Will Deliver Ltd.

Will Deliver - Terms of Service Agreement (Shipper)

Last Updated: October 12, 2021

 

This Terms of Service Agreement (the “Agreement”) describes the terms by which (“Will Deliver Ltd.”) offers to you, as a Shipper, access to its website www.willdeliver.com (the “Site”) and the associated mobile software application platform owned and operated by Will Deliver (“Mobile App”). Will Deliver provides an online and mobile platform (the “Service”) to connect Shippers with Truckers for the transportation of cargo whereby Shippers can submit a request for the transportation of cargo (“Shipment”). Truckers can accept such requests, and both Shippers and Truckers can track such requests. The Service includes access to all applications, content and downloads offered by Will Deliver, including the Site, Mobile App, and associated user content. Will Deliver does not assess the suitability, legality, regulatory compliance, quality or ability of any Shipper or shipped items scheduled through the use of the Service, and Will Deliver makes no warranty regarding the same.

This Agreement sets forth the terms for use of the Service by Shippers. By signing up and registering with Will Deliver or by accessing or using the Service, you are accepting this Agreement, on behalf of yourself or the company, entity or organization that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, on behalf of yourself or the company, entity or organization that you represent. You may not access or use the Service or accept this Agreement if you are not at least 18 years old. Please read this Agreement carefully before using the Service. Use of the Service is conditioned on your agreement to all of the terms and conditions contained in the Agreement, including the policies and terms linked to or otherwise referenced in the Agreement, all of which are hereby incorporated into the Agreement. In the event any separate contract or like document governs or otherwise impacts the parties’ rights, obligations or relationship, this Agreement shall govern to the extent it does not conflict with the terms of any such other contract or like document.

Please refer to our Privacy Policy for information about how we collect, use and disclose information about users of the Service.

IF YOU DO NOT SO AGREE, YOU SHOULD DECLINE THIS AGREEMENT, IN WHICH CASE YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICE.

1. DEFINED TERMS

    • “Trucker”

Trucker means the registered owner of a delivery vehicle with a valid Public Carrier’s license issued by the Transport Authority of the Government of Jamaica. A Trucker who accesses or uses the Service is an independent contractor and remains solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching its drivers; as well as for the inspection and maintenance of its motor vehicle equipment and accessories. A Trucker is solely responsible for its own actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of Trucker’s equipment, services, drivers, employees, contractors, agents and servants. A Trucker maintains sole control over the methods and results by which it performs cargo transportation services, and retains the sole duty to provide, maintain, manage and control the equipment, personnel, and expertise required to transport your cargo. Will Deliver is not an agent of any Trucker, and no Trucker is an agent of Will Deliver.

WILL DELIVER IS NOT A TRUCKER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE CONSTRUED TO IMPLY WILL DELIVER IS A TRUCKER, OR THAT WILL DELIVER IS SUBJECT TO THE REGULATORY OR LEGAL REQUIREMENTS OR LIABILITIES OF A MOTOR TRUCKER. WILL DELIVER HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION OR MOTOR SERVICES PROVIDED TO ANY SHIPPER OR ANY OTHER PARTY USING THE SERVICES.

    • Will Deliver

Will Deliver is an online freight broker. Will Deliver’s sole obligation is to arrange transportation of cargo by a Trucker that is appropriate and authorized to operate by all applicable governmental agencies. As a freight broker, Will Deliver does not take possession, custody or control of any cargo. Will Deliver does not assume any liability, possessory rights or obligations, and assumes no financial responsibility whatsoever, for cargo, including loss, theft, damage or delayed delivery thereof.

Will Deliver offers a platform to connect Shippers and Truckers, but does not provide actual transportation services or act in any way as a Trucker. It is the Trucker’s obligation to provide transportation services, which may be scheduled through the use of the Service. Will Deliver has no responsibility for any shipping services provided to you as a Shipper by any Trucker.

