Rickshaw Terms of Service

1.Agreement. This Terms of Service, along with any additional terms and conditions set forth in an Order, constitutes the agreement (Agreement) between Rickshaw, Inc. (Rickshaw) and operates the gorickshaw.com website (Website) and you, a provider or user of the Service. This Agreement sets out the terms and conditions that apply to the provision and use of the Service. By using the Services, you agree to be bound by, and use the Services in compliance with, this Agreement. IF YOU DO NOT AGREE TO THIS AGREEMENT, OR IF YOU ARE UNDER 18 YEARS OLD, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.

 

2.Definitions. The following terms when used herein shall have the following meaning:

 

Couriers means the independent contract drivers that are retained by Rickshaw to make deliveries and other logistics services on behalf of a Merchant to a Customer.

Customersmeans customers to whom deliveries or other logistics services are to be or have been provided by or on behalf of Rickshaw on behalf of a Merchant through the Service.

Goods means any products or other goods that are to be or are delivered by a Courier for Rickshaw on behalf of a Merchant to/from a Customer.

Merchantsmeans persons or entities that have entered into an Order with Rickshaw to provide delivery service via Couriers to its customers.

Ordermeans an order for Rickshaw to provide services, as set forth in a request submitted by a Merchant to and accepted by Rickshaw.

Rickshaw APImeans the application programming interface developed by or on behalf of Rickshaw that specifies how Merchants software should interact with the Website in order to use the Services. Merchant understands that the Rickshaw API is considered and to be treated as Rickshaws confidential and/or proprietary information and thus protected from disclosure to any third parties, other than Merchantsemployees and contractors acting on behalf of Merchant or as required to comply with applicable law.

Servicemeans the logistics service operated by Rickshaw via the Website, where delivery is provided by or on behalf of Rickshaw. Where applicable in this Agreement any reference to usage, receipt or provision of the Services shall be deemed to include any access to and/or usage of the Website and the Rickshaw API.

3.Accounts and Security. If you create an account with Rickshaw, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (User ID). You are responsible for protecting the confidentiality of your User ID, if applicable. Access to the Website and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Website or use the Services has previously been terminated by Rickshaw may not register for an account, nor may you designate any of those individuals to use your account on your behalf. Rickshaw relies on User IDs to know whether users accessing the Website and using our Services are authorized to do so. If someone accesses our Website or Services using a User ID that weve issued to you, we will rely on that User ID and will assume that it is really you. You are solely responsible for any and all access to the Website or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

 

4.Rickshaw Services.

a. Customers. Customers acknowledge that Rickshaw is an independent provider of logistics services for Merchants, and Couriers are independent providers of delivery services for Rickshaw, and therefore neither have any responsibility for Customers acquisition of any Goods, Merchants provision of any Goods or the Goods being delivered to Customer.

b. Merchants. Merchants may submit Service Orders, from time to time, to Rickshaw to order Services. Except as mutually agreed upon by Merchant and Rickshaw in writing, all Services will be subject to the terms and conditions of the standard Rickshaw Service Agreement document, located at https://gorickshaw.com/account/service_agreement, at the time of the Rickshaws acceptance of the Service Order (and which is accessible only once Merchant is logged into the Website). To the extent of any conflict between the terms of this Agreement and such Service Agreement, the terms of the Service Agreement shall control.

c. Items Not Accepted by Rickshaw. Merchants and Customers will not provide any of the following items to Rickshaw for transporting, delivery, storage or other handling or logistics services, except as pre-approved in writing by Rickshaw in each case:

1.Articles of unusual value, which shall include, but not be limited to any package with an actual value of more than US$100, coins, cash, currency, bonds, postage stamps, money orders, and negotiable instruments, precious stones or metals, or jewelry;

2.Hazardous waste, defined as a solid waste that meets any of the criteria of the hazardous waste as described in 40 C.F.R. § 261.3;

3.Human remains, fetal remains, human body parts, or components thereof;

4.Live animals;

5.Common fireworks;

6.Weapons, firearms, or ammunition;

7.Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons (except as a contractual service);

8.Packages containing marijuana, as that term is defined by 21 U.S.C. § 802(16), including marijuana intended for medicinal use;

9.Tobacco or tobacco products;

10.Packages containing alcoholic beverages (wine, beer, or spirits);

11.Pharmaceutical products;

12.Infectious/biological substances and medical, clinical or regulated waste;

13.Packages with an actual weight of more than 150 pounds;

14.Packages that when measured to determine the billable weight exceed 108 inches in length, or exceed a total of 165 inches in length and girth [(2 x width) + (2 x height)] combined;

15.No item that is prohibited by applicable law or regulation of any federal, state, provincial, or local government in the origin or destination location.

