Terms & Conditions
These Terms and Conditions (‘Terms”) represents a legal contract between you as an individual (“you”) and [Gloobenoon Services Inc], a company that manages [New postman] (the “App” or “Services”) and the website [Www.newpostman.com] (the “Site”). [Gloobenoon Services Inc] will acquire and support the offering of lead generation service provided through an improved digital technology Application (New Postman) that allows the appropriate traveller to receive packages and offer delivery services for a package sender from one point to another. [Gloobenoon Services Inc] will facilitate you with [New Postman] App, a mobile application provided by [Gloobenoon Services Inc] that grants you access to all the Services provided through the App. The Services alongside the App enables you (Package Sender) to seek, receive, and fulfill requests for delivery/logistics Service Request from registered travellers’ users of the App (“Travellers”).
To be eligible to use the Services and the App, you must read through and accept these Terms and Conditions that are defined herein. Subject to your acceptance of these Terms and Conditions, you and [Gloobenoon Services Inc] agreed to be bound by the Terms and Conditions detailed herein.
This terms explicitly applies to:
- Travelers: Users who render or provides delivery Services independently.
- Package sender: Users who request for logistic or delivery Services from travellers
In addition, this Policy also applies to individuals who provide information to [Gloobenoon Services Inc] in connection with an application to use the Services, or whose information [Gloobenoon Services Inc] receives in connection with its Services. All subject to these Terms and Conditions is regarded as “Users” throughout this document.
The practices detailed in this Terms and Conditions are reliant on applicable laws in all places where we operate.
USING THE SERVICE
Upon the activation of the App, valid package sender’s and travellers’ requests will be seen on the App depending on locations. If a package sender decided to look up for a traveller for logistics/delivery service, important information about the traveller would be provided to the package sender. Such information includes traveller’s first name, location, images, and other information that may be required to fulfill the request. Users acknowledge and consent that the App may likewise provide other Users with some information about them. You are at this moment prohibited from contacting any User or use any of the User’s information provided for you other than the purpose of providing the logistics/delivery Service which is required of you.
The traveller collecting the package from a package sender to deliver on their next stop is responsible for checking package content before accepting it. The traveller will be responsible if authorities find out that what they are transporting is an illegal item or is not allowed in the country they are entering. Travellers have to make sure they thoroughly investigated what they are accepting. [Gloobenoon Services Inc]] is not responsible for any issues concerning the illegality of packages. In the app [Gloobenoon Services Inc] offers minimal insurance coverage, it is optional, if the package sender accepts the small Insurance coverage and selected the check mark, It means package sender will insure the package. Coverage has a cap, even if the item package sender is trying to courier is worth more, we can only send that stated amount or percentage. And that is only if sender opts in for the coverage. This is a protection for uncontrollable circumstances, theft, damage, or other causes like an accident. Usually, such an incident will be investigated by the insurance company before approval for payout. Most importantly, the payment is the minimal and flat amount for all, just a small fraction, and it will be a flat amount depending on the region.
YOUR RELATIONSHIP WITH [COMPANY NAME] [TRAVELLERS]
You acknowledge and consent that [Gloobenoon Services Inc]’s provision of the Services establishes a direct, legal, and business relationship between [Gloobenoon Services Inc] and you. Furthermore, you acknowledge and accept that [Gloobenoon Services Inc]’s license to you for the use of the App installs a legal and business relationship between you and [Gloobenoon Services Inc].
Traveller sender acknowledges and accepts that after any courier Services, package sender will be notified by the [New Postman] App to rate traveller and the courier/logistic Services the traveller has provided accordingly and vice versa. The rating includes general comments, remarks, comments, and feedback, which, in connection with the rating, package sender consent to provide in good faith. [Gloobenoon Services Inc] and our subsidiaries retain the right to use, display, and share your both users’ ratings in such any manner with the business of [Gloobenoon Services Inc] and our subsidiaries without any reference to you or without seeking approval from you. You acknowledge and consent that [Gloobenoon Services Inc] and our subsidiaries are distributors (without any responsibility of verifying) and not publishers of your ratings, and may remove or delete ratings in the event that such ratings include objectionable or obscene content, include a person’s name or identity, or breach any privacy provisions or relevant laws or our content policies. There is no imposition on you or the User to provide ratings, nor is there any negative effect for not submitting a rating.