    • “Shipper”

You, as a Shipper warrant that you own, possess, or otherwise have rights to transport cargo you seek to ship by way of the Service.

    • “User”

A User is any entity which accesses or uses the Service, and may be a Trucker or a Shipper.

    • “User Content”

User Content means any and all information, data, textual, audio, and/or visual content, commentary and feedback related to the Service, ratings, reviews and other content that a User submits to, or uses with, the Service. User Content includes the information provided in a Shipment request or acceptance.

    • Will Deliver and you are independent contractors, and except to the extent required by law, no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

2. DESCRIPTION OF SERVICES

    • Shipment Requests

Will Deliver provides a platform via the Mobile App and Website (defined above as the “Service”) through which you may submit proposed Shipments. You must provide the following information as part of requesting a Shipment:

        1. The origin and destination addresses for the Shipment;
        2. The requested dates and times for pickup of the Shipment;
        3. A description of the cargo being transported as part of the Shipment (including weight);
        4. The specific equipment requirements; and
        5. Any other information necessary for the safe and proper transportation of the cargo.

When you post a Shipment request to the Service, all Truckers that can fulfill the request will be able to view the Shipment’s details and submit a quote through the Service.  If you accept a quote, the Shipment will be assigned to the relevant Trucker. You may cancel a Shipment request at any time prior to you accepting a Trucker’s quote. A Trucker may view a list of the Shipments available to it at any time and choose to submit quotes for any of those Shipments through the Service. Will Deliver does not guarantee that a Shipment will receive any quotes from any Trucker.

    • Cancellations and Refunds

If you wish to cancel your Shipment after accepting a quote from a Trucker but before the Trucker picks up the cargo, you must notify Will Deliver through any of the contact channels provided. Upon successful processing to your cancellation request, you will be refunded 50% of your payment for the Shipment.

If the selected Trucker cancels the Shipment because the Trucker is no longer able to fulfill the requirements for the Shipment, you will be immediately notified by Will Deliver and you will be refunded 100% of your payment for the Shipment. Will Deliver will assist you as best as possible to engage another Trucker to do the Shipment if you wish.

Cancellation and refund requests for your dissatisfaction with the quality of the Trucker’s service or equipment will be considered on the merits of each case. You must notify Will Deliver of such requests through any of the contact channels provided as quickly as possible and no later than one business day after the agreed pick-up time for the Shipment.

Refunds will be processed within five business days. However, the reimbursement may take a few days longer to reflect in your bank or credit card account depending on the relevant procedures and policies of your financial institution.

    • Completion of the Shipment

By Will Deliver’s Terms & Conditions applicable to Truckers, Will Deliver instructs Truckers to upload to the Service a proof of delivery signed by the consignee once Shipments are completed.

3. YOUR RESPONSIBILITIES

    • Representations and Warranties

You hereby represent and warrant as follows:

        1. You will not use the Service to ship hazardous materials;
        2. You own the shipped cargo or have all necessary rights to ship it;
        3. You agree that Will Deliver will not be liable for loss, damage, theft, destruction, or delayed delivery of any cargo;
        4. Your requested pick-up and delivery dates and hours will not require a Trucker to violate hours of service regulations under applicable law.
    • Claims for Loss or Damage

The Trucker is directly responsible for any cargo loss or damage in accordance with applicable law. Will Deliver does not assume any liability or financial responsibility for cargo, including any loss, theft, damage or delayed delivery thereof.

You agree to take all reasonable steps to protect especially fragile cargo, including securing or wrapping the cargo in protective packaging, to minimize the risk of damage to said cargo during transportation.  In any event, the Trucker reserves the right to decline to transport cargo that the Trucker deems to be highly vulnerable to damage during transportation.

Should you wish Will Deliver’s assistance in any claim for lost, damaged, delayed or destroyed cargo, you should file with Will Deliver its written notice of claim to Trucker. Will Deliver will take all reasonable steps to resolve such incidents, including compensatory settlement, with the Trucker on your behalf.