 

5.Prohibited Uses of Website and Service. You will not use the Services to: (i) upload, post, email, deliver, or otherwise transmit any content or products that are harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically, or otherwise objectionable, or which contains instructions to commit, or encourages, any unlawful, illegal, or criminal activity; (ii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iii) upload, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) interfere with, disrupt, or place un unreasonable burden upon the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (v) attempt to reverse engineer or jeopardize the correct functioning of the Website or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website; (vi) attempt to gain access to secured portions of the Website or Services to which you do not possess access rights; (vii) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; or (viii) crawl, scrape, or otherwise monitor, with or without automated tools, the Services, to collect or compile information from the Services or for any other commercial purpose.

 

6.Access to and Modifications of the Website and Services. We do not provide you with the equipment to access the Services. You are responsible for all fees charged by third parties related to your access and use of the Services (e.g., charges by internet service providers and wireless providers). We reserve the right to modify, discontinue, limit, and restrict, temporarily or permanently, all or any portion of the Website or Services, and any of the Website or Servicesfeatures or functionality, without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services or any portion thereof. Rickshaws provision of the Services is subject to changes in laws or other governmental regulations affecting the Services and the Website.

 

7.Availability of Services. You acknowledge that interruptions in the Service and/or other events may occur that are beyond the control of Rickshaw, and that Rickshaw shall not be responsible for any data lost while transmitting information on the Web or otherwise. While Rickshaw aims to make the Service accessible at all times it may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Rickshaw, access to the Service may be interrupted, suspended or terminated from time to time.

 

8.License and Intellectual Property. Unless and until this Agreement has been terminated, Rickshaw grants to (a) each Customer a limited, personal, non-exclusive, non-transferable license to use the Services (excluding, however, the Rickshaw API) for its personal uses but not for resale or further distribution, and (b) each Merchant a limited, personal, non-exclusive, non-transferable license to use the Services (including the Rickshaw API) for its business uses but not for resale or further distribution. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE WEBSITE OR ITS CONTENT, OR DISCLOSING, MODIFYING OR DISTRIBUTING THE RICKSHAW API TO THIRD PARTIES (OTHER THAN YOUR EMPLOYEES AND CONTRACTORS ACTING ON YOUR BEHALF IN CONNECTION WITH THE SERVICES), OTHER THAN WITHOUT THE EXPRESS WRITTEN PERMISSION OF RICKSHAW IS STRICTLY PROHIBITED. Except for your pre-existing rights and this license granted to you, Rickshaw and its licensors retain all intellectual property rights and other right, title and interest in and to the Services, including, without limitation, the Rickshaw API. The Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, publish, transmit, translate, enhance, decompile, disassemble, reverse engineer, create derivative works of or in any way exploit the Services or any of the materials on or content of the Website; (ii) rent, lease or sublicense access to the Services; or (iii) circumvent or disable any security or technological features or measures of the Services. Except for those rights granted expressly in this Agreement, no other rights are granted, either express or implied, to you under this Agreement. Unless stated explicitly in this Agreement, nothing in this Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

 

9.Disclaimer of Warranties. You expressly understand and agree that:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. RICKSHAW EXPRESSLY DISCLAIMS ALL GUARANTIES AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

b. RICKSHAW MAKES NO GUARANTY OR WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE (INCLUDING THE RICKSHAW API) WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RICKSHAW OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

e. ANY GOODS OBTAINED BY YOU FROM OR THROUGH ANY MERCHANTS ARE SOLD OR PROVIDED SOLELY BY THE MERCHANTS AND RICKSHAW SHALL NOT BE LIABLE FOR ANY WARRANTIES IN RESPECT THEREOF.

