1. Definitions

1.1 Deliveree refers to Deliveree (Thailand) Co., Ltd., a company incorporated under the law of Thailand with an office at the below address.

555/62-63 SSP Tower 1, 22nd Floor,
Sukhumvit Soi 63 (Ekamai)
Khlong Tan Nuea, Wattana
Bangkok 10110, Thailand

1.2 Driver refers to a driver who has agreed with Deliveree to accept delivery bookings from a User by means of the Services

1.3 Goods refers to any item, container, parcel, or package either singularly or in plural that is transported by means of the Services

1.4 Indirect Loss or Damage refers to any loss or damage to any properties or rights of any person or any injury or harm to body or health of any person which are indirectly caused by delayed or unsuccessful delivery of the Goods

1.5 Ordinary Transport Fare refers to delivery fee specified by the Software which the User shall pay to the Driver and the Driver shall collect from the User for delivery of Goods. Ordinary Transport Fare cannot be overruled or arbitrarily changed by the User and/or Driver.

1.6 Service or Services refers to the operations of Deliveree whereby, through the Software, the User makes a booking for delivery of Goods and the Driver accepts a booking from a User, and any other operations or activities of Deliveree which match User’s delivery booking with Driver and facilitate delivery of Goods, such as providing information on location of pick-up and drop-off points, contact information of User and Driver, and any information relating to the delivery, but do not include any actual activity of delivering Goods

1.7 Software refers to Deliveree’s technologies, website, and/or applications

1.8 Terms and Conditions refers to these Terms and Conditions in their entirety, which are applied to the Services, as set out on “www.deliveree.com” and any amendments thereof made from time to time by Deliveree and published on its website

1.9 User refers to any person, juristic person or representative of such person or juristic person who accesses, downloads, register, or utilizes the Software to make a booking for delivery of Goods by means of the Services.

2. User’s Obligations

2.1 The User warrants and guarantees that he/she is the true owner of the Goods or an agent of the true owner of the Goods and is authorized to accept these Terms and Conditions for himself and as agent on behalf of the owner of the Goods.

2.2 The User shall ensure that the Goods are adequately prepared and secured to withstand the reasonable duress of ordinary transportation conditions such as physical loading, physical carrying, motorized transport, and physical unloading. The User shall seal any contents with extra care to avoid breakage, tearing, leakage, spilling, shrinkage, and/or any other nature of loss.

2.3 Before the delivery commences, the user shall inform the Driver of any specific precaution which should be applied to the handling of the Goods in accordance with their nature.

2.4 The User warranties that, when using the Services and delivering the Goods, he is complying with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Goods. User warranties that the Goods are not in any manner or condition prohibited by law, dangerous or hazardous, highly perishable, and/or radioactive.

2.5 The User assumes full responsibility and liability for loss or damage suffered by the Driver or any third party as a result of any breach of the above Terms & Conditions.

3. User’s Prohibition

3.1 User shall, by no means, use the Services or Software to commit, cause, induce, promote, or support any illegal acts or violate any legal rights or privacy of any person including tracking, stalking, and harassing any person.

3.2 User shall not use the Services or Software to produce or disseminate advertisements, spam, or any kind of messages which may cause nuisance to any parties.

3.3 User shall not take any action that may cause delay, damage, or destruction of the operation of the Services or Software or the servers and network that are linked to the Software.

3.4 User shall make no attempts to undermine, impair, or damage Deliveree’s Service or business, for example, attempting to circumvent the Service or Software by contacting the Driver directly, discouraging the Driver to use the Service or Software, failing to show up at the pickup point, or failing to prepare the goods for pickup on the date or time specified by the user. Deliveree reserves the full right to make its own determination of which action shall be recognized as such detrimental act.

3.5 User shall not commit any misrepresentation in the use of the Services or Software including act of using the Services or Software in the name of another person. User shall also refrain from using the Software stored on other person’s device without permission.

4. User’s Personal Data

4.1 Users confirms that the personal data provided by him/her are true and up to date.

4.2 User agrees to allow Deliveree use of his/her personal data (including but not limited to name, contact number, email, and address) and transfer such data to the Driver for the purpose of providing the Services. User also grants Deliveree the freedom to compile, collect, store, and update his/her personal data to such extent, for and at such time period as may be necessary during the time Deliveree provides the Services.

4.3 User agrees and acknowledges that Deliveree’s compilation, collection, storage, use and transfer of his/her personal data is subject to Deliveree’s Privacy and Personal Data Collection Policy (the “Privacy Policy”) as posted and periodically updated on Deliveree’s website. User also acknowledges that he/she has read and understood the Privacy Policy before agreeing to the Terms and Conditions.

5. Driver’s Obligations

5.1 Driver shall make reasonable efforts under the circumstances to deliver the Goods according to the estimated time frame and schedule although it is noted that these estimates time frames are estimates and may not accurately factor in extraneous conditions such as accidents, traffic, weather, power outages, civic or civil disruptions.

5.2. Driver shall, under the circumstances occurred during the process of delivery, take all reasonable precautions to prevent any loss or damage of the Goods beyond the wear and tear of ordinary transportation conditions or any unauthorized or illegal access to the Goods attempted by any parties.