    • Non-Solicitation

During the term of this Agreement, and for a period of one (1) year from its termination, you shall neither initiate nor accept any direct or indirect business relationship with any Trucker to which you are first introduced by the Service, or in connection with use of the Service. You understand that any such Trucker will offer and provide transportation services to it exclusively through the Service unless otherwise agreed by the parties in writing. Your obligation in this regard extends to instances where the Trucker contacts you and seeks to establish a business relationship that does not include Will Deliver. This provision shall continue in force beyond termination of this Agreement for one (1) year subsequent to termination.

If you book or otherwise makes available any direct or indirect business relationship with any Trucker that was first introduced to you by Will Deliver in violation of this Agreement, you shall be jointly and severally liable with the Trucker to Will Deliver for each such violation in an amount equal to twenty percent (20%) of all revenues invoiced by Trucker to you.

    • Cargo Description and Disclosures

You shall disclose to Will Deliver all information reasonably necessary for Will Deliver to arrange transportation in compliance with applicable regulatory, legal and industry standards. You shall also be responsible and liable for providing accurate description of cargo including without limitation commodity type, dimensions and weight, and any special handling requirements.

    • Cargo Securement

You shall bear the maximum responsibility allowed by law to review and accept or decline the Trucker’s trailer for cleanliness, odor, leaks, dirt or other conditions that may be unacceptable to you. If a truck or any equipment is unacceptable, it is your responsibility to refuse loading of the truck. In such event, you may notify Will Deliver immediately and request alternative arrangements. You should ensure in coordination with Trucker that adequate bracing and packaging for the safe stowage of cargo is used.

You acknowledge that Will Deliver will never be in possession of any cargo being transported in connection with use of the Service, and that Will Deliver will not be responsible or have any role in the securement of cargo for transportation.

    • Shipping Documents

You shall not insert “Will Deliver” or “Will Deliver Ltd.” on any receipt, bill of lading, manifest, or other shipping document. In the event you do so, such insertion shall be deemed to be for your convenience, or due to your oversight, and shall not operate to alter Will Deliver’s status as a Broker, or the Trucker’s status as the responsible Trucker. The provisions set forth in any shipping document used by a Trucker or you shall not supersede, alter, or modify any term of this Agreement or add any liability or responsibility to Will Deliver.

4. TRUCKER SELECTION

Will Deliver establishes and follows written procedures to evaluate Truckers prior to their use by Will Deliver. Will Deliver continues to evaluate certain Truckers at certain intervals, as set forth by Will Deliver’s internal risk management and Trucker selection policies, which may be amended from time to time with or without notice to Truckers or Shippers. Will Deliver is not responsible in any way for the acts and/or omissions of Truckers or their drivers.

Will Deliver provides a means for Shippers and Truckers to rate and review each other and to have those ratings made available to other Users. We do not express any opinion, nor does Will Deliver make any assurances regarding, the truth or accuracy of any User reviews or ratings. Will Deliver does not regularly monitor or remove reviews or ratings, or any portion thereof, unless they contain Content we deem inappropriate.

5. PAYMENT TERMS

Quotes shown in the Service for your Shipment include, but are not limited to, the Truckers’ delivery charge, Will Deliver’s service charge and any applicable taxes. Upon accepting a quote for your Shipment, payment must be made by you to Will Deliver by credit card or debit card in the Service.  The Shipment will be assigned to the selected Trucker when the payment is approved by your card issuer.

6. LICENSES

    • Accounts

In order to use certain features of the Service, you must register for an account with Will Deliver (“Account”) and provide certain information as prompted by the registration and Shipment creation form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may cancel your Account at any time, for any reason, by contacting Will Deliver or following the instructions on the Service. You are responsible for maintaining the confidentiality of your Account login credentials and are fully responsible for all activities that occur under your Account. You agree to immediately notify Will Deliver of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Will Deliver is not liable for any loss or damage arising from your failure to comply with the above requirements.