Depending on these Terms and Conditions, [Gloobenoon Services Inc] hereby grants you a non-exclusive, royalty-free, non-sub licensable, non-transferable, non-assignable license, in these Terms and Conditions, to use the App in connection with the provision of the [ Gloobenoon Services Inc] Services exclusively for the provision of courier/logistics Services between Users. [Gloobenoon Services Inc] and our subsidiaries and their designated licensors retain all rights not expressly permitted in these Terms and Conditions. The App and all information connected to the access and use of the Services (inclusive of the Intellectual Property Rights in all the sections above) are and remain the exclusive property of [Gloobenoon Services Inc], our subsidiaries and their designated licensors. You shall not misuse the [Gloobenoon Services Inc] Services or the App. You shall not use any of the [Gloobenoon Services Inc]’ logos, names, or marks for any commercial purpose unless where [Gloobenoon Services Inc] grants express permission. You shall not attempt to register, use, or claim proprietorship over any of [Gloobenoon Services Inc]’ or its subsidiaries’ logos, names, or mark. Hence, you shall not modify, alter, copy, sell, lease or distribute any aspect of the App, the [Gloobenoon Services Inc] Services or any related information, neither shall you attempt to extract the source code, decompile or reverse engineer the [New Postman] software, unless where permitted by the law.
These Terms and Conditions and other information sent by [Gloobenoon Services Inc] to you, which we referred to as confidential or which you should have considered and treated as such, should be handled and treated appropriately, in the highest possible regard.
You consent to defend, indemnify and hold harmless [Gloobenoon Services Inc] and its subsidiaries and their respective agents and representatives, employees and associates from and against any expenses, liabilities (inclusive of reasonable attorney’s fees and legal fees), penalties, damages, fines, claims, social security contributions and taxes arising as a result of:
- the violations of your warranties, representations or obligations under these Terms and Conditions; or
- a third-party claim (including Users, government agencies and regulators) directly or indirectly connected to your provision of the logistics/courier Services or the use of the [Gloobenoon Services Inc] Services.
Your liability under this indemnity clause shall be limited to considerably if, and to the extent that [Company Name] directly contributed or caused any such losses.
WARRANTIES AND REPRESENTATIONS
You at this moment warrant and represent that:
- you have sufficient power and authority to be bound by these Terms and Conditions and perform all necessary obligations therein;
- you have not previously entered into, and will not enter into any contractual agreement that will avert you from abiding by these Terms; and
- you will fulfill all applicable laws in your observation of these Terms and Conditions, including preserving and complying with all licenses, permits, documentation and other required governmental authorizations in your region generally.
The disclaimer is applicable to the fullest extent permitted by the applicable law, and does not (neither does it intend to) override or cancel any rights that you possess, subject to the relevant legislation. [Gloobenoon Services Inc], its subsidiaries (as necessary) provides, and you approve and accept that the [Gloobenoon Services Inc] Services and the App is provided on an “as is” and ‘as available” basis, with no warranties or representations whatsoever. We do not guarantee that the [Gloobenoon Services Inc] Services or the App will be uninterrupted, error-free, or will lead to requests for Logistics Services. We and our subsidiaries functions as on-demand lead generation and related service providers. To this end, [ Gloobenoon Services Inc] and its subsidiaries make no warranties, representations or guarantees regarding the actions or inactions of the package sender who may request or receive logistics/courier Services from travellers. [Gloobenoon Services Inc] and its subsidiaries do not verify or otherwise respective screen Users. Nevertheless, the appointment of [Gloobenoon Services Inc] is the limited payment collector for you or on your behalf as defined in these Terms and Conditions, [Gloobenoon Services Inc] and its subsidiaries exclusively disclaim all liabilities for any actions or omissions of you, any User or third party.
