Terms and Conditions
Effective: January 1, 2021
Acceptance of this Agreement
SeimDei Courier Corp (“SeimDei”) provides a food delivery service using web-based technology that connects restaurants and/or other businesses and independent delivery contractors (“Contract Drivers”). SeimDei's technology platform permits restaurants or businesses to place orders and/or other goods for delivery. Once a delivery request is made, the delivery Software notifies Contract Drivers that a delivery opportunity is available, and the Software facilitates completion of the pickup, delivery, and food set up to the consumer.
If you access our website located at http://seimdei.com/delivery, install or use any other software supplied by SeimDei, or service available or enabled by SeimDei, or complete the SeimDei "Restaurant Register" registration process, you and your staff members (collectively, “you” or “your”) hereby represent and warrant that:
(a) you have read, understand, and agree to be bound by this Agreement.
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with SeimDei; and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization (restaurant) on whose behalf you have created an account and to bind such organization to the Agreement.
The terms “User” and “Users” refer to all individuals and other persons who access or use the services, including, without limitation, any organizations that register accounts or otherwise access or use the services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the services.
SeimDei reserves the right to modify the terms and conditions of this Agreement or its policies relating to the software or services at any time, effective upon posting of an updated version of this Agreement through the services. You should regularly review this Agreement, as your continued use of the services after any such changes constitutes your agreement to such changes.
Rules and Prohibitions
Without limiting other rules and prohibitions in this Agreement, by using the services, you agree that:
a) You will only access the Services using means explicitly authorized by SeimDei.
b) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
c) You will keep secure and confidential your account password or any login credentials we provide you which allows access to the Services.
d) You will use the Dispatch platform only for your restaurant or business.
e) You will not use the Dispatch platform in any way that could damage, disable, overburden or impair any SeimDei server, or the networks connected to any SeimDei server.
f) You will not attempt to gain unauthorized access to the Dispatch platform and/or to any account, resource, computer system, and/or network connected to any SeimDei server.
g) You will not deep link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites.
h) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the services.
i) You will not attempt to undertake any of the foregoing.
In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.
Contractors and Restaurants Are Independent
You understand and agree that SeimDei provides a technology platform connecting you with independent delivery contractors who provide pickup, delivery and food set up services. You acknowledge and agree that SeimDei does not itself prepare food and has no responsibility or liability for the acts or omissions of any restaurant or any Contract Driver. Restaurant is the retailer; the services offered by SeimDei pursuant to this Agreement do not include any retail services or any food preparation services. SeimDei provides a technology platform facilitating the transportation of orders by Contract Drivers. SeimDei will not assess or guarantee the suitability, legality or ability of any Contract Driver. You agree that SeimDei is not responsible for the food preparation by the restaurant or the safety of the food delivered by the Contract Driver and does not verify restaurant’s compliance with applicable laws or regulations. You agree that the Contract Driver will be directed by your and/or customer instructions to transport the items to the delivery location.
You are required to register for an account to use our services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Dispatch platform. You are solely and fully responsible for all activities that occur under your password or account. Should you suspect that any unauthorized party may be using your password or account, you will notify SeimDei immediately. If you provide any information that is untrue, inaccurate, not current, or incomplete, or SeimDei has suspicions that such information is untrue, inaccurate, not current, or incomplete, SeimDei has the right to suspend or terminate your account and refuse any and all current or future use of the services. We may enable or require you to use a single pair of login credentials to use SeimDei delivery services.
Change your personal settings
The site gives registered users with established accounts the option to modify personal information, store names and pick-up addresses. This is done by visiting the “Profile” and “Manage Pickup Address” sections where the information can be updated as desired.
Communications with SeimDei
By creating an account through “Restaurant Register”, you electronically agree to accept and receive communications from SeimDei’s admin and Dispatch team including via text message, calls, and push notifications to the cellular telephone number you provided to us.
For purposes of clarity, delivery text messages or status notifications between your customers and Contract Drivers are transactional text messages and may include promotional links.
Responsibility for Packaging
The restaurant and/or business is responsible for proper packaging and labeling of all goods to protect the content and ensure safe transportation. SeimDei is not responsible for damage to orders not boxed or packaged properly.
Limitations on Liability and Liabilities not Assumed
For restaurant and/or businesses with established accounts, SeimDei’s liability for loss or damage to your order is limited to refunds provided by the restaurant and/or business to their customer in effort to maintain the relationship. In any event, SeimDei will not be liable for your acts or omissions including, but not limited to improper or insufficient packaging, securing, or labeling the items in the order. SeimDei will not be liable if you or the intended recipient violates any of the terms of this document. SeimDei will not be liable for loss of or damage to orders with items prohibited by law. SeimDei will not be liable for loss, damage or delay caused by events SeimDei cannot control, including but not limited to acts of God, strikes, protests, weather conditions, heavy traffic, road conditions & closures, sporting events, acts of public enemies, wars, strikes, and civic commotions.
Filling a claim
All claims must be made to the Dispatch team within 48 hours of the delivery in which the loss or damage occurred. Claims must be made in writing along with invoice number or receipt for damaged goods. If the recipient accepts the order without noting any damage or missing items on the same day the delivery took place, SeimDei will assume that the order was delivered in good condition in its entirety. In order for SeimDei to process and assess your claim, you must provide all refunds and adjustments made to the customer. Every job is treated on a case-by-case basis to find the best solution.
You will receive invoices twice a month: one for deliveries performed from the 1st to the 15th of the month, and the second one will be from the 16th to the end of the month. All or any invoice discrepancy must be reported within 5 days of invoice date, or no adjustment can be considered.
All invoice payments are NET 10, unless SeimDei agrees to the terms suggested by you and/or the business. Any unpaid invoice balance after the due date listed on the invoice, or after 30 days, whichever is later, will incur in an automatic suspension from the Dispatch platform until all invoice payments are up to date.
If you have any questions about this Terms & Conditions, the practices of this site, or your dealings with us, please contact us.
Thank you from all of us at SeimDei Courier Corp.