Welcome to Pickup Delivery Of Service ("PU-DOS"), an online platform whose mission and
purpose is to help get products picked up and delivered as efficiently and as fast as possible.
PU-DOS SOFTWARE, LLC ("Provider", "we", "us) asks that you read the following terms and conditions of use
for lawful purposes and to comply with all applicable laws, rules and regulations while using the App.
1. Agreement to Terms
BY USING THIS APP, YOU SIGNIFY THAT YOU AGREE TO BE BOUND BY
LIMITATION OR QUALIFICATION.
We reserve the right to correct any errors,
inaccuracies, or omissions and, at our discretion, to change, modify, add, or remove
for changes. Your continued use of the App after the posting of changes will mean you
agree to abide by those changes. If you do not agree with or wish to be bound by these to
give us permission to use your registration data and any other information you provide to
3. Copyright, Trademark and Usage
The contents of this App are provided by and copyright of PU-DOS SOFTWARE, LLC,
including (but not limited to) all text, images, design, functionality, data, media, and
Services provided (together "Content"). Content is protected by United States, Canadian
and worldwide copyright laws and treaty protections. All rights reserved. The use or
and conditions applicable to specific areas of the App is strictly prohibited.
4. The Services
The Services comprise mobile Apps and related Services which enable users to arrange
and schedule transportation, logistics and/or delivery Services and/or to purchase certain
goods ("Services"), including with third party providers of such Services and goods under
agreement with Provider or certain of Provider's affiliates ("Third Party Providers"). In
certain instances the Services may also include an option to receive transportation,
logistics and/or delivery Services for an upfront price, subject to acceptance by the
respective Third Party Providers. Unless otherwise agreed by Provider in a separate
written agreement with you, the Services are made available solely for your personal,
noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN
TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH
THE USE OF THE SERVICES DOES NOT ESTABLISH PROVIDER AS A
PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR
AS A TRANSPORTATION CARRIER.
5. Permitted Goods
- Only goods that a normal human can carry weighing no more than 50 pounds.
- Illegal Items
- Very Expensive Rare Items
- Dangerous Items (Weapons, Explosives, Flammable, Etc.)
- Stolen Goods
- Any Items For Which You Do Not Have Permission To Send Or Receive
- If a restricted item is attempted to be delivered then a cancellation fee will apply.
- Drivers reserve the right to refuse to accept any item in their sole discretion.
6. Delivery Guarantee
Provider will guarantee lost or damaged items up to $250.00, except for RESTRICTED
ITEMS for which no guarantee applies.
EXCEPT FOR LOSS OR DAMAGE DUE TO DRIVER'S GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT (FOR WHICH THE GUARANTEE SET FORTH ABOVE
SHALL APPLY), USER IS FULLY RESPONSIBLE AND LIABLE FOR THE ITEMS
SENT FOR DELIVERY BY DRIVER HEREUNDER. OUR LIABILITY TO USER
SHALL IN NO EVENT EXCEED USD $250.00.
7. Chain of Custody
There must be someone at the delivery address to receive the item(s). One of the
following must occur in order to complete delivery:
If User would like to waive the normal chain of custody process, a text message
confirmation is required indicating no recipient is necessary, at such point
Provider is no longer liable for loss or damage of item.
If no one is available at the delivery address and chain of custody is not waived, driver
returns item(s) and bills User full delivery fee + a cancellation fee.
8. Cancellation and Fulfillment Policy
If no one is present at your pickup location, a cancellation fee will apply.
If no one is present at your delivery location, your driver will wait 10 minutes before
returning your item(s). User will be responsible for full fee.
Subject to your compliance with these Terms, Provider grants you a limited, nonexclusive,
non-sublicensable, revocable, non-transferable license to: (i) access and use
the App on your personal device solely in connection with your use of the Services; and
(ii) access and use any content, information and related materials that may be made
available through the Services, in each case solely for your personal, noncommercial use.
Any rights not expressly granted herein are reserved by Provider and Provider's licensors.
You agree that Provider may disclose any information as necessary to satisfy any law,
regulation or other governmental request to protect itself or its users in accordance with
10. Third Party Services and Content
The Services may be made available or accessed in connection with third party Services
and content (including advertising) that Provider does not control. You acknowledge that
Services and content. Provider does not endorse such third party Services and content and
in no event shall Provider be responsible or liable for any products or Services of such
third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or
BlackBerry Limited will be a third-party beneficiary to this contract if you access the
Services using Apps developed for Apple iOS, Android, Microsoft Windows, or
Blackberry-powered mobile devices, respectively. These third party beneficiaries are not
parties to this contract and are not responsible for the provision or support of the Services
in any manner. Your access to the Services using these devices is subject to terms set
forth in the applicable third party beneficiary's terms of service.
