Terms and Conditions


Welcome to DeliveryCircle.com. DeliveryCircle Services LLC and/or its affiliates ("DeliveryCircle" or “We”) provide website features and other products and services to you when you visit or shop at DeliveryCircle.com, use DeliveryCircle products or services, use DeliveryCircle applications for mobile, or use software provided by DeliveryCircle in connection with any of the foregoing (collectively, "DeliveryCircle Services"). DeliveryCircle provides the DeliveryCircle Services subject to the following conditions. By using DeliveryCircle Services, the user (“you”) agree to these conditions. Please read them carefully.


PRIVACY
Please review our Privacy Policy (www.deliverycircle.com/privacy-policy.html), which also governs your use of DeliveryCircle Services, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you use any DeliveryCircle Service, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site or through the other DeliveryCircle Services. By signing up you agree to receive SMS messages from us and carrier charges may apply. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TRADEMARKS
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any DeliveryCircle Service are trademarks or trade dress of DeliveryCircle in the U.S. and other countries. DeliveryCircle's trademarks and trade dress may not be used in connection with any product or service that is not DeliveryCircle's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DeliveryCircle. All other trademarks not owned by DeliveryCircle that appear in any DeliveryCircle Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DeliveryCircle.

PATENTS
One or more patents owned by DeliveryCircle apply to the DeliveryCircle Services and to the features and services accessible via the DeliveryCircle Services. Portions of the DeliveryCircle Services operate under license of one or more patents.

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, DeliveryCircle or its content providers grant you a limited, nonexclusive, nontransferable, non sublicensable license to access and make personal and noncommercial use of the DeliveryCircle Services. This license does not include any resale or commercial use of any DeliveryCircle Service, or its contents; Any collection and use of any product listings, descriptions, or prices; Any derivative use of any DeliveryCircle Service or its contents; Any downloading or copying of account information for the benefit of another business; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by DeliveryCircle or its licensors, suppliers, publishers, rights holders, or other content providers. No DeliveryCircle Service, nor any part of any DeliveryCircle Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DeliveryCircle. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DeliveryCircle without express written consent. You may not use any Meta tags or any other "hidden text" utilizing DeliveryCircle's name or trademarks without the express written consent of DeliveryCircle. You may not misuse the DeliveryCircle Services. You may use the DeliveryCircle Services only as permitted by law. The licenses granted by DeliveryCircle terminate if you do not comply with these Conditions of Use or any Service Terms. You agree that DeliveryCircle may, in its sole discretion and without prior notice, terminate the Service at any time.

YOUR ACCOUNT
If you use any DeliveryCircle Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. DeliveryCircle does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the DeliveryCircle Services only with involvement of a parent or guardian. Alcohol listings on DeliveryCircle are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. DeliveryCircle reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Additional terms and conditions displayed at the time you sign up for your account may apply, and by continuing with the sign-up, you are agreeing to such additional terms.  If you are signing up as a driver you are authorizing DeliveryCircle to run a full background check on you. Each driver is responsible for obtaining all the necessary commercial auto insurance as required by the local jurisdictions, for the delivery services he or she is undertaking, and in no event is Delivery Circle responsible for obtaining such insurance, or losses caused by driver’s failure to carry such insurance. The term 'Driver' refers to independent contractors who sign-up on DeliveryCircle.com to perfrom deliveries. Drivers are not employees of DeliveryCircle.

DELIVERYCIRCLE IS A NEUTRAL VENUE.
DeliveryCircle is not a Transportation Service Provider (TSP), freight forwarder or broker. Our site acts as a community and marketplace where users can meet and enter into agreements with each other. We are not involved in the actual transaction between our website users. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. DeliveryCircle does not pre qualify or validate the claims of users including with respect to their licensure, insurance and registration. We and our website function solely as a neutral marketplace and digital clearinghouse where parties may agree on a price for a particular type of transportation service. We are the neutral marketplace for this connection between you and other users. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We do not guarantee the ability of any users to complete payment for any of the provided services, or of any user to perform the services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of users to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other users. Because we are not involved in the actual transaction between the users, we have no control over the accuracy of listings, the ability the users to transport items, or to send items on time.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users may post reviews, comments, photos, and other content and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DeliveryCircle reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant DeliveryCircle a nonexclusive, royalty free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DeliveryCircle and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; That the content is accurate; That use of the content you supply does not violate this policy and will not cause injury to any person or entity; And that you will indemnify DeliveryCircle for all claims resulting from content you supply. DeliveryCircle has the right but not the obligation to monitor and edit or remove any activity or content. DeliveryCircle takes no responsibility and assumes no liability for any content posted by you or any third party.

RETURNS, REFUNDS AND TITLE
DeliveryCircle does not issue refunds. If in spite of this an item is sent to DeliveryCircle, DeliveryCircle does not take title to the returned item.  All items are insured for up to $150 per delivery.  If there is an issue with the delivery, DeliveryCircle must be contacted in writing or email within 24 hours of taking the delivery to file a complaint, or you are considered to have received and accepted delivery. DeliveryCircle drivers do not collect any cash or checks from receiving parties as part of the delivery service. In spite of this, if the driver is asked to collect these, the deliveries will not be covered by DeliveryCircle insurance and the party placing the delivery order assumes the full risk and responsibility.

