Last Updated: 1st of June 2023
1. Acceptance of Terms
By accessing or using the services provided by Alvargo ("we," "us," or "our"), including but not limited to our website, mobile app, and delivery services, you agree to be bound by these Terms and Conditions of Service ("Terms"). If you do not agree to these Terms, please refrain from using our services.
2. Description of Services
2.1. Alvargo provides an on-demand delivery platform connecting individuals and businesses with drivers for the delivery of goods. Our services include, but are not limited to, facilitating the booking of deliveries, tracking deliveries in real-time, and providing payment processing for delivery fees.
3. User Accounts
3.1. To use certain features of our services, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and current.
3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account.
4. Account Deletion
4.1. You have the right to request the deletion of your Alvargo account at any time. To initiate the account deletion process, you can do so in your account settings in the Alvargo App or if you are a registered Driver, you can also delete your account in the Alvargo Trucker App or alternatively, please contact us at support@alvargo.us
5. Payments and Fees
5.1. User Payments
5.1.1. Service Fees: When you use Alvargo's delivery services, you agree to pay the fees associated with your selected delivery option. These fees are based on factors such as the distance, size of the delivery, and any additional services requested.
5.1.2. Payment Authorization: By providing your payment information, you authorize Alvargo to charge your selected payment method for the total amount of your delivery fees, including any applicable taxes and surcharges.
5.1.3. Payment Processing: Alvargo utilizes secure payment processing systems to handle your transactions. We are committed to safeguarding your payment information and ensuring the security of your financial data.
5.1.4. Payment Disputes: If you believe there is an error in any payment charged to your account, please contact our customer support team promptly at dispute@alvargo.us . We will investigate and address payment disputes in accordance with our Dispute Resolution Policy.
5.2. Driver Earning Payments
5.2.1. Earnings Calculation: Alvargo drivers earn payments for completed deliveries. The calculation of driver earnings includes the base delivery fee, distance-based rates, additional service fees, and any applicable bonuses or incentives.
5.2.2. Payment Schedule: Driver earnings are typically processed and paid out according to our standard payment schedule, as detailed in Alvargo's Driver Payment Policy.
5.2.3. Payment Methods: Drivers may select their preferred payment method for receiving earnings, which may include bank transfers, digital wallets, or other approved methods.
5.2.4. Earnings Transparency: Alvargo is committed to providing transparent earnings breakdowns to drivers, detailing how each payment is calculated and any applicable deductions.
5.2.5. Earnings Disputes: In the event of a dispute regarding driver earnings, drivers should contact Alvargo's support team at support@alvargo.us. We will promptly investigate and resolve earnings disputes following our Dispute Resolution Policy.
6. Refund Policy
6.1. General Refund Policy
6.1.1. Refund Eligibility: Alvargo is committed to providing a fair and transparent refund process. Refunds are generally considered in the following situations:
a. Service Failure: If a delivery is not completed due to a failure on our part, such as a driver no-show or technical issues with our platform, you may be eligible for a refund of the delivery fee.
b. Cancellation: If you cancel a delivery within the allowable cancellation window, as outlined in our Cancellation Policy, you may be eligible for a refund of the applicable fees.
c. Damaged or Incorrect Deliveries: If you receive damaged goods or an incorrect delivery as a result of a driver's actions or our platform's error, you may be eligible for a refund or replacement, as detailed in our Damaged Goods Policy and Incorrect Deliveries Policy.
6.1.2. Refund Request Process: To request a refund, please follow the steps outlined in our Refund Request Procedure, available on our website and app. Typically, this involves providing information about the order, explaining the reason for the refund request, and providing any necessary supporting documentation or images.
6.1.3. Refund Processing Time: Refund requests are processed promptly, and we strive to issue refunds within a reasonable timeframe. The exact processing time may vary depending on the nature of the refund and your payment provider. You will be notified of the refund status via email.
6.2. Driver Earnings Refund Policy
6.2.1. Driver Earnings Refunds: In certain cases where a driver has received earnings for a completed delivery, Alvargo reserves the right to reverse or refund these earnings as outlined in our Driver Earnings Refund Policy. Such cases may include disputes, chargebacks, or fraudulent activities.
