PLEASE READ THE TERMS AND CONDITIONS CAREFULLY SET OUT BELOW BEFORE ACCESING OR USING THE DELIVERY BOY SERVICES. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DELIVERY BOY FOR ORDERING OR PURCHASING ANY ITEM OR GOODS FROM THIS DELIVERY BOY’S SITE AND OR MOBILE APPLICATION.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF DELIVERY BOY, PLEASE DO NOT USE OR ACCESS THE SITE. YOUR ACCESS OR USE OF THIS SITE IMPLIES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN. DELIVERY BOY RESERVES THE RIGHT TO AMEND, CHANGE, ADD OR MODIFY THE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE TO YOU.
About the Deliver Boy
- Delivery Boy is a company organized and existing under the laws of the Republic of the Philippines, with address at D1 2nd Flr. Purok 3 Cabaruan, Cauayan City, Isabela, Philippines.
- Deliver Boy is an online delivery service that enables consumers to purchase items from nearby merchants and have these items delivered to their doorstep.
- Delivery Boy’s services shall include receiving through its Site and through its mobile application purchases or orders for delivery from the Merchant’s customer and promptly dispatching a Delivery Boy Runner to the Merchant to pick up the purchased items for delivery for you.
- Delivery Boy acts as intermediary/facilitator and is cannot be a party to or control in any manner any purchase or sale transaction between you and the merchant in the sale of terms. The item featured on the Site are being offered, provided and sold by the Merchant members, not by Delivery Boy.
- Delivery Boy is in no way responsible for the quality of the items offered by the Merchants. All questions regarding Merchant’s products or items featured on the Site should be directed to the appropriate Merchant.
Ordering/Placing an Order
- Any contract for purchase of items from this Site is between you and the Merchant while delivery of items is between you and the Delivery Boy. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit and that you have sufficient funds to make the payment.
- Items and goods purchased from this Site are intended for use and you warrant that any items or goods purchased by you are bot for resale and that you are acting as principal only and not as agent for another party when availing of Delivery Boy’s Services.
- Please note that some of featured products in the Site may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
- When ordering from this Site you may be required to provide an e-mail address and password. You may must ensure that you keep the details of your e-mail and password secure. Password should be personally secured by the owner of the account used in the Delivery Boy’s Site and mobile applications.
- Delivery Boy take reasonable care to keep the details of your order and facilitate safe payment schemes. Delivery Boy cannot be held liable for any loss you may suffer if a third party procures unauthorized access to nay data you provide when accessing or ordering from the Site or mobile application.
- Any order that you may place with us is subject to product availability, delivery capacity and acceptance by us and the merchants. When you place your order online, Delivery Boy will send you an e-mail to confirm that Delivery Boy has received it. The automatic confirmation is an acknowledgment of Delivery Boy’s receipt of your order, which will be processed for ordering with the Merchants. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either Delivery Boy or the merchant will be able to fill you order.
- If the ordered items or goods are available, the Merchant will accept the order placement and confirm it to Delivery Boy. Once the details of the order are verified, you will receive a text messages (SMS), which will serve as order placement confirmation.
- The confirmation message will contain a list of the items or goods with the total price and the estimated delivery time of arrival to your designated place.
- If the products are not available or if Delivery Boy is unable to render the delivery service, Delivery Boy will let you know by sending you a text message (SMS) or giving you a phone call.
Prices and Availability of Items
- The information contained on the Site regarding prices, specifications, and availability of the items/products listed on the Site are provided by Merchants. Prices are inclusive of the relevant sales tax and other fees.
- Delivery Boy reserves the right to modify the items available for sale on the Site or stop listing items of Merchants.
- Upon advice of the Merchant, the prices charged and posted on the Site are generally the same at the prices charged in the brick-and-mortar stores at the time an order for items is delivered or available for pick-up. Merchants may however include mark-up or discounts on their prices.
- Prices, specifications and availability of products and/or items may differ and are subject to changes, especially when you select a delivery of pick-up date that is different from the date on which you place your order.