NO SERVICE ASSURED
This section is applicable to the fullest extent permitted by the applicable law and does not (intend to) cancel or override any rights that you possess in pursuance to the applicable law [Gloobenoon Services Inc] does not guarantee the constant availability of the Services and the [New Postman] App. They may be unavailable at any time and for any reason (as a result of network failure or scheduled maintenance). In addition, the Services and the [New Postman] App may be subject to limitations, restrictions, delays, technical issues and other problems that cannot be avoided due to the use of the internet and the electronic communications’ system. [Gloobenoon Services Inc] and its subsidiaries are not to be held responsible for any delivery failures, delays, or other associated damages, losses, or liabilities resulting from such issues.
This section is applicable to the fullest extent permitted by the applicable law and does not (intend to) cancel or override any rights that you possess in pursuance to the applicable law. [Gloobenoon Services Inc] shall not be responsible in connection to these Terms for any of the following, whether based on tort, contract or otherwise, even if a party has been warned of the likely occurrence of such damages:
- any punitive, incidental, exemplary, special, consequential, or other indirect damages of any kind or type; or
- you or any third party’s loss or property damage, loss of data or data inaccuracy, loss of business, profits, revenue, use or other financial or economic advantage.
Except for [Gloobenoon Services Inc] to remit amounts owed to you as defined in the “Service Charge” section, but depending on any relevant limitations or other stipulations contained in these terms and Conditions, under no circumstance shall the liability of [Gloobenoon Services Inc] or its subsidiaries in pursuant of these Terms and Conditions beyond the amount of Service Charge actually paid to or accrued to [Gloobenoon Services Inc] in the prior six months before the occurrence of the event leading to such claim. You approve and accept that all claims (disputes) that may have against [Gloobenoon Services Inc] and its subsidiaries shall be directed to [Gloobenoon Services Inc] within one year after the occurrence of the event that led to such dispute and that you abandon or forfeit all rights connected to that dispute if you fail to do so.
This liability limitation is applicable only to the fullest extent permitted by the law.
You at this moment approve and accept that, by using the Services, downloading and installing the App, you consent to any future amendments or alterations of these Terms and Conditions, documents incorporated herein or information references and hyperlinks. Your further usage of the App after such amendments and alterations shall be interpreted as your acceptance of such changes. The invalidity of a section of these Terms and Conditions will not affect the remaining sections or clauses. [Gloobenoon Services Inc] may transfer or assign these Terms, any or all their rights hereunder, wholly or partially, without your prior notification and consent (you may not, however, as the Terms needs to remain with you). If such is the case, you have the right to terminate this contract agreement immediately, as you deem it necessary and without any prior notice. [Gloobenoon Services Inc] may sublet its obligations and rights under these Terms. These Terms and Conditions, including all additional terms, and recitals constitute the entire agreement of the parties with respect to its subject matter, and as such, it supersedes and replaces all contemporaneous or previous agreements or understandings on this subject matter. In this document, “include” and “including” represents “including, but not limited to.”
[Gloobenoon Services Inc] reserves the exclusive right to modify and edit these Terms and Conditions at any convenient time, at its discretion. The “Modified Terms” will become effective upon posting or publishing on the Site (or online portal). [Gloobenoon Services Inc] retains the right to modify or change any information or policies referenced through hyperlinks from these Terms and Conditions periodically. We will provide for you at least 14-days’ notice in the event of a material change to any section of this document, provided that in such case, you have the right to cancel the Contract immediately upon your receipt of the notification from [Gloobenoon Services Inc]. You at this moment understand and accept that, by using the Services or the [New Postman] App, you agree to any future modifications and updates to these Terms and Conditions, documents herein incorporated or information referenced here at hyperlinks (including the Service Charge). Your further usage of the Services and/or the [New Postman] App after such modifications shall be interpreted as your acceptance of such modifications.