    • Site

Will Deliver owns the Site and all intellectual property therein. Subject to the terms of this Agreement, Will Deliver grants you a limited, non-transferable, non-exclusive, revocable license to use the Site for your personal or internal business use during the term of this Agreement.

    • Mobile App

Will Deliver owns the Mobile App and all intellectual property therein. Subject to the terms of this Agreement, Will Deliver grants you a limited, non-transferable, non-exclusive, revocable license to install and use the Mobile App, in executable object code format only, solely on your own handheld mobile device and for your personal or internal business use during the term of this Agreement.

    • Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

        1. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service;
        2. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service;
        3. You shall not access the Service in order to build a similar or competitive service; and
        4. Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

7. INSURANCE

Will Deliver agrees to maintain, at its own expense, at all times, Goods-In-Transit insurance coverage for at least J$1,000,000.

Will Deliver’s Goods-In-Transit insurance is subject to the terms, conditions and certain limitations and/or exclusions as contained in the policy, and the terms, conditions and requirements as outlined within this Agreement, which are subject to change at any time. The existence of Will Deliver’s Goods-In-Transit insurance in no way shifts or places any legal or contractual liability on Will Deliver, nor does it exonerate the Trucker’s duties and liabilities under this Agreement.

8. OWNERSHIP

Will Deliver owns intellectual property rights in and to the Service, including but not limited to the Site, Mobile App, including all related software and servers, in and to Will Deliver’s trademarks, service marks, trade names, logos, domain names, taglines and trade dress (collectively, the “Marks”). Users acknowledge and agree that Will Deliver owns all right, title, and interest in and to the Service, including all intellectual property rights therein. Users understand and agree that without a written license agreement with Will Deliver. Users may not make any use of the Marks. Except as expressly granted in this Agreement, all rights, title and interest in and to the Service, and in and to the Marks are reserved by Will Deliver Ltd.

9. MODIFICATION OF THE SERVICE

Will Deliver reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Will Deliver will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.

10. LIMITATIONS ON USE OF THE SERVICE

You agree not to use the Service to upload, transmit, display, or distribute any User Content that: (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way.

In addition, you agree not to use the Service to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Service, other computer systems or networks connected to or used together with the Service, through password mining or other means; (f) harass or interfere with another User’s use and enjoyment of the Service; or (g) introduce software or automated agents or scripts to the Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Service.

Will Deliver reserves the right to review any User Content, investigate, and /or take appropriate action against you in its sole discretion, including removing or modifying User Content, terminating your Account, and/or reporting you to law enforcement authorities. However, Will Deliver has no obligation, to monitor, modify or remove any User Content.

11. USER CONTENT

    • User Content

You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate any provision of this Agreement. For the avoidance of doubt, User Content may include third party content you submit. You agree not to submit third party content unless you have the consent of the applicable third-party owner of such content. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Will Deliver. You acknowledge and agree that Will Deliver is not responsible for any loss or damage resulting from anyone’s use or reliance on User Content and Will Deliver makes no guarantees regarding the accuracy, completeness, usefulness currency, suitability, or quality of any User Content, and assumes no responsibility for any User Content.

    • License

You hereby grant, and represent and warrant that you have the right to grant, to Will Deliver an irrevocable, nonexclusive, royalty-free and fully paid, sublicenseable, worldwide license, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels, now known or hereafter devised (including in connection with the Services and Will Deliver’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. All rights in and to the User Content not expressly granted to Will Deliver in this Agreement are reserved by Users.

    • Anonymous Data

Will Deliver may create anonymous data records (“Anonymous Data”) from your User Content by using commercially reasonable efforts to exclude any and all information (such as company name) that makes the data identifiable to you. Will Deliver may use and disclose Anonymous Data for any purpose, including improving the Service.

