Dolmeh terms And Conditions:
These terms apply to you each time you access or use any platform, application, website, content, product, or service provided by Dolmeh, including:
By clicking a box to accept these terms or by using or placing an order using an Dolmeh branded application or website, you confirm that you accept the above terms and conditions as applicable and agree that they will apply to the use of the technology and services described in each of these two sets of terms.
Scope of these Dolmeh Terms
Dolmeh Services may be provided by Dolmeh or, if specified in these Dolmeh Terms or any supplemental terms, affiliates of Dolmeh. However, the Dolmeh Services provided by Dolmeh under these Dolmeh Terms do not include any transportation or delivery services. To the
You may accept these terms by clicking a box or by using or placing an order using an Dolmeh branded application or website or by otherwise affirmatively indicating your acceptance and subsequently, by continuing to access and use the Dolmeh Services, you agree to be bound by these Dolmeh Terms, as may be amended from time to time, which establishes a contractual relationship between you and Dolmeh. If you do not agree to these Dolmeh Terms, at any time, you should not access or use the Dolmeh Services. These Dolmeh Terms expressly supersede prior agreements or arrangements with you and Dolmeh and/or any affiliates of Dolmeh regarding the provision of Dolmeh Services. Dolmeh may immediately terminate these Dolmeh Terms or any Dolmeh Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Any supplemental terms and policies, including the Community Guidelines, are in addition to, and shall be deemed a part of, the Dolmeh Terms for the purposes of the applicable Dolmeh Services. Supplemental terms shall prevail over these Dolmeh Terms in the event of a conflict with respect to the applicable Dolmeh Services. For clarity, the Dolmeh Terms accepted by you are not supplemental terms, but rather a separate agreement between you and the Dolmeh affiliate identified in the Dolmeh Terms.
Amendments
Dolmeh may amend the Dolmeh Terms, any supplemental terms or policies (including the Community Guidelines) related to the Dolmeh Services from time to time. Dolmeh will provide you with notice in the event of a material change to any Dolmeh Terms, policies or supplemental terms that detrimentally affects your rights under these Dolmeh Terms, by sending an email, providing notice through the Dolmeh Services or updating the date at the top of these Dolmeh Terms. Unless Dolmeh indicates otherwise in its notice (if applicable), the amendments will be effective immediately upon posting of such updated Dolmeh Terms at this location or the amended supplemental terms or policies on the applicable Dolmeh Service or at this location (as the case may be). Your continued access or use of the Dolmeh Services after Dolmeh provides such notice, if applicable, or after Dolmeh posts such updated terms, constitutes your acceptance of the changes and consent to be bound by the Dolmeh Terms, policies and supplemental terms, as amended. If you do not agree to the amended Dolmeh Terms, policies or supplemental terms, you must stop accessing and using the Services.
Privacy
Our collection and use of personal information in connection with the Dolmeh Services is as provided in Dolmeh’s privacy. You consent to Dolmeh potentially providing to an insurance claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
Dolmeh will provide the Dolmeh Services to you in accordance with these Dolmeh Terms. The Dolmeh Services constitute the provision of a technology platform that enables you, as a user of Dolmeh’s applications or websites (each, an “Application”) to: (a) arrange and schedule certain services with independent third party providers of those services that have an agreement with Dolmeh or its affiliates (“Third Party Providers”), including: (i) transportation services from those Third Party Providers; and (ii) the purchase of items or delivery services from those Third Party Providers; (b) subject to you accepting the Dolmeh Terms, purchase delivery services provided by those Third Party Providers from an Dolmeh affiliate via the Dolmeh Application, under a separate agreement between you and that affiliate; (c) facilitate payments to Third Party Providers for the goods and services provided to you by those parties and receive receipts from an Dolmeh affiliate for those payments; and (d) provide related content or services including customer support.
The Dolmeh Services are made available solely for your personal, non-commercial use, unless Dolmeh has agreed with you otherwise in a separate agreement. You acknowledge that: (a) Dolmeh does not provide transportation services or function as a transportation carrier; (b) all such transportation services are provided by Third Party Providers which are independent third party contractors who are not employed by Dolmeh or any of its affiliates; (c) Dolmeh does not provide delivery services; and (d) delivery services provided by such Third Party Providers may be purchased by you from an Dolmeh affiliate via the Dolmeh Application in accordance with the Dolmeh Terms. For clarity, Third Party Providers are solely responsible for the services they provide to you.
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Restrictions
You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the Dolmeh Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Dolmeh Services except as expressly permitted by Dolmeh; (iii) decompile, reverse engineer or disassemble the Dolmeh Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Dolmeh Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Dolmeh Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Dolmeh Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Dolmeh Services or its related systems or networks.
Third Party Services and Content
The Dolmeh Services may be made available or accessed in connection with third party services and content (including advertising) that Dolmeh does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Dolmeh does not endorse such third party services and content and in no event shall Dolmeh be responsible or liable for any products or services of such third party providers.
App Stores.
