TERMS OF USE & SERVICE of PRONTODELIVR (“the Website”)

Effective as of  October 8th, 2017.

1.     Welcome to ProntoDelivr (“the Company”).

2.     The Website is comprised of various web pages operated by the Company and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (“the Terms”). Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

3.     The Company at ‘www.prontodelivr.com’ is a platform that offers rental car delivery to clients.

PRIVACY

4.     Your use of the Website is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

5.     Visiting the Website, signing up for an account, subscribing to the Company and/or sending emails to the Company constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices disclosures and other communications that we provide to you electronically via email and/or on the Website satisfy the legal requirement that such communications be in writing.

6.     The Company does not knowingly collect either online or offline, personal information from persons under the age of thirteen.  If you are under 18, you may use the Website only with permission of a parent or guardian.

YOUR ACCOUNT

 

7.     If you use the Website, 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.  You may not assign or otherwise transfer your account to any other person or entity. 

8.     You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. 

9.     The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

10.  In the event that you would like to remove your account with the Company, you are hereby advised to send us an email at [email protected] with your request stated therein.  Upon receiving your request, we will process the same as soon as practicable.  The removal of your account/profile with the Company will take effect upon the Company providing you with confirmation of the same. 

LINKS TO THIRD PARTY SITES

11.  The Company may contain links to other website (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or update to a Linked Site.  The Company is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY

12.  You are granted a non-exclusive, non-transferable, recoverable license to access and use of the Website strictly in accordance with these terms of use.  As condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms.

13.  You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available through the Website.

14.  All content included herein, such as inter alia, text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Website, is the property of the Company and/or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

15.  You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.

16.  The Company content is not for resale.

17.  Your use of the Site does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised by these Terms.

INTERNATIONAL USERS

18.  All information and content on the Website are controlled, operated and administered by the Company from our offices in the United States.  If you access the information and content from a location outside the U.S., you are responsible for compliance with all local laws.

19.  Your agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

20.  You agree to indemnify, defend and hold harmless, without limitations, the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

21.  The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.

LIABILITY DISCLAIMER

22.  The information, software, products and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the Website at any time.

23.  The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the site for any purpose to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind.  The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

24.  To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of any failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its Suppliers has been advised of the possibility of damages.

25.  The above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.

TERMINATION / ACCESS RESTRICTION

26.  The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services of any portion thereof at any time, without notice.

JURISDICTION

27.  To the maximum extent permitted by law, this Agreement is governed by the laws in the state of California and you hereby consent to the exclusive jurisdiction and venue of courts in California. in all disputes arising out of or relating to the use of the Website.  Use of the Website is unauthorised in any jurisdiction that does not give effect to all provision of these Terms, including, without limitation, this section.

SEVERABILITY

28.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

ENTIRE AGREEMENT

29.  Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior contemporaneous communication and proposals, whether electronic, oral or written between the user and the Company with respect to the Website.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that this Agreement and all related documents be written in English.

CHANGES TO TERMS

30.  The Company reserves the right, in its sole discretion, to change the Terms. The most current version of the Terms will supersede all previous versions.  The Company encourages you to periodically review the Terms to stay informed of our updates.

CONTACT

31.  The Company welcomes your questions or comments regarding the foregoing Terms.

You may contact us at [email protected] You may also reach us at 415-304-4970.

PRIVACY POLICY

Updated as at May 25th, 2017

INTRODUCTION

1.     This site is owned and operated by Prontodelivr Inc. and ProntoDelivr (“the Company”) is located at ‘www.prontodelivr.com’ (“the Website”). For the purposes of this Privacy Policy, unless otherwise specified, all references to ProntoDelivr include the Company and the Website.

2.     The Company provides, inter alia, a platform for rental car delivery. 

3.     Your privacy on the Internet is of the utmost importance to us. We will never share your personal information with any third party, but because we may gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information.  This privacy statement discloses what information we gather and how we use it.

4.     The private information you provide on the Website will be used only for its intended purpose.

5.     We will protect your information consistent with the principles of the Privacy Act of 1974, 5 U.S.C, the E-Government Act of 2002, and the Federal Records Act.

6.     By using the Website, you consent to the data practices described hereinafter.

PERSONAL INFORMATION

7.     As a general rule, the Company does not collect personal information about you when you visit the Website, unless you choose to provide such information to us.  Submitting personal information through the Website is voluntary. By doing so, you are giving the Company your permission to use the information for the stated purpose.  However, not providing certain information may result in the Company the inability to provide you with the Services (hereinafter defined in Clause 8).