- Delivery Boy observes best efforts to ensure accuracy in posting pricing information, without giving full guarantee that discrepancies will not occur. While Delivery Boy exercises diligence to confirm the accuracy of the price information contained on the Site and mobile application, it shall not be liable for any mistake or price inconsistency. Should you become aware that the Site and mobile application contain inaccurate information, please let us know by contacting us.
- Any transaction for the purchase of items from this Site and mobile application is between you and the Merchant. You agree to exercise due care when providing us with your details and warrant that these are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your credit and that you have sufficient funds to make the payment.
- The total price for items or goods, including delivery changes and other charges, will be displayed in the Site and mobile application when you place your order. Full payment must be made for all items or goods dispatched either in cash or thru use of credit payment facility transaction. If you choose Cash on Delivery (COD), Delivery Boy shall pick-up and deliver the purchased items to you and collect the money for the order delivery; or if you choose to pay via credit card, Delivery Boy shall accept the credit card payment through its payment facility, then in turn purchase the selected items from the Merchant and deliver the items to you.
- Estimated delivery time made in the course of ordering items and goods is a mere approximation which mays till vary depending on the flow of road traffic. Items or goods will be delivered to the address designated by you at the time if placing your orders.
- In case items or goods are not delivered within the estimated delivery set by us, you may contact us by telephone, cellphone, or e-mail. Delivery Boy engages itself to ensure that you receive your order in a timely manner.
- If you fail to accept delivery of the items for goods despite timely delivery by Delivery Boy, or Delivery Boy was unable to deliver at the nominated time due to your failure to provide appropriate and sufficient instructions, or authorizations, then such items or goods shall be borne by you. Any storage, insurance and other costs, which Deliver Boy incurs as a result to accept items or goods without valid and reasonable cause, shalative when delivered. lt be your responsibility and you shall indemnify Delivery Boy in full for such cost.
- Delivery Boy shall be liable to you for any losses, liabilities, costs, damages or expenses arising out of late delivery when the cause of being late is solely attributable to your fault and negligence. This includes but is not limited to your failure in giving proper instructions and directions, or failure to assign a person to receive the items or goods when you cannot personally receive them delivered.
Return and Refund Policy
- In case of a late delivery, the delivery charge will neither be voided nor refunded by Delivery Boy.
- Only non-perishable items and goods may be returned to the Merchant, subject to its policies.
- No returns or refunds are permitted after the items or goods have been accepted by you or your representative when delivered.
- Delivery Boy may cancel a transaction if the products is not available for any reason. You will be notified of this circumstance and any payment already made will be refunded to you.
Delivery Boy reserves the right to cancel any orde(s) due to the following:
- When there is reasonable ground to believe that a customer has undertaken a fraudulent or suspicious transaction;
- When a customer has undertaken a transaction which is not in accordance with the provisions of these Terms and Conditions; or
- When Delivery Boy cannot perform the delivery service for any reasons outside its control, which include but are not limited to related logistical difficulties, force majeure and other unforeseen events.
- Delivery Boy reserves the right to deny access to non-compliant users or and/or cancel orders already placed at any time, with due notice.
Representative and Warranties
- Delivery Boy does not make any representative or warranties in respect of the availability of the items or goods on the Site nor does Delivery Boy expressly or impliedly support or endorse the sale or purchase of any items or goods on the Site or mobile application. Delivery Boy accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Delivery Boy exercises best efforts to display available items or goods, including accurate appearance in terms of color, size, shape and description. However, Delivery Boy shall not be liable for any inconsistency with appearance or inaccuracy with claim of color, which involves trademark ownership.
- You acknowledge and agree that Delivery Boy shall act as your agent for retrieval and delivery of items or goods purchased on the Site or mobile application, and the Delivery Boy has no relationship with you other than to provide such retrieval and delivery service. At no time shall the Delivery Boy have any right, title or interest to such items or goods. Delivery Boy does not have any control over the quality, failure to provide or any other aspect whatsoever of the items or goods and is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.
