCLUDING YOUR OWN), SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING OUR PLATFORM, APPS, WEBSITES OR ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS AND OTHER PUBLISHED E-CURBSIDE TERMS OR POLICIES.
18. Billing and Payment
For Customers: When Customers create a delivery request order and input the necessary information within the App, they will be asked to input their credit card details to process the order. Once an order is processed, the Customer’s order is now created and dispatched to the pool of Drivers. E-Curbside uses a third-party payment service provider that collects payment within the platform. By using the App, Consumer agrees that they are subject to the terms and conditions of that payment service provider. Please note that E-Curbside is not a party to the PSP Agreement and has no obligations or liability to any User under the PSP Agreement.
For Drivers: Drivers are paid offline, outside of the App, and once a week. E-Curbside will provide E-Curbside On-Demand Pay.
A. Payment Processing.
Payment processing services for E-Curbside are provided by a third-party payment service provider, (herein known as the “Payment Processing Services Provider”). E-Curbside reserves the right to switch payment processing vendors or use alternate or backup vendors at its discretion. Users herby authorize E-Curbside to share with the Payment Processing Services Provider, from time to time, the financial information, credit and or debit card details, banking details and transaction information related to your use of the payment processing services and the E-Curbside platform. E-Curbside is not responsible for the use or misuse of such financial information, credit and or debit card details, banking details and transaction information by the payment processing services provider or any third party.
B. Refund Policy.
E-Curbside has no obligation to provide refunds or credits to Users. Refunds or credits will be evaluated on a case-by-case basis. Users should email their request for refunds or credits to cs@E-Curbside.com and E-Curbside shall make a final determination of whether any refund or credit will be paid to the User.
19. Disclaimer of Warranties and Limits of E-Curbside’ Liability to You
NEITHER E-CURBSIDE, NOR ITS AFFILIATES OR LICENSORS, IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM AND E-CURBSIDE, AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS ARE NOT LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR YOU’RE RECEIVING OR PROVIDING DELIVERY SERVICES. BY USING THE PLATFORM, YOU HEREBY RELEASE AND FOREVER DISCHARGE E-CURBSIDE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR PLATFORM OR YOU’RE RECEIVING OR PROVIDING DELIVERY SERVICES OR THE CONDUCT OR MISCONDUCT OF A USER.
A. No Warranties
The Delivery Services, Platform and App are provided to you strictly 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 and all warranties are hereby disclaimed by E-Curbside to the maximum extent permitted by applicable law. E-Curbside makes no warranties or representations about the accuracy or completeness of any content provided through the Platform or App or the content of any websites linked to the Platform or App.
E-Curbside does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or App or any hyperlinked website or featured in any banner or other advertising, and E-Curbside will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Without limiting the foregoing, neither E-Curbside nor its affiliates or licensors warrant or guarantee:
that access to the Delivery Services, Platform or App will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
as to the results that may be obtained from the use of the Delivery Services, Platform or App;
that the Delivery Services, Platform or App, or the quality of any products, services, information or other material purchased or obtained by you through the Platform or the App, will meet your requirements or expectations;
as to the timeliness, accuracy, or reliability, of any User;
as to the timeliness, accuracy, or reliability of our Delivery Services, Platform or App, or any information or materials provided through or in connection with the use of the Delivery Services, Platform or App;
as to the completeness or content of any Goods;
that the Platform and App are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Delivery Services, Platform or App will be corrected; or
that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
B. Limitations of Liability
E-CURBSIDE EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF OUR PLATFORM. USE OF OUR PLATFORM AND RECEIVING OR PERFORMING DELIVERY SERVICES THEREUNDER ARE ENTIRELY AT A USER’S OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT E-CURBSIDE IS ONLY WILLING TO PROVIDE THE PLATFORM TO YOU IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. E-CURBSIDE CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PERFORM OR COMPLETE A DELIVERY OF GOODS AND YOU EXPRESSLY WAIVE AND RELEASE AND FOREVER DISCHARGE E-CURBSIDE FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A USER’S PERFORMANCE OF A DELIVERY OF GOODS. YOU ACKNOWLEDGE THAT USERS PROVIDING DELIVERY SERVICES REQUESTED USING THE E-CURBSIDE PLATFORM OR APP MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED AND MAY NOT HAVE THE PROPER INSURANCE. E-CURBSIDE WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN ANY OF OUR USERS. YOU EXPRESSLY WAIVE, RELEASE AND FOREVEAR DISCHARGE E-CURBSIDE FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR ACCESS OR USE OF THE E-CURBSIDE PLATFORM, APP OR YOU’RE RECEIVING OR PERFORMING DELIVERY SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY OUR PLATFORM, APP OR DURING A DELIVERY OF GOODS, OR OTHERWISE. YOU AGREE NOT TO HOLD E-CURBSIDE, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, CORPORATE PARTNERS, AND/OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO ACCESS OR USE OUR PLATFORM, APP OR DELIVERY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY E-CURBSIDE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION AND WHETHER OR SUCH CONDUCT, ACT OR OMISSION OCCURS DURING YOUR USE OR ACCESS OF THE PLATFORM OR APP OR DURING THE PERFORMANCE OF A DELIVERY OF GOODS. UNDER NO CIRCUMSTANCES SHALL E-CURBSIDE, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, CORPORATE PARTNERS, AND/OR PARTICIPANTS BE LIABLE TO YOU, ANOTHER USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS OR USE OUR PLATFORM, APP OR DELIVERY SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN A DRIVER, SENDER, ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE PLATFORM OR APP INCLUDING FOR PERSONAL INJURY, LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EVEN IF ALL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT E-CURBSIDE OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU OR TO YOU DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER PROVINCE OR STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
By your use thereof, you acknowledge and agree that E-Curbside owns all the intellectual property rights in and to the Platform and the App, including but not limited to database rights, copyright, design rights, trademarks and other similar rights, whether currently registered, wherever existing in the world together, with full rights to apply for protection of the same, and your use of the Platform or App gives you no rights therein.
B. Platform and App License
E-Curbside owns and retains ownership in the E-Curbside platform and App, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the terms, E-Curbside hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the platform via the App on any authorized Android device that you own or control and/or any iPhone or iPad device that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions and also the terms set out under the Google Play Terms of Service. This license does not allow you to use the platform or App on any device that you do not own or control. The terms of the license will govern any upgrades provided by E-Curbside that replace and/or supplement the E-Curbside platform or app, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
E-Curbside reserves the right to stop offering and/or supporting our Platform, App or our Users’ ability to receive or perform Delivery Services or any portion or part of our Platform, App or access to Delivery Services at any time, at which point your license to use the Platform or App or your access to the Delivery Services therefrom, or any part thereof, will be automatically terminated. In such event, E-Curbside shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Platform, App or access to Delivery Services.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or the App in any way; (ii) modify or make derivative works based upon the Platform or the App; (iii) create Internet “links” to the Platform, alternate access to Delivery Services, or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Platform or App to copy any ideas, features, functions or graphics of the Platform or App whether to build competitive products or services using similar ideas, features, functions or graphics of the Platform or App, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Platform or App (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our App; (vi) attempt to gain unauthorized access to the Platform or App or its related systems or networks, or circumvent or attempt to defeat any security o