8.     If you choose to provide us with personal information on the Website, through methods such as registering and/or creating an account or submitting a message through our Contact us page on the Website and/or sending us an email at [email protected] we may use that information to help us provide you with information and/or service(s) (collectively referred to as (“the Services”)).

9.     We may also use the personal information to respond to any of your message(s) and/or feedback(s). The information we may receive from you varies based on what you do when visiting the Website.

COLLECTION OF PERSONAL INFORMATION

10.  By using the Website and its functions, you may provide basic information such as including but not limited to your name, phone number, address and email address which allows us to send information, provide updates and/or process the type of Services you so desire.

11.  If you sign up with the Company, we may also collect, inter alia, billing and credit card information.

12.  The Company encourages you to review the privacy statements of Websites you choose to link to from the Company so that you can understand how those Websites collect, use and share your information (“Third Party Website”).  The Company is not responsible for the privacy statements or other contents on the Third Party Website outside of the Company’s Website.

THE NATURE OF PERSONAL INFORMATION WE COLLECT

13.  Personal information we collect which you may provide to us includes, inter alia:-

13.1       Identifying information (i.e. name, date and place of birth, gender, age);

13.2       Contact information (i.e. home / office address, home / mobile / office phone numbers); and

13.3       Financial information (i.e. bank account and number, credit card number and details).

14.  As a general rule, you have the right not to provide the foregoing information when dealing with the Company and/or when we provide the Services to you.  However, not providing certain information may result in the, inter alia, inability to provide you with the Services.

AUTOMATICALLY COLLECTED INFORMATION

15.  We collect and temporarily store certain information about your visit for use in site management and security purposes only.  We collect and analyse this information because it helps us to better design the Website to suit your needs.  We may also automatically collect information about the web content you view in the event of a known security or virus threat.

The information includes, inter alia :-

15.1       The internet domain name from which you access our Website (for example, “xcompany.com” if you use a private internet access account, or “yourschool.edu” if you connect from an educational domain);

15.2       The internet protocol (“IP”) address (a unique number for each computer connected to the internet) from which you access our Website;

15.3       The type of browser used to access our Website;

15.4       The operating system used to access our Website;

15.5       The date and time you access our Website;

15.6       The Universal Resource Locators (“URLs”) or address of the pages you visit;

15.7       Your username, if it was used to log in to the Website; and

15.8       If you visited this Website from another website, the URL of the forwarding site.

INFORMATION COLLECTED FOR TRACKING AND CUSTOMIZATION (COOKIES)

16.  A cookie is a small file that a website transfers to your computer to allow it to remember specific information about your session while you are connected. Your computer will only share the information in the cookie with the Website that provided it, and no other Website can request it. There are two types of cookies:

16.1       Session: Session cookies last only as long as your web browser is open. Once you close your browser, the cookie is deleted. Websites may use session cookies for technical purposes such as to enable better navigation through the site, or to allow you to customize your preferences for interacting with the site.

16.2       Persistent: Persistent cookies are saved on a user’s hard drive in order to determine which users are new to the site or are returning.

USE OF YOUR PERSONAL INFORMATION

17.  The Company collects and uses your personal information to operate the Website and deliver the Services.

18.  The Company does not sell, rent or lease its customer list to third parties.

19.  The Company may, from time to time, contact you on behalf of, including but not limited to, third parties about a particular offering that may be of interest to you.  In those cases, your personal information (i.e. email, name, address, telephone number) is transferred to the third party. 

20.  The Company may share data between/with, inter alia, the third parties to help perform statistical analysis send you email, provide customer support, or arrange for deliveries.  All such third parties are prohibited from using your personal information except to provide these Services to the Company and they are required to maintain the confidentiality of your information. 

21.  The Company may keep track of the Website and pages our users visit within the Company, in order to determine what the Company services are the most popular. The data is used to deliver customized content and advertising within the Company to customers whose behaviour indicates they are interested in a particular subject area.

DISCLOSURE OF YOUR PERSONAL INFORMATION

22.  The personal information you provide to us whether voluntarily or automatically as the foregoing paragraphs describes, may be used and disclosed without limitations, to our employees, staffs, insurers, professionals, agents, suppliers, subcontractors and/or other parties we deem fit for the purpose and in the manner reasonably necessary for the carrying out of the Services and for purposes set out in this Privacy Policy.

23.  Personal information may be disclosed and/or supplied between the third parties. When personal information is disclosed and/or supplied between the third parties all terms and conditions contained herein shall have effect for the purpose of protecting your personal information.