- You are entitled to request a copy of the personal information Delivery Boy holds on you. Please contact us if you wish to request this information.
Limitation of Liability
- Delivery Boy exercises diligence in keeping all information on the Site and mobile application accurate. Delivery Boy cannot warrant that use of the Site or mobile application will be error free or fit for all purposes, or the Site or mobile application or the server that makes it available are free of viruses or bugs but ensures maintenance of the Site or mobile application for its continuous functionality.
- Delivery Boy disclaims any and all liability to you for the delivery of items or goods of Merchant members to the fullest extent permissible under applicable law. This does not affect you statutory rights as a consumer, If Merchant is found liable for any loss or damage to you such liability is limited to the amount that you have paid for the relevant items or goods, Delivery Boy cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising from these circumstances.
- Delivery Boy does not accept any liability for any delays, failures, errors or omission or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system odue to usage of the Site or mobile application.
- Delivery Boy shall not be held liable for any failure or delay in performing services or delivering goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unforeseen events caused directly and exclusively by force majeure that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion, compliance with any law or governmental order, rule, regulations or direction and acts of third parties.
- If Delivery Boy has agreed to provide identical or similar order to more than one customers and is prevented from fully, meetings its obligation to you by reason on an event of force majeure, Delivery Boy may decide at its sole discretion which order Delivery Boy will find and determine its extent.
- Delivery Boy observes diligence to prevent Internet fraud and secures any data collected from. Delivery Boy cannot be held liable in the event of a breach in security computer servers or those of third parties.
- Delivery Boy reserves the right to block or refuse future service/s to any customer/s or online shopper/s when there is reasonable belief dn ground that an abuse of voucher/s and/or discount codes is committed or when the transaction involves fraud or attempt to commit fraud. Additionally, should an abuse of vouchers or discount codes be committed, Delivery Boy reserves the right to seek compensation from any and all violators.
- Offers are subject to Delivery Boy’s full discretion and may be withdrawn at any time without prior notice.
- These Terms and Conditions and this User Agreement shall be governed by and construed un accordance with the laws of the Republic of the Philippines. The parties hereto submit to the exclusive jurisdiction of the courts of Isabela, Philippines.
- This User Agreement is effective unless and until terminated by either you or Delivery Boy. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Site or mobile application. Delivery Boy may terminate this User Agreement at any time and may do so immediately without prior notice, and accordingly deny your access to the Site or mobile application.
- Such termination will be without any liability to Delivery Boy. Delivery Boy’s right to be indemnified pursuant to the terms hereof, shall service any termination of this User Agreement. Any such termination of the User Agreement shall no cancel your obligation to pay for items or goods already ordered from the Site or mobile application or affect any liability that may have arisen under the User Agreement prior to the date of termination.
- Delivery Boy may subcontract any part or parts if the Services it provides to you at any time. Delivery Boy may assign or novate any part or parts of its rights under these Terms and Conditions without your prior consent.
- Delivery Boy may later or vary the Terms and Conditions at any time without giving prior notice to you.
- Payment must be made either at the time of order no the items or goods from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
- Initiating any automated system or program in connection with our Site or mobile application or its online ordering functionality is not allowed.
- Collecting any personally identifiable information from the Site and mobile application. Including the use of communication systems provided by the Site or mobile application for any commercial purposes are not allowed. Distribution or publication of vouchers or codes, solicitation for any reason whatsoever to any users of the Site or mobile application, and hacking or scrapping the Site or mobile application, are prohibited acts which will be dealt accordingly.
- If any of the Terms and Conditions shall be deemed invalid, illegal or unenforceable, such term or condition shall be deemed not written and the remainder shall continue in force without such term or condition.
- No delay or failure on our part to enforce our rights or remedies under these Terms and Conditions and User Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
- For further comment/s, suggestion/s and feedback, you may send it to Delivery Boy e-mail address at: firstname.lastname@example.org.