11. Access and Use of the Services
In order to use most aspects of the Services, you must register for and maintain
an active personal user Services account ("Account"). You must be at least 18
years of age, or the age of legal majority in your jurisdiction (if different than
18), to obtain an Account. Account registration requires you to submit to
Provider certain personal information, such as your name, address, mobile phone
number and age, as well as at least one valid payment method supported by
Provider. You agree to maintain accurate, complete, and up-to-date information
in your Account. Your failure to maintain accurate, complete, and up-to-date
Account information, including having an invalid or expired payment method on
file, may result in your inability to access or use the Services. You are
responsible for all activity that occurs under your Account, and you agree to
maintain the security and secrecy of your Account username and password at all
times. Unless otherwise permitted by Provider in writing, you may only possess
User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not
authorize third parties to use your Account, and you may not allow persons under
the age of 18 to receive transportation or logistics services from Third Party
Providers unless they are accompanied by you. You may not assign or otherwise
transfer your Account to any other person or entity. You agree to comply with all
applicable laws when accessing or using the Services, and you may only access
or use the Services for lawful purposes (e.g., no transport of unlawful or
hazardous materials). You may not in your access or use of the Services cause
nuisance, annoyance, inconvenience, or property damage, whether to the Third
Party Provider or any other party. In certain instances you may be asked to
provide proof of identity to access or use the Services, and you agree that you
may be denied access to or use of the Services if you refuse to provide proof of
Text Messaging and Telephone Calls
You agree that Provider may contact you by telephone or text messages
(including by an automatic telephone dialing system) at any of the phone
numbers provided by you or on your behalf in connection with an Provider
account, including for marketing purposes. You understand that you are not
required to provide this consent as a condition of purchasing any property, goods
or services. You also understand that you may opt out of receiving text messages
from Provider at any time.
User Provided Content
Provider may, in Provider's sole discretion, permit you from time to time to
submit, upload, publish or otherwise make available to Provider through the
Services textual, audio, and/or visual content and information, including
commentary and feedback related to the Services, initiation of support requests,
and submission of entries for competitions and promotions ("User Content").
Any User Content provided by you remains your property. However, by
providing User Content to Provider, you grant Provider a worldwide, perpetual,
irrevocable, transferable, royalty-free license, with the right to sublicense, 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 Provider'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.
You represent and warrant that: (i) you either are the sole and exclusive owner of
all User Content or you have all rights, licenses, consents and releases necessary
to grant Provider the license to the User Content as set forth above; and (ii)
neither the User Content, nor your submission, uploading, publishing or
otherwise making available of such User Content, nor Provider's use of the User
Content as permitted herein will infringe, misappropriate or violate a third party's
intellectual property or proprietary rights, or rights of publicity or privacy, or
result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful,
violent, obscene, pornographic, unlawful, or otherwise offensive, as determined
by Provider in its sole discretion, whether or not such material may be protected
by law. Provider may, but shall not be obligated to, review, monitor, or remove
User Content, at Provider's sole discretion and at any time and for any reason,
without notice to you.
You understand that use of the Services may result in charges to you for the services or
goods you receive ("Charges"). Provider will receive and/or enable your payment of the
applicable Charges for services or goods obtained through your use of the Services.
Charges will be inclusive of applicable taxes where required by law. Charges may
include other applicable fees, tolls, and/or surcharges including a booking fee, municipal
tolls, or processing fees for split payments.
All Charges and payments will be enabled by Provider using the preferred payment
method designated in your Account, after which you will receive a receipt by email. If
your primary Account payment method is determined to be expired, invalid or otherwise
not able to be charged, you agree that Provider may use a secondary payment method in
your Account, if available. Charges paid by you are final and non-refundable, unless
otherwise determined by Provider.
As between you and Provider, Provider reserves the right to establish, remove and/or
revise Charges for any or all services or goods obtained through the use of the Services at
any time in Provider's sole discretion. Further, you acknowledge and agree that Charges
applicable in certain geographical areas may increase substantially during times of high
demand. Provider will use reasonable efforts to inform you of Charges that may apply,
provided that you will be responsible for Charges incurred under your Account regardless
of your awareness of such Charges or the amounts thereof. Provider may from time to
time provide certain users with promotional offers and discounts that may result in
different amounts charged for the same or similar services or goods obtained through the
use of the Services, and you agree that such promotional offers and discounts, unless also
made available to you, shall have no bearing on your use of the Services or the Charges
applied to you. You may elect to cancel your request for Services at any time prior to the
commencement of such Services, in which case you may be charged a cancellation fee on
a Third Party Provider’s behalf. After you have received services or goods obtained
through the Service, you will have the opportunity to rate your experience and leave
additional feedback. Provider may use the proceeds of any Charges for any purpose,
subject to any payment obligations it has agreed to with any Third Party Providers or
other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed
directly to Third Party Providers, and Provider will collect payment of those charges from
you, on the Third Party Provider’s behalf as their limited payment collection agent, and
payment of the Charges shall be considered the same as payment made directly by you to
the Third Party Provider. In such cases, you retain the right to request lower Charges
from a Third Party Provider for services or goods received by you from such Third Party
Provider at the time you receive such services or goods, and Charges you incur will be
owed to the Third Party Provider. Provider will respond accordingly to any request from
a Third Party Provider to modify the Charges for a particular service or good. This
payment structure is intended to fully compensate a Third Party Provider, if applicable,
for the services or goods obtained in connection with your use of the Services. In all other
cases, Charges you incur will be owed and paid directly to Provider or its affiliates,
where Provider is solely liable for any obligations to Third Party Providers. In such cases,
you retain the right to request lower Charges from Provider for services or goods received
by you from a Third Party Provider at the time you receive such services or goods, and
Provider will respond accordingly to any request from you to modify the Charges for a
particular service or good. Except with respect to taxicab transportation services
requested through the App, Provider does not designate any portion of your payment as a
tip or gratuity to a Third Party Provider. Any representation by Provider (on Provider's
website, in the App, or in Provider's marketing materials) to the effect that tipping is
"voluntary," "not required," and/or "included" in the payments you make for services or
goods provided is not intended to suggest that Provider provides any additional amounts,
beyond those described above, to a Third Party Provider you may use. You understand
and agree that, while you are free to provide additional payment as a gratuity to any Third
Party Provider who provides you with services or goods obtained through the App, you
are under no obligation to do so. Gratuities are voluntary.