24.  Compliance with legal requirements for the enforcement of law, regulations, court orders, subpoena, warrant during the course of a legal proceedings or otherwise may render our need to disclose personal information.

25.  Personal information may also be used to protect and safeguard the copyright, trademarks, legal rights, intellectual property rights or safety of the Company.

SECURITY OF YOUR PERSONAL INFORMATION

26.  The Company secures your personal information from unauthorized access, use or disclosure.

CHILDREN UNDER THIRTEEN

27.  The Company does not knowingly collect personal information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this Website and/or Services.

OPT-OUT & UNSUBSCRIBE

28.  The Company respects your privacy and gives you an opportunity to opt-out of receiving information in respect of the Services by contacting us at [email protected]

CHANGES

29.  The terms contained in this Privacy Policy may change and subject to modification and amendments. All modifications and the time of the changes and modification will be subject to the sole direction of the Company and such changes will have immediate effect. No notice will be given to you prior to such changes and/or modifications; you are therefore advised to review our Privacy Policy from time to time.

CONTACT

30.  The Company welcomes your questions or comments regarding the foregoing Terms.

 

Please find us at [email protected]

DISCLAIMER

GENERAL

1.     ProntoDelivr (“the Company”), located at ‘www.prontodelivr.com’ (“the Website”) is a logistic platform that offers delivery of rental cars.

2.     The Company is not, inter alia, professionals and in no event whatsoever is the Company claiming to be, without limitations, professionals and/or nutritionist (as the case may be).  

3.     The contents on the Website are not, without limitations, advice and/or professional advice and should not be construed and/or considered to be.

4.     No warranties

4.1          The general information on the Website is provided without any representations or warranties, express or implied.

4.2          Without limiting the scope of Section 4.1,  we do not warrant and/or represent that the information on the Website :-

(a)  will be constantly available, or available at all; or

(b)  is true, accurate, complete, current or non-misleading.

5.     Interactive features

5.1          The Website may include interactive features that allow users to communicate with us.

5.2          You acknowledge that, because of the limited nature of communication through the Website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

5.3          Any assistance you may receive using any of the Website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

CONTENTS ON THE WEBSITE

6.     All information contained, posted and/or displayed on the Website including but not limited to nutrition is for information purposes only.

7.     The Company is not and will not be liable, either expressly or in an implied manner, and is not responsible for any physical and/or emotional problems that may and/or could occur from any of the information whether for nutrition or otherwise on the Website.

DISCLAIMER OF WARRANTIES

8.     You agree that use of the Website is at your sole risk. All information and content are provided on an "as is" and "as available" basis.

9.     The Company, its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, correctness, non-infringement, merchantability, or fitness for a particular purpose of the information, materials and/or content available through the Website.

10.  The Company does not guarantee the Website to be error-free, secure, continuously available or free of viruses or other harmful components.

11.  You also agree that if you rely on any data or information obtained through the Website, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of any material and/or data.

12.  The Company and the contents and/or information on the Website are provided with the understanding that neither the Company nor its users, while such users are participating in the sites, are engaged in rendering legal, medical, counselling or other professional services or advice. The contents and/or information on the website are not substitute for professional services or advice.

13.  The Company its affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through the Websites including without limitations, references to websites, other than those express warranties the Company itself specifically makes.

LIMITATION OF LIABILITY

14.  Under no circumstances will the Company or its affiliates, agents or licensors be liable to you or anyone else for including but not limited to any loss and/or damages arising out of your use of any of the Website, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages.

15.  Without prejudice to Clause 14 herein, nothing in this disclaimer will :-

(a)  limit or exclude any liability for death or personal injury resulting from negligence;

(b)  limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)  limit any liabilities in any way that is not permitted under applicable law; or

(d)  exclude any liability that may not be excluded under applicable law.

THIRD PARTY LIABILITY

16.  By using the Website, you agree and consent that any loss and/or damages arising out of or in connection to, without limitation to the negligence, fault, mistake, misrepresentation and/or fraud of any third party and/or any services provided to you by the third party is the responsibility and liability of the individual and/or group of third party, and you hereby agree that you will only claim against and seek relief against the third party and the Company will be free of any liability/responsibility whatsoever.

INDEMNIFICATION

17.  In the event that the Company becomes a party to the third party proceedings, you agree to indemnify, defend and hold harmless, without limitations, the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of without limitations, the negligence, fault, mistake, misrepresentation and/or fraud of the third party.

Effective as of October 8, 2017.