6. Driver’s Limited Liability

6.1 Driver shall not be liable for any loss or damage resulting from delays in delivering the Goods.

6.2 Drivers shall not be liable for any loss or damage of the Goods which arises from or is in relation to the following act, failure, or circumstances:

6.2.1 The User’s failure to perform its obligation under clauses 2.3 or 2.3 or comply with its obligation under clause 2.4 of the User’s Terms and Conditions;

6.2.2 The Driver’s failure to perform any of his obligations as a consequence of circumstances outside his control; or

6.2.3 Any acts, with intent or negligence, or omissions of any party other than the Driver.

6.3 Under any circumstances, Driver shall not be held liable for any Indirect Loss or Damage.

6.4 Driver shall have no authorization to open and inspect the Goods and hence bear no responsibility for the legality of the Goods or their compliance with any laws or regulations.

7. Fees

7.1. Delivery charges will be applied according to the Ordinary Transport Fare. The Ordinary Transport Fare accounts for the transportation of Goods with a specified maximum weight, size, quantity of the Goods to be transported, and any other requirements of the User. The Ordinary Transport Fare will be quoted based on the information and requirements provided by the User by means of the Services.

7.2. The User is obligated to pay the Driver the Ordinary Transport Fare in cash immediately when due, unless otherwise specifically agreed between the User and the Driver or the User uses any discount promotions to obtain the Services.

7.3 In the event that the User wishes to cancel the delivery after the Driver has arrived at the pickup point or the Driver has arrived at the pickup point prior to the actual time the User intended for the delivery to commence due to the fault of the User, such as providing incorrect time for pick up or the Goods are not ready for delivery, and under the circumstances, it is not feasible for the Driver to stay at the pickup point until the time of delivery commencement, the User shall be obliged to pay the following parts of the Ordinary Transport Fare: (1) 30% of the standard transportation fare which is calculated in accordance with the distance of delivery; and (2) 100% of the fee for extra helper for Goods loading and unloading, should such optional service was also requested. The User shall not be required to pay, wholly or partially, the fees for any other optional services requested.

8. Referral Bonus

8.1 Deliveree may, from time to time, offer referral bonus to the User who refers new User to use Deliveree Services.

8.2 The User’s entitlement to receive referral bonus and the payment of such bonus by Deliveree shall be subject to the conditions set forth in the Referral Policy. This policy forms part of the Terms and Conditions and by accepting these Terms and Conditions, the User also accepts and agrees to the referral policy.

8.3 While Deliveree will use its best effort to inform the User of any updates regarding the referral bonus, Deliveree reserves the right to commence or cease the referral bonus arrangement or amend the referral policy at any time as Deliveree deems appropriate.

9. Promotions

9.1 Deliveree will, from time to time, introduce promotions which shall be subject to prevailing regulatory requirements. Deliveree reserve the right to amend or withdraw any promotions at its sole discretion without prior notice.

10. Deliveree Disclaimer

10.1 Deliveree and its Services, including but not limited to its Services, Software, and customer service are provided to the User on an “as is” basis.

10.2 Deliveree provides no warranty, assurance, or promise that its Services, Software, or customer service will work as intended on User’s phone, computer, tablet or other device.

10.3 Deliveree does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the Services, Software, or the Drivers.

10.4 Deliveree is not liable for any losses, damages, claims, or costs including any consequential, indirect, or incidental losses or damages to the User’s mobile device or any applications stored therein as a result of installation or use of Deliveree’s Software.

10.5 Deliveree is not liable for any losses or damages, including but not limited to any injury which the User or any person may suffer, any damage to property, including the Goods, owned by or in possession of the User or any parties, or any Indirect Loss and Damage, resulting from the Services, matters relating to Drivers, or the process of transporting the Goods. Any movement of the Goods involving a User and a Driver is a direct contract for hire between those parties to which Deliveree is not a party.

10.6 Without prejudice to Deliveree’s disclaimers and limitation of liability and Deliveree’s rights set forth in this User’s Terms and Conditions, Deliveree may, at its own discretion, offer a compensation to the User for any loss or damage to the Goods which occur during the time of Transportation. The compensation for any loss or damage to the Goods shall be equivalent to the market value of the Goods lost or damaged but shall not exceed THB 2,000 per delivery. Deliveree reserves the right to make its own determination of the market value of the Goods. In the event that the User claims for this compensation, the User agrees to comply with the claim procedure that Deliveree may inform the User at the time of each claim and provide full cooperation to Deliveree in investigating the cause and/or extent of the loss or damage of the Goods. The failure to comply with such procedure or provide full cooperation may result in Deliveree’s rejection of the claim.

10.7 In providing the Services, Deliveree does not act as an agent or representative for any User or Driver and is not a party to the contract for hire between a User and a Driver.

10.8 Deliveree reserves the right to suspend or terminate any engagement with the User or User’s account created in order to use the Services or Software should Deliveree believes that the User violates any Terms and Conditions.

11. Miscellaneous

11.1 Deliveree may amend these Terms and Conditions from time to time and it reserves the right to do so without prior notice. Any amendments of the Terms and Conditions shall be posted on Deliveree’s Software.

11.2 Deliveree may send any information regarding the Service or promotion to the User in the form of electronic messages which include, but not limited to, e-mail, SMS, automatic telephone message, or push notification on Software. The User permits Deliveree to send these electronic messages to the User via the contact channels provided to Deliveree by the User at the time of registering its account.

11.3 The User accepts fully and unconditionally the current form of the Terms and Conditions as represented on Deliveree’s website at each use of the Services.

11.4 These Terms and Conditions shall be governed by the laws of the Kingdom of Thailand and the User submits to the jurisdiction of the competent courts of the Kingdom.