6.2.2. Driver Earnings Dispute Resolution: Drivers have the right to dispute any deductions or reversals of their earnings. Alvargo follows a comprehensive Driver Earnings Dispute Resolution Procedure to ensure a fair and transparent process for resolving earnings-related issues.
6.3. Refund Exceptions
6.3.1. Non-Eligible Refunds: Refunds may not be provided in the following situations:
a. User Error: If a delivery is unsuccessful due to incorrect information provided by the user, such as an incorrect delivery address, refunds may not be applicable.
b. Violation of Terms: If a refund request is associated with a violation of our Terms and Conditions, such as fraudulent activity, the request may not be honored.
6.3.2. Driver Earnings Adjustments: Alvargo reserves the right to make adjustments to driver earnings in cases where the driver has violated our policies or terms of service. Such adjustments may include withholding or reversing earnings.
7. Privacy and Data Collection
7.1. Our Privacy Policy, available on our website, explains how we collect, use, and share your personal information. By using our services, you consent to our collection and use of your personal information as outlined in the Privacy Policy.
8. Complaint Handling Policy
8.1. We are committed to addressing your complaints promptly and fairly. If you have a complaint, please contact our customer support team at support@alvargo.us, and we will work diligently to resolve your issue.
9. Delivery Policy
9.1. Delivery Services Overview
9.1.1. Service Scope: Alvargo offers a range of delivery services to meet the needs of our customers. These services may include but are not limited to the delivery of goods, packages, and bulky items. The specific services available may vary by location.
9.1.2. Delivery Scheduling: Users can schedule deliveries through our platform, specifying the desired delivery date and time. Alvargo will make reasonable efforts to accommodate these scheduling preferences, subject to driver availability.
9.2. Delivery Process
9.2.1. Order Confirmation: Upon successfully placing a delivery order, users will receive an order confirmation containing essential details, including the order ID, estimated delivery time, and a summary of the delivery request.
9.2.2. Real-Time Tracking: Alvargo provides real-time tracking features, allowing users to monitor the progress of their delivery. This feature enables users to stay informed about the estimated arrival time of their goods.
9.2.3. Driver Communication: Users may communicate with the assigned driver through our platform for any necessary clarifications or additional instructions related to the delivery.
9.3. Delivery Fees and Calculations
9.3.1. Fees Structure: The cost of a delivery is determined based on several factors, including the distance between the pickup and drop-off locations, the size and weight of the items, and any additional services requested by the user.
9.3.2. Price Estimates: Alvargo provides users with price estimates for deliveries before confirming their orders. These estimates are based on the information provided by the user and are subject to change if there are variations in the delivery conditions.
9.4. Delivery Completion
9.4.1. Proof of Delivery: Our drivers are required to confirm the completion of a delivery through our platform, including providing proof of delivery such as photographs or digital signatures when applicable.
9.4.2. User Confirmation: Upon successful delivery, users are encouraged to confirm the receipt of their goods through the Alvargo platform. This confirmation helps maintain the integrity of our delivery process.
9.5. Delivery Exceptions
9.5.1. Delivery Failures: In cases where a delivery cannot be completed successfully due to unforeseen circumstances, such as incorrect delivery address, unavailability of the recipient, or force majeure events, Alvargo will make reasonable efforts to resolve the situation in accordance with our Delivery Failure Procedure.
9.5.2. Driver Behavior: Alvargo expects drivers to adhere to our Code of Conduct and maintain professionalism during deliveries. Users are encouraged to report any concerns about driver behavior or conduct to our customer support team.
9.6. Delivery Policies and Procedures
9.6.1. Additional Policies: Alvargo has established a set of additional policies and procedures related to deliveries, including but not limited to our Cancellation Policy, Rescheduling Policy, and Delivery Failure Procedure. These policies are designed to ensure a smooth and reliable delivery experience for our users.
9.6.2. Accessing Additional Policies: Users are encouraged to familiarize themselves with these additional policies, which are available on our website and app, to better understand our delivery process and their rights and responsibilities.
10. Damaged Goods Policy
10.1. Overview
10.1.1. Goods Condition: Alvargo is committed to ensuring that goods are delivered in their intended condition, free from damage or loss during transportation.
10.1.2. User Responsibility: Users are responsible for inspecting the condition of their goods upon delivery and reporting any damage or discrepancies promptly.