    • Disclosure

Will Deliver may share your User Content (a) with third party service providers; (b) if another company acquires Will Deliver; and/or (c) to comply with relevant laws, to respond to subpoenas or warrants or assist in preventing any violation or potential violation of the law or this Agreement.

    • Copyright Complaints and Copyright Agent

Will Deliver respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to Will Deliver’s Copyright Agent at info@willdeliver.com;

A description of the copyrighted work that you claim has been infringed, including specific location on the Services where the material you claim is infringing is located. Include enough information to allow Will Deliver to locate the material, and explain why you think an infringement has taken place;

A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

Your address, telephone number, and e-mail address;

A 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;

A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

We may terminate access, usage or subscription to the Site, as the case may be, for repeat infringers in appropriate circumstances.

12. THIRD PARTY SITES AND LOCATION INFORMATION

    • Third Party Sites

The Service might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites”). Such Third Party Sites are not under the control of Will Deliver and Will Deliver is not responsible for any Third Party Sites. Will Deliver does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites.

    • Location Information

Location data provided by the Service is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage, or other loss. Neither Will Deliver, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services, whether provided by Will Deliver, third party content providers, or Users.

Geolocational data that You upload, provide, or post on the Services may be accessible to certain Users of the Services. You assume any and all risk of providing such data to other Users of the Services.

13. INDEMNITY

    • Indemnification of Will Deliver

You agree to defend, indemnify and hold Will Deliver (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your (i) use of the Service, (ii) User Content, (iii) interaction with any other User, (iv) violation of this Agreement; (v) violation of applicable laws or regulations; or (vi) your shipment. Will Deliver reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without Will Deliver’s prior written consent. Will Deliver will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

    • Indemnification of you

By Will Deliver’s separate Terms & Conditions applicable to Truckers, your Trucker agrees to defend, indemnify and hold you (and your officers, employees, and agents) harmless, including costs and attorneys’ fees, from any and all damages, claims or losses arising out of its performance of this Agreement, to the extent such damages, claims or losses are caused by the negligence or intentional conduct of the Trucker or its employees or agents.

    • Indemnification of Trucker

You agree to defend, indemnify and hold Trucker (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any and all damages, claims or losses arising out of its performance of this Agreement, to the extent such damages, claims or losses are caused by your or your employee’ or agents’ negligence or other intentional conduct.

14. CHOICE OF LAW

This Agreement shall in all respects be interpreted, construed in accordance with, and governed by the internal laws of Jamaica, without regard to its principles regarding conflict of laws. In the event of any litigation between the parties related to this Agreement, the parties agree to submit to personal and exclusive jurisdiction for such action in the Courts of Jamaica.

15. DISPUTE RESOLUTION

In the event of a dispute arising out of this Agreement related to claims by or against Will Deliver, the Parties shall use good faith efforts to resolve the dispute amicably. However, if the dispute cannot be resolved within thirty (30) days, either party may refer the matter to mediation by the Dispute Resolution Foundation. The dispute shall be referred to a single mediator to be agreed between the Parties from the approved roster of mediators accredited by the Dispute Resolution Foundation and any agreement reached between the parties at the mediation shall be binding.

This paragraph does not apply to claims you may have against any Trucker.

16. TERM OF AGREEMENT

This Agreement will remain in full force and effect while you use the Service. Will Deliver may at any time terminate this Agreement in its sole discretion if (a) you have breached any provision of this Agreement (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with this Agreement); (b) Will Deliver is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); (c) Will Deliver has elected to discontinue the Service; or (d) for your poor performance as a Shipper in Will Deliver’s sole discretion. Upon termination of this Agreement, your Account and right to access and use the Service will terminate immediately.

