DELSE USER AGREEMENT
Date of the last edition: July 14, 2021 1. TERMS USED IN THIS USER AGREEMENT:
1.1 "Company" shall mean DELSE, Inc., a legal entity registered under the legislation of the United States of America, which is the sole owner of the Mobile Application. The Company lawfully manages the Application. The exclusive intellectual property rights to the Mobile Application belong to the Company. In accordance with the terms of this Agreement the services to Users are provided by the Company on its own and/or with the involvement of third parties.
1.2 "Agreement" shall mean this user agreement with all appendices hereto;
1.3 "Application" or "Mobile Application" shall mean the software designed to work on smartphones, tablets and other mobile devices that provides access to the DELSE parcel delivery service. The Application can be downloaded on a free-of-charge basis to the User's device from such online Application Stores as App Store, Google Play etc. The rights to the mobile application belong to the Company. Any reference to the "Application" or "Mobile Application" in the text of the Agreement shall mean "DELSE Application".
1.4 "Services" shall mean the services provided by the Company to Users through the Application in accordance with the terms of this Agreement.
1.5. "Announcement" shall mean the information about the Parcel, the relevant terms of delivery, the required delivery point or the route of the Carrier.
1.6. "User" shall mean any legally capable individual of age who has installed the Application on a mobile device and passed the registration procedure in order to receive the Company's Services. The User may receive the Company's Services in accordance with the terms of this Agreement, including for sharing their own Content or for communication with other registered Users. The same User can act as the Carrier and as the Sender.
1.7. "Carrier" shall mean an Application User who offers the service of transporting the Sender's Parcel;
1.8. "Sender" shall mean an Application User who places a request for the delivery of a Parcel to the point designated by such a User.
1.9. "Recipient" shall mean the person to whom the Sender sends the Parcel. The Recipient is not obliged to be a User of the Application.
1.10. "Website" or "Site" shall mean Internet-based information portal located on the Internet at https://delse.net
, containing the information about the Application and the documents governing the relations between the Company and Users.
1.11. "Company's Content" shall mean a text or graphics, interfaces intended for the User, visual interfaces, photos, sounds, illustrations, computer code (including html code), programs, software, products, information and documentation forming intellectual property of the Company and/or third parties.
1.12. "User Content" shall mean a text or graphics, any data in the interfaces intended for the User, visual interfaces, photos, sounds, illustrations, products, information, and any documentation published by Users and/or distributed and/or exchanged by them in any way through the Application.
1.13. "Application Administration" shall mean authorized employees of the Company, as well as other persons duly authorized by the Company to manage the Application and provide the Services to Users when using the Application in accordance with the terms of this Agreement.
1.14. "Rating" is a numerical indicator of the user's reliability (the level of trust to him). there are two types of user'srating in the application: the Carrier Rating and the Sender Rating. 2. GENERAL PROVISIONS
2.1. The Company is the owner of the DELSE mobile application intended for the delivery of parcels. The DELSE mobile application makes it possible to determine the terms of delivery of a parcel and to exchange information between Carriers heading to a certain locality and Senders who need to deliver a parcel on the same route. The purpose of such interaction between the Carrier and the Sender shall be delivery of the Sender's parcel.
2.2. This User Agreement (hereinafter referred to as the "Agreement") is concluded between the Company and an individual who has expressed his/her will to register as a User of the DELSE Application.
2.3. The terms of the Agreement are a public offer, i.e. the Company's offer to conclude an Agreement on the terms set by the Company.
The terms of the Agreement can only be accepted by the User by accession to the Agreement in general.
2.4. This Agreement is a standard form contract and in case of acceptance of the below listed conditions an individual (User) acquires the status of the customer under the Agreement, agrees to comply with the terms of this Agreement, supplements and appendices to this Agreement which form an integral part hereof.
2.5. The date of conclusion of this Agreement by the Company and the User is deemed to be the moment of acceptance (approval of the terms) of the User Agreement when registering in the Application.
2.6. Any interaction of the User with the Application (including, but not limited to: registration, verification, posting of any information, transfer of funds to the Company for the services provided, actual use of the Application) also confirms the User's unconditional consent to all the terms of this Agreement (including its appendices). Such interaction with the Application is a full and unconditional acceptance of this Agreement. Ignorance of the terms of the Agreement does not release the User from responsibility for the failure to comply with such terms.
2.7. After the conclusion of this Agreement, the Company grants access to the Application features under the terms set out in the Agreement.
2.8. The Company reserves the right to introduce changes to the Agreement and/or withdraw the Agreement at any time at its sole discretion. If the Company makes changes to the Agreement, such changes take effect from the moment the amended text of the Agreement is posted on the Internet on the Website and/or in the Application, unless any other time limit for the changes to take effect is stipulated in the event of such placement.
2.9. The current version of the User Agreement is available on the Website and/or in the Application. Continued use of the Application (any further interaction with the Application) means that the User agrees to the amendments introduced to the Agreement.
2.10. If the User does not agree with any of the terms of this Agreement and/or does not intend to observe the terms of this Agreement (or of the new version of the Agreement), s(he) shall not be entitled to use the Application features. The User must stop using the Application and leave it.
2.11. The Application Administration has the right to refuse to register any User and/or prohibit the use of the Application at any time in case of violation of the terms of this Agreement, current legislation, legal rights and interests of the Company and third parties.
2.12. By entering into this Agreement, the User understands and agrees that the Company is not a party to civil law relations or other obligations and arrangements between the Users, or the User and the state, and performs exclusively the functions stipulated by this Agreement. 3. SUBJECT OF THE AGREEMENT
3.1 This Agreement sets out the terms and conditions for using the Application and providing the Services by the Company to Users.