10.2. Reporting Damaged Goods
10.2.1. Immediate Reporting: In the event that a user receives goods in a damaged or unsatisfactory condition, they must report the issue immediately through our platform. Delayed reporting may affect the ability to process a claim.
10.2.2. Providing Evidence: Users are encouraged to provide supporting evidence of the damage, such as clear photographs, descriptions of the damage, and any other relevant information that can aid in the investigation.
10.3. Evaluation and Resolution
10.3.1. Investigation: Upon receiving a report of damaged goods, Alvargo will conduct a thorough investigation to assess the extent and cause of the damage. This may involve communication with the user and the driver involved in the delivery.
10.3.2. Resolution Options: Depending on the findings of the investigation, Alvargo will determine the appropriate resolution, which may include:
a. Replacement: If feasible, damaged goods may be replaced with new, undamaged items of the same type and quantity.
b. Repair: In cases where goods can be repaired to their original condition, we may arrange for the repair of the damaged items.
c. Refund: Users may be eligible for a refund of the delivery fees and the cost of the damaged goods, as determined by our evaluation.
d. Compensation: In some situations, Alvargo may offer compensation or credits toward future deliveries as a resolution.
10.3.3. Timely Resolution: Alvargo is committed to resolving issues related to damaged goods as promptly as possible. The timeline for resolution may vary depending on the complexity of the case but will be communicated to the user.
10.4. User Cooperation
10.4.1. User Assistance: Users are expected to cooperate with Alvargo's investigation by providing accurate information and evidence related to the damaged goods. Failure to cooperate may affect the ability to process a claim.
10.5. Driver Responsibility
10.5.1. Driver Conduct: Alvargo drivers are expected to handle goods with care and professionalism. Drivers should take all necessary precautions to prevent damage to goods during transportation.
10.5.2. Driver Accountability: In cases where the investigation determines that damage occurred due to driver negligence or misconduct, appropriate actions will be taken, which may include disciplinary measures.
10.6. Additional Policies
10.6.1. Related Policies: The Damaged Goods Policy is closely linked to our Delivery Policy and Refund Policy. Users are encouraged to review these policies for a comprehensive understanding of our procedures related to deliveries and refunds in cases of damaged goods.
11. Intellectual Property
11.1. All content and materials on our website and app are owned or licensed by Alvargo and are protected by intellectual property laws. You may not use, reproduce, or distribute any content from our services without our written consent.
12. Termination of Services
12.1. We reserve the right to terminate or suspend your access to our services at our discretion, with or without cause, and without notice.
13. Governing Law and Jurisdiction
13.1. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, USA. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware.
14. Changes to Terms
14.1. We reserve the right to modify or revise these Terms at any time. We will notify users of any material changes to these Terms by posting a notice on our website or app. Your continued use of our services after such modifications will constitute your acknowledgment of the modified Terms and your agreement to abide by them.
15. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at support@alvargo.us
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Last updated May 16, 2023
The Alvargo platform and it’s Web and Mobile Applications are licensed to You (End-User) by Alvargo LLC., located at 190 Fort Wade Rd, Ponte Vedra Beach, FL 32081, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore and Google Play, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and/or Google Play is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Alvargo Inc., not Apple or Google Play, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Alvargo Inc. acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
Alvargo (hereinafter: Application) is a piece of software that is an On-Demand Delivery platform - and customized for Apple and Android mobile devices. It is used to connect Shippers to drivers to deliver Shipper’s Goods from point A to B by a push of a button.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded or Google Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Alvargo Inc.'s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Alvargo Inc.'s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store or Google Play Overview for this licensed Application.
4.2 Alvargo Inc. and the End-User acknowledge that Apple and or Google Play has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://alvargo.com/privacy .
6. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Alvargo Inc.'s sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify Alvargo Inc. about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Application is defective, Alvargo LLC reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur or business, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Alvargo Inc. and the End-User acknowledge that Alvargo Inc., and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Alvargo LLC
90 Fort Wade Rd, Ponte Vedra Beach, FL 32081, USA,
13. TERMINATION
The license is valid until terminated by Alvargo LLC or by You. Your rights under this license will terminate automatically and without notice from Alvargo Inc. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Alvargo Inc. represents and warrants that Alvargo Inc. will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Alvargo Inc. and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Alvargo Inc., and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of the State of Delaware excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.