Terms and Conditions for items.Delivery
Last Updated: [March 7, 2025]
Thank you for choosing items.Delivery! These Terms and Conditions (“Agreement”) govern your use of our delivery services through our website and mobile application (collectively, the “Services”). By accessing or using the Services, you agree to abide by these terms. If you do not agree to these terms, please do not use the Services.
1. Definitions
- “Items.Delivery” refers to the delivery platform, including the website, mobile application, and all associated technologies.
- “User” refers to any individual or entity that uses or accesses the Services, whether as a customer, delivery driver (referred to as “Driver”), or restaurant partner (referred to as “Merchant”).
- “Merchant” refers to any restaurant or store that lists items on the platform for delivery.
- “Driver” refers to any person who delivers items ordered by Users.
- “Order” refers to any purchase made through the Services.
2. Account Registration and Eligibility
To use the Services, you must register for an account. You must provide accurate, current, and complete information during registration, and you are responsible for maintaining the security and confidentiality of your account credentials. You must be at least 18 years old to register for an account and use the Services.
3. Services Provided
items.Delivery provides a platform that connects Users with Merchants for the ordering of food, groceries, or other items and facilitates the delivery of those items through independent Drivers. items.Delivery is not a party to the transaction between the User and Merchant but serves as a facilitator of the transaction.
4. Ordering and Delivery
By placing an order through the Services, you agree to:
- Pay the total order price, including the cost of items, delivery fee, service fees, and any applicable taxes.
- The delivery of items is handled by Drivers who are independent contractors, and delivery times may vary.
- items.Delivery is not responsible for delays or mistakes made by Merchants or Drivers.
- Users must ensure that they are available at the delivery address to accept the order at the time of delivery. Failure to do so may result in additional charges or the order being canceled.
5. Payment Terms
- Users will be charged at the time of order placement, and payment processing will occur via a valid payment method stored in your account.
- Items.Delivery charges a service fee and delivery fee, which may vary based on location, delivery demand, or other factors.
- Users are responsible for any additional charges related to the order, including but not limited to taxes, tips, or surcharges.
- Items.Delivery may offer different pricing based on geographic location or promotions.
- In the event of a payment dispute, items.Delivery reserves the right to resolve such disputes in accordance with applicable law.
- Users located in the USA or Canada may be subject to sales tax and other transaction taxes, as applicable in their respective jurisdictions.
6. Refunds and Cancellations
- Once an order is completed, it is generally non-refundable. However, items.Delivery may grant refunds at its sole discretion in cases of delivery failure, incomplete orders, or other valid issues.
- If you wish to cancel your order, you must do so before the Merchant starts preparing it or the Driver picks it up. After that point, the order cannot be canceled.
- If an order is undeliverable due to an issue with the address or other reasons outside of items.Delivery’s control, the order may be canceled, and you may incur a fee.
7. Driver Responsibilities
- Drivers are independent contractors and are responsible for ensuring the safe and timely delivery of orders.
- Drivers must comply with all applicable laws and regulations, including traffic laws, while delivering orders.
- Drivers are required to maintain their own vehicle insurance and be responsible for the condition of their vehicle.
- items.Delivery is not liable for accidents or incidents that occur during the delivery process.
8. Merchant Responsibilities
- Merchants are responsible for ensuring that all items listed on the platform are accurately described and available for sale.
- Merchants must prepare orders in a timely manner and ensure that food and items are properly packaged for delivery.
- Items.Delivery is not responsible for any issues with the quality, safety, or freshness of the items provided by Merchants.
9. Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Using the Services for any unlawful purpose or in violation of any local, state, provincial, or federal laws.
- Interfering with or disrupting the Services or the servers or networks connected to the Services.
- Providing false, misleading, or inaccurate information.
- Attempting to circumvent the payment process or fraudulently obtain discounts, refunds, or other benefits.
- Using items.Delivery’s platform to solicit or recruit Drivers or Merchants for competing services.
10. Intellectual Property
All content, features, and functionality of the Services, including but not limited to logos, trademarks, text, graphics, and software, are the property of items.Delivery or its licensors and are protected by copyright, trademark, and other intellectual property laws. You agree not to use any part of the Services in any manner that is not explicitly authorized by these Terms and Conditions.
11. Limitation of Liability
- Items.Delivery is not responsible for any losses, damages, or injuries that may occur as a result of using the Services, including but not limited to delays, delivery errors, or disputes between Users and Merchants.
- Items.Delivery will not be held liable for any indirect, incidental, special, or consequential damages arising from your use of the Services.
12. Indemnification
You agree to indemnify and hold items.Delivery, its affiliates, officers, employees, and agents harmless from any claims, damages, liabilities, or expenses (including legal fees) arising out of your use of the Services, violation of these Terms, or infringement of any intellectual property or other rights.
13. Privacy
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Services, you consent to the practices outlined in the Privacy Policy.
14. Modifications
items.Delivery reserves the right to modify or update these Terms and Conditions at any time. Any changes will be posted on the website or app, and your continued use of the Services after such changes constitutes acceptance of the revised Terms.
15. Termination
- items.Delivery reserves the right to suspend or terminate your account at any time for violations of these Terms and Conditions or for any conduct that we believe may harm the Services or other Users.
- You may terminate your account at any time by contacting items.Delivery customer support.
16. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the jurisdiction in which you reside, either in the United States or Canada, without regard to its conflict of law principles. For Users in the United States, the laws of the state in which you reside will apply. For Users in Canada, the laws of the province in which you reside will apply.
17. Dispute Resolution
Any disputes arising from or relating to these Terms and Conditions shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration body for Users in the United States. For Canadian Users, arbitration will be conducted under the laws of the province where the User resides.
By using the items.Delivery Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.