17. GENERAL PROVISIONS

    • Changes to Agreement

This Agreement is subject to occasional revision by Will Deliver. In the event of any material changes made to the Agreement, Will Deliver will notify you by electronic mail, or other means of communication, before your next use of the changes on the Service. Any changes to this agreement will be effective upon the earlier of (a) the date you accept the new terms or (b) thirty (30) calendar days following your receipt of the notice of the changes. These changes will be effective immediately for new Users of the Service. Continued use of the Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

    • Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the use of the Service. Will Deliver’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement may be executed in counterparts.

    • Assignment

This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Will Deliver’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

    • Notices

Unless specified otherwise, any notices or other communications to you permitted or required under this agreement, will be provided electronically and given by Will Deliver via email, notifications within the Service, messaging service (including SMS), or any other contact method we enable and you provide.

Any notice to be given under this Agreement to Will Deliver shall be sent by electronic mail to info@willdeliver.com or by prepaid registered post to 11 Musgrave Avenue, Unit 12, Kingston 10, Jamaica, W.I.

    • Publication of Information

Will Deliver has your permission to identify you as a customer of Will Deliver or user of our Services and to reproduce your name and logo on the Site and in any other marketing materials.

If you provide Will Deliver any feedback, suggestions, or other information or ideas regarding the Service (“Feedback”), you hereby assign to Will Deliver all rights in the Feedback and agree that Will Deliver has the right to use such Feedback and related information in any manner it deems appropriate. Will Deliver will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Will Deliver any information or ideas that you consider to be confidential or proprietary.

    • Severability

In the event that the operation of any portion of this Agreement results in a violation of any law, or if any provision herein is determined by a court of competent jurisdiction to be invalid or unenforceable, Shipper, Will Deliver and Trucker agree that such portion or provision shall be severable and that the remaining provisions herein shall continue in full force and effect. The terms and conditions set forth herein shall survive the termination of this Agreement.

    • Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WILL DELIVER EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. WILL DELIVER MAKES NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE; OR (D) RESULT IN ANY REVENUE, PROFITS, OR COST REDUCTION. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WILL DELIVER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

WILL DELIVER’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH OTHER USERS, BUT YOU AGREE THAT WILL DELIVER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE SERVICES OR ANY TRANSPORTATION SERVICES COORDINATED OR OFFERED OR PURCHASED BY YOU THROUGH THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. YOU ASSUME ALL LIABILITY AND RISK OF USING THE SERVICES AND COORDINATING AND/OR OFFERING TRANSPORTATION SERVICES.

WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SITE OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR “HACKERS”). WILL DELIVER ONLY OFFERS TECHNOLOGY THAT ENABLES TRUCKERS TO COORDINATE TRANSPORTATION SERVICES. WILL DELIVER IS NOT A TRUCKER. WE ARE NOT INVOLVED IN THE ACTUAL TRANSPORTATION OF CARGO. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY OR SAFETY OF ANY VEHICLE, CARGO OR OF THE TRANSPORTATION THAT OCCURS AS A RESULT OF THIS SERVICE; NOR DO WE HAVE ANY CONTROL OVER THE TRUTH OR ACCURACY OF USERS’ INFORMATION LISTED ON WILL DELIVER. WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN THE SERVICES AT ANY TIME WITHOUT NOTICE.

THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. WILL DELIVER ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. WILL DELIVER IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER’S OR TO ANY OTHER PERSON’S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES.

    • Limitation of Liability

WILL DELIVER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WILL DELIVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WILL DELIVER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER OR ANY THIRD PARTY. WILL DELIVER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WILL DELIVER’S REASONABLE CONTROL. IN NO EVENT SHALL WILL DELIVER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED SEVENTY-FIVE THOUSAND JAMAICAN DOLLARS (J$75,000.00).

THE LIMITATIONS AND DISCLAIMER IN SECTIONS 10, 17.7, and 17.8 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

THE ASSUMPTION OF RISK AND LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WILL DELIVER AND YOU.

    • Headings

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

If you have any questions about this Agreement, please contact Will Deliver at info@willdeliver.com