10.Limitations of Liability. To the extent permitted by applicable law:

IN NO EVENT SHALL RICKSHAW, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF RICKSHAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR THIS AGREEMENT. IN NO EVENT SHALL RICKSHAW, OR ANY PERSON OR ENTITY INVOLVED IN PROVIDING THE SERVICE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE INABILITY TO USE THE SERVICE.

IN NO EVENT WILL RICKSHAWS LIABILITY TO CUSTOMERS IN CONNECTION WITH THE DELIVERY OF GOODS OR OTHER SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY MERCHANT TO RICKSHAW IN CONNECTION WITH SUCH ORDER, AND RICKSHAWS TOTAL AGGREGATE LIABILITY TO A CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED A TOTAL OF TEN DOLLARS ($10).

IN NO EVENT WILL RICKSHAWS LIABILITY TO A MERCHANT IN CONNECTION WITH AN ORDER EXCEED THE AMOUNTS ACTUALLY PAID BY MERCHANT TO RICKSHAW IN CONNECTION WITH SUCH ORDER, AND TOTAL AGGREGATE LIABILITY TO A MERCHANT ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY SUCH MERCHANT DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND CONTRACTORS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11.Indemnity. You agree to indemnify and hold us and our licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability, including attorneys fees, arising out of caused by your use of the Services or any Goods obtained via the Service, your violation of this Agreement, or your violation of any rights of a third party through use of the Services.

 

12.Termination. Rickshaw may terminate this Agreement at its sole election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. Without limiting the foregoing, Rickshaw shall have the right to immediately terminate any passwords or accounts in the event of any conduct by you which Rickshaw, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. In the event of any termination, you will immediately cease access to the Website and Services. The provisions of this Section as well as Sections 1, 2, 3, 5, and 8 through 17 of this Agreement, and any other provisions which, by their nature, are intended to survive, will survive termination of this Agreement.

 

13.Third Party Content and Links. The Service may provide, or third parties may provide, links to other internet sites or resources. Because Rickshaw has no control over such sites and resources, you acknowledge and agree that Rickshaw is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Rickshaw shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

14.Privacy Policy. We may collect registration and other information about you through the Services. Our collection and use of this information is governed by our Privacy Policy, available at http://www.gorickshaw.com/privacy.

 

15.DMCA Notice. We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Website that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Rickshaws designated Copyright Agent to receive notifications of claimed infringement can be reached at support@gorickshaw.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

 

16.Changes to this Agreement. Rickshaw shall have the right at all times to modify this Agreement as it deems necessary or desirable without prior notification. We suggest that Merchants and Customers periodically review the current version of this Agreement from time to time in order that you stay informed as to any such changes. If we make changes to this Agreement and you continue to use the Service, you will be deemed to have agreed to any such changes. Any modifications to this Agreement shall be effective immediately upon Rickshaw posting them on the Website. Any use by you of the Service after such notice shall be deemed to constitute acceptance by you of such modifications.

 

17.Miscellaneous. The terms and conditions in this Terms of Service, along with the terms and conditions set forth in any Orders as to Merchants, constitute the entire agreement between the parties and supersedes any prior or contemporaneous written or oral agreement or understanding with respect to the subject matter hereof. The failure by either party at any time or for any period of time to enforce any provision of this Agreement shall not be construed as a waiver of that provision and shall not affect that partys right to enforce that or any other provision at a later date. All captions and titles in this Agreement are for convenience of reference only and are without legal significance or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The terms of this Agreement, and any dispute or claim arising out of or in connection with this Agreement or usage of or access to the Website, shall be governed by and in accordance with the laws of the State of California (exclusive of its rules regarding conflicts of laws) and you agree that any such dispute or claim shall be finally settled by binding arbitration in San Francisco, California under the rules of arbitration of the American Arbitration Association.

 

Rickshawand GoRickshaw are trademarks of Rickshaw, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners.

 

This Terms of Service (version 2.0) was last modified on and effective as of June 19, 2015.