Terms and conditions 

1. Introduction

Welcome to It’s Here Delivery. These Terms and Conditions (“Agreement”) govern your use of our logistics and delivery management solutions (“Services”). By accessing or using our Services, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use our Services.

2. Definitions

• Account: Your registered account with It’s Here Delivery.
• Content: Data, information, or material uploaded, transmitted, or stored by you through the Services.
• Personal Information: Any information relating to an identified or identifiable individual.

3. Services

3.1 Provision of Services: We provide various logistics and delivery management solutions, including but not limited to, warehouse management, delivery route optimization, real-time tracking, and automated scheduling.

3.2 Modification of Services: We reserve the right to modify or discontinue the Services or any part thereof at any time with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuance.

3.3 Service Availability: We strive to ensure the Services are available 24/7, but we do not guarantee uninterrupted access. We may experience technical difficulties, maintenance, or other issues that can affect availability.

4. Customer Obligations

4.1 Account Confidentiality: You are responsible for maintaining the confidentiality of your Account credentials. You must notify us immediately of any unauthorized use of your Account. We are not liable for any loss or damage arising from your failure to protect your Account information.

4.2 Compliance with Laws: You agree to comply with all applicable laws and regulations, including but not limited to data protection, privacy, and export control laws. You are responsible for ensuring your use of the Services is lawful.

4.3 Prohibited Uses: You agree not to:

• Sublicense, resell, or transfer the Services.
• Use the Services in any unlawful manner.
• Interfere with or disrupt the integrity or performance of the Services.
• Attempt to gain unauthorized access to the Services.

5. Fees and Payment

5.1 Service Fees: Fees for the Services will be specified at the time of order. All fees are non-refundable except as required by law.

5.2 Payment Terms: Invoices are due and payable within thirty (30) days of the invoice date. Late payments may incur interest at the rate of 1.5% per month.

5.3 Taxes: You are responsible for all taxes and duties associated with your use of the Services.

6. Intellectual Property

6.1 Ownership: All intellectual property rights in the Services and related documentation remain the property of It’s Here Delivery.

6.2 Licence: You are granted a non-exclusive, non-transferable license to use the Services as per this Agreement.

6.3 Restrictions: You shall not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.

7. Confidentiality

7.1 Confidential Information: All confidential information disclosed by one party to the other during the term of this Agreement shall remain the sole property of the disclosing party and shall be kept confidential.

7.2 Exceptions: Confidential Information does not include information that is publicly known, independently developed, lawfully received from a third party, or required to be disclosed by law.

8. Data Protection

8.1 Personal Information: We will process any Personal Information in accordance with our Privacy Policy and applicable data protection laws.

8.2 Data Security: We implement appropriate technical and organizational measures to protect your Personal Information against unauthorized access, loss, or destruction.

9. Limitation of Liability

9.1 No Warranty: We provide the Services “as is” without any warranty 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.

9.2 Limitation of Liability: In no event will It’s Here Delivery be liable for any indirect, incidental, consequential, or special damages, including loss of revenue or profits, even if we have been advised of the possibility of such damages. Our total liability under this Agreement will not exceed the total fees paid by you in the six months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless It’s Here Delivery, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Services or your breach of this Agreement.

11. Term and Termination

11.1 Term: This Agreement will commence on the date you first use the Services and will continue until terminated as per the terms herein.

11.2 Termination for Cause: Either party may terminate this Agreement with immediate effect if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days of notice.

11.3 Effect of Termination: Upon termination, you will immediately cease using the Services, and any outstanding fees will become due and payable.

12. Governing Law and Dispute Resolution

12.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which It’s Here Delivery is established.

12.2 Dispute Resolution: Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in accordance with the rules of the jurisdiction in which It’s Here Delivery is established.

13. Miscellaneous

13.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements and understandings.

13.2 Amendments: We may modify these terms at any time by posting the revised terms on our website. Continued use of the Services constitutes acceptance of the revised terms.

13.3 Severability: If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary, and the remainder of this Agreement shall have full force and effect.

13.4 Waiver: Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.

13.5 Assignment: You may not assign your rights or obligations under this Agreement without our prior written consent.

14. Contact Information

If you have any questions about these Terms and Conditions, please contact us at support@itshere.com.