Additional terms may apply to your use of the [Gloobenoon Services Inc] Services (such as use policies, related to certain functionalities or features) which may be edited frequently- “Additional Terms.” You may be given certain Additional Terms frequently. The Additional Terms are supplementary to and shall be considered to be a part of these Terms and Conditions. [Gloobenoon Services Inc] will provide you with at least 14 days’ notice if we include Additional Terms in such a way that will be considered to materially affect your rights and obligations under these Terms, provided that in such occurrence you have the sole right to terminate or cancel the Contract after you receive the notification from [Gloobenoon Services Inc]. The Additional Terms shall supersede and prevail over these Terms and Conditions to avoid any conflict.
NO THIRD-PARTY BENEFICIARIES
You understand and accept that there is no designation for third-party beneficiaries to these Terms and Conditions except for [Gloobenoon Services Inc] and its subsidiaries. No section or clause contained in these Terms and Conditions shall be construed to create any third-party beneficiary claims apart from [Company Name] and its subsidiaries.
NOTIFICATIONS AND UPDATES
Any notifications served to you by [Company Name] under these Terms and Conditions will be delivered via email to the email address you link with your account or by posting such notification on the [New Postman] App or the online portal that is accessible to you via the Services.
Any notification served by you to [Gloobenoon Services Inc] under these Terms must be delivered through the customer support department of [Gloobenoon Services Inc]. Region-specific notifications may be sent to you as necessary.
Unless as otherwise detailed in herein, these Terms and Conditions shall be explicitly governed, managed, and interpreted in compliance with the Canadian Laws, excluding its conflict of the law.
By indicating your consent and approval via clicking yes, or signing the dotted lines below (as may be required by a relevant law), you exclusively acknowledge and accept that you have painstakingly read, reasonably understood, and taken appropriate steps to consider the consequences of this Contract, that you consent to be bound by these Terms and Conditions, and that you are legally eligible to enter into this Contract with [Gloobenoon Services Inc].
Your use of the [New Postman] App by [Gloobenoon Services Inc] Services warrants that you trust your information with us. We are dedicated to keeping that trust. The first step to gaining your total confidence is ensuring that you understand our privacy practices.
- Travellers: Users who render or provides delivery Services independently or through a partnership courier company.
- Package sender: Users who request for logistic or delivery Services from travellers
[Gloobenoon Services Inc] shall be the data handler and controller. Comments, questions, and inquiries about [Company Name] information practices can be submitted through [firstname.lastname@example.org]. Personal Information is processed anywhere [New Postman] is operating its head office.
[Gloobenoon Services Inc] or our designated representative shall collect the under listed information:
Information provided by you: This may include;
- User Profile: We collect information about you when you create, register, or update your [New Postman] account. This will include personal information such as name, phone number, birth date, email address, login details (username and password), transaction information (e.g. PayPal and others), government identification number (or social security number), passport (if required by law), photo and signature (physically or electronically). We also require your preferences and the settings you enable for your [Gloobenoon Services Inc] profile.
- Background verification information: We may request for background verification information if you create an account to use our Services as a traveller. This information ranges from your driver history to criminal record (as applicable by law). We may ask our designated representative to collect this information on our behalf.
- Demographic Information: We may collect demographic information from you. We collect such information through User surveys. In some countries where the practice is acceptable, we may receive information from third parties.
The information you provide while using our Services
This may include:
- Location Information: Subject to the [Gloobenoon Services Inc] Services that you use, and the [New Postman] App settings and device permissions, we may collect your approximate or precise location information as determined through GPS data, IP Address and Wi-Fi.
- Transaction Information
We collect transaction information related to your use of the [Gloobenoon Services Inc] Services. This includes the type of services you rendered or provided, the details of your delivery, the date and time which the Service was rendered or provided, the Service Charge, distance covered, and payment channel used.
- Usage Information
- Device Information
We may collect information about your devices- the devices you use to access our Services. This information includes; device IP address, device hardware model, operating system and version, unique device identifiers, software, device motion information, and mobile network and data services information.