13. Repair or Cleaning Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of,
vehicles and property resulting from use of the Services under your Account in excess of
normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the
event that a Repair or Cleaning request is verified by Provider in Provider's reasonable
discretion, Provider reserves the right to facilitate payment for the reasonable cost of such
Repair or Cleaning using your payment method designated in your Account. Such
amounts will be transferred by Provider to a Third Party Provider, if applicable, and are
You acknowledge and agree that Provider, in its sole and absolute discretion, may
suspend or terminate your account or your use of the App or Services when you have
a result of any such suspension or termination. If you are dissatisfied with the App or
Services, your sole remedy is to discontinue use of the App.
ALTHOUGH CARE HAS BEEN TAKEN TO ENSURE THE ACCURACY OF THE
INFORMATION ON THE APP, WE MAKE NO REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO THE APP, ITS CONTENTS OR ABOUT THE
SUITABILITY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED
ON THE APP FOR ANY PURPOSE. THE APP AND SERVICES ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT
OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. PROVIDER DOES NOT
GUARANTEE THAT THE SERVICES WILL BE PROVIDED ON AN
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS. THE SERVICE
PROVIDER RESERVES THE RIGHT TO MODIFY THE APP OR SERVICE AT ANY
TIME. IF YOU ARE DISSATISFIED WITH THE APP OR SERVICE YOUR SOLE
REMEDY IS TO DISCONTINUE USE OF THE APP. THE RECOMMENDATIONS
OF PROVIDER ARE NOT GUARANTEED TO IMPROVE PERFORMANCE OR
ACHIEVE SPECIFIC RESULTS. YOU ACKNOWLEDGE THAT SUCCESS
DEPENDS ON ATHLETE MOTIVATION, HEALTH, NATURAL ABILITIES,
COMMITMENT, AND NUMEROUS OTHER FACTORS OUTSIDE OF OUR
CONTROL. USE OF THE APP AND SERVICES, AND ANY INFORMATION
CONTAINED WITHIN, IS STRICTLY AT YOUR SOLE RISK.
16. Indemnity by Users
In consideration of your being permitted to use this App, you (on your own behalf and by
any other person on your behalf) agree to defend, indemnify and hold harmless Provider
and its respective past, present and future shareholders, officers, employees and agents,
including all third parties mentioned on the App (each, a "Released Party"), from and
against any and all claims, cost, expense, actions or demands, including without
limitation reasonable legal and accounting fees, resulting from your use of the App,
User Content, or your violation of the rights of any third party.
17. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT
RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON
THIS APP OR UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA, EVEN
IF A PROVIDER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR
COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL PROVIDER TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR YOUR USE OF THE APP EXCEED THE AMOUNT PAID BY
YOU FOR ACCESSING THE SERVICES OF THE APP.
18. Geography, Governing Law and Jurisdiction
Provider makes no representation or warranty that the App or any of the Services are
appropriate or available for use at any locations outside North America. If you access the
App from outside the United States or Canada, you are responsible for compliance with
all applicable laws.
of New York, without reference to its conflict of laws principles, and to the extent that
supersedes. Each party hereby agrees to submit to the jurisdiction of the courts of the
State of New York and waive any jurisdictional, venue, or inconvenient forum objections
to such courts.
19. General Provisions
to your use of the App and Services. These Terms supersede any prior agreements
between you and Provider. This agreement is personal to you, and you may not assign
convenience only and have no legal or contractual effect or significance.
shall not constitute a waiver of such right or provision. If any provision of these terms
shall be unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from these terms and shall not affect the validity and enforceability of
any remaining provisions.
20. Contact Information
- PU-DOS Software, LLC