DELIVERY SURCHARGES

Customers scheduling deliveries will be charged for the following in addition to the base delivery charges

  •   - any tolls along the fastest route at the time of delivery
  •   - any parking charges at pickup or drop-off if loading/unloading zones are not available.
  •   - waiting charges for driver wait times at pickup or drop-off after the first 15 minutes.
  •   - mileage charges for any miles over 10 miles.
  •   - extra charges for items over the allowed weight for the selected delivery category.

DRIVER PAYMENTS
We will pay drivers a minimum of $15 per trip. A trip is defined as pick up from one location and delivering to one or more locations. Drivers are responsible for any fees that PayPal may charge for withdrawing funds from their PayPal accounts.

Drivers are not employees of DeliveryCircle, they are "independent contractors". As such, drivers are responsible for ALL taxes on their net earnings including Self Employment taxes, income taxes etc. DeliveryCircle is not withholding any taxes from the payments to drivers. All US payment processors, including PayPal, are required by the Internal Revenue Service(IRS) to provide information to the IRS about certain customers who receive payments for the sale of goods or services through PayPal. You can access your 1099-K from your PayPal account. Drivers are required to submit an I-9 form with their correct tax-id and mailing address.

OTHER BUSINESSES
Parties other than DeliveryCircle operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. DeliveryCircle does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DeliveryCircle drivers are not employees of DeliveryCircle , they work only as needed on a contract basis.  If you register as a driver you are representing that you will carry appropriate auto liability coverage insurance for the delivery activities you undertake for other users.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE DELIVERYCIRCLE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DELIVERYCIRCLE SERVICES ARE PROVIDED BY DELIVERYCIRCLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DELIVERYCIRCLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DELIVERYCIRCLE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DELIVERYCIRCLE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DELIVERYCIRCLE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DELIVERYCIRCLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DELIVERYCIRCLE DOES NOT WARRANT THAT THE DELIVERYCIRCLE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DELIVERYCIRCLE SERVICES, DELIVERYCIRCLE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DELIVERYCIRCLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DELIVERYCIRCLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DELIVERYCIRCLE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DELIVERYCIRCLE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You understand and agree that DeliveryCircle is not responsible for drivers’ mistakes, negligence acts or omissions, misconduct, or other personal injury caused by the drivers.  DeliveryCircle does not provide or obtain insurance for the drivers who perform services using this site.

NON-DISCLOSURE (Applicable to Drivers and/or Transportation companies)
In consideration of DeliveryCircle's disclosure of its trade secrets to Drivers and/or Transportation companies (hereafter referred to as Recipient), Recipient agrees that it will treat DeliveryCircle's trade secrets with the same degree of care and safeguards that it takes with its own trade secrets, but in no event less than a reasonable degree of care. Recipient agrees that, without DeliveryCircle's prior written consent, Recipient will not:
(a) disclose DeliveryCircle's trade secrets to any third party
(b) make or permit to be made copies or other reproductions of DeliveryCircle's trade secrets, or
(c) make any commercial use of the trade secrets.
Recipient represents that it has, and agrees to maintain, an appropriate agreement with each of its employees and independent contractors who may have access to any of DeliveryCircle's trade secrets sufficient to enable Recipient to comply with all the terms of this Agreement.

NO AGENCY (Applicable to Drivers and/or Transportation companies)
This Agreement does not create any agency or partnership relationship between DeliveryCircle and the Drivers and/or Transportation companies.

INDEMNITY
You agree to indemnify and hold DeliveryCircle, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DeliveryCircle by any third party due to or arising out of or in connection with your use of the site or Services.

DISPUTES
Any controversy of any nature whatsoever, including but not limited to tort claims or contract disputes, between you and DeliveryCircle arising from or relating to the services, including, without limitation the  applicability and interpretation of these terms and/or the privacy policy, shall, upon the written request of one party served upon the other, be submitted to and settled by arbitration in accordance with the provision of the Federal Arbitration Act, 9 U.S.C. §§1-15, as amended.  In such arbitration, you and DeliveryCircle shall each appoint one person as an arbitrator to hear and determine such disputes, and the two arbitrators shall choose a third arbitrator from a panel made up of experienced arbitrators selected pursuant to the procedures of the American Arbitration Association (the “AAA”) and, once chosen, the third arbitrator’s decision shall be final, binding and conclusive upon the parties to this Agreement.  Each party shall be responsible for the fees and expenses of its arbitrator and the fees and expenses of the third arbitrator shall be shared equally by the parties.  The terms of the Commercial Rule of Arbitration of AAA shall apply, except to the extent they conflict with the provisions of this paragraph.  It is further agreed that any of the parties hereto may petition the United States District Court for the District of Delaware (or if such court refuses to take jurisdiction of the matter, a Delaware State Court sitting in New Castle County, Delaware), for a judgment to be entered upon any award entered through such arbitration proceedings.
You hereby irrevocably waive: (a) the right to trial by jury of any such suit, action or proceeding; and (b) any right, claim or entitlement to any punitive or exemplary damages whatsoever.

APPLICABLE LAW
By using any DeliveryCircle Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DeliveryCircle.