You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s license, e.g., the Apple app stores or Android app stores (“App Store”). You acknowledge and agree that these Dolmeh Terms are between you and Dolmeh and not with the App Stores and that Dolmeh is responsible for the provision of the Dolmeh Services as described in these Dolmeh Terms. However, you acknowledge and agree that if you access the Dolmeh Services using Applications developed for Apple iOS, Android, Microsoft Windows or Blackberry-powered mobile devices, Apple Inc. (“Apple”), Google, IncMicrosoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates, respectively, are third-party beneficiaries of these Dolmeh Terms. Upon your acceptance of these Dolmeh Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Dolmeh Terms against you as a third-party beneficiary thereof. These Dolmeh Terms incorporate by reference any terms set forth in the applicable third party beneficiary’s terms of service, including in Apple’s case, Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Dolmeh Terms, the terms of these Dolmeh Terms will control.
Ownership
The Dolmeh Services and all rights therein are and shall remain Dolmeh’s property or the property of Dolmeh’s licensors. Neither these Dolmeh Terms nor your use of the Dolmeh Services convey or grant to you any rights: (i) in or related to the Dolmeh Services except for the limited licence granted above; or (ii) to use or reference in any manner Dolmeh’s company names, logos, product and service names, trademarks or services marks or those of Dolmeh’s licensors.
Dolmeh Active Area
The goods and services that you may request using the Dolmeh Services are available in designated areas as communicated via the Application from time to time (“Dolmeh Active Area”). Dolmeh does not guarantee that you will be able to use the Dolmeh Services to request any such goods and services in the Dolmeh Active Area at all times.
User Accounts
In order to use most aspects of the Dolmeh Services, you must register for and maintain an active personal user Dolmeh Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Dolmeh Service permits otherwise. Account registration requires you to submit to Dolmeh certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Dolmeh Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Dolmeh in writing, you may only possess one Account.
Promotional Codes
An Dolmeh affiliate may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to a Third Party Provider’s services, subject to any additional terms that the Dolmeh affiliate establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the Dolmeh affiliate; (iii) may, as permitted by law, be disabled by Dolmeh or its affiliate at any time without liability to Dolmeh or its affiliate; (iv) may only be used pursuant to the specific terms that the Dolmeh affiliate establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. The Dolmeh affiliate reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the Dolmeh affiliate reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Dolmeh Terms. This section does not apply to promotional codes applicable to delivery services. Instead, the Dolmeh Terms apply to those promotional codes.
User Provided Content
Dolmeh may, in Dolmeh’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Dolmeh through the Dolmeh Services textual, audio, and/or visual content and information, including commentary and feedback related to the Dolmeh Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Dolmeh, you grant Dolmeh and its affiliates a worldwide, perpetual, irrevocable, transferable, licence for no fee, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Dolmeh Services and Dolmeh’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant Dolmeh and its affiliates the licence to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Dolmeh’s or its affiliate’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Dolmeh in its sole discretion, whether or not such material may be protected by law. Dolmeh may, but is not obligated to, review, monitor, or remove User Content, at Dolmeh’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Dolmeh Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Dolmeh Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Dolmeh Services and Applications and any updates thereto. Dolmeh does not guarantee that the Dolmeh Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Dolmeh Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Dolmeh Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Third Party Charges”). After you have received services or goods obtained through your use of the Dolmeh Service, Dolmeh or one of its affiliates will facilitate your payment of the applicable Third Party Charges as such Third Party Provicer’s limited collection agent. Payment of the Third Party Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Third Party Charges will be inclusive of applicable taxes where required by law. Third Party Charges paid by you are final and non-refundable, unless otherwise determined by Dolmeh. Subject to local regulations, you retain the right to request to increase or lower Third Party Charges from a Third Party Provider for transportation services received by you from such Third Party Provider. An Dolmeh affiliate will respond accordingly to any request from a Third Party Provider to modify the Third Party Charges for a particular service or good.
All Third Party Charges are due immediately and payment will be facilitated by Dolmeh or an Dolmeh affiliate using the preferred payment method designated in your Account, after which you will be sent a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Dolmeh or an Dolmeh affiliate may, on behalf of Third Party Provider, use a secondary payment method in your Account, if available.
You acknowledge that an Dolmeh affiliate may establish or adjust Third Party Charges for any or all services or goods obtained through the use of the Dolmeh Services at any time at the direction of the Third Party Provider or otherwise in the Dolmeh affiliate’s discretion, including in certain circumstances such as where you choose an additional service that incurs an additional charge. Further, you acknowledge and agree that Third Party Charges applicable in certain geographical areas may increase substantially during times of high demand. Dolmeh will use reasonable efforts to ensure the Dolmeh affiliate informs you of Third Party Charges that may apply, provided that you will be responsible for Third Party Charges incurred under your Account. You acknowledge that the fact that a payment card statement may reflect a charge from Dolmeh or an Dolmeh affiliate, does not necessarily mean that Dolmeh or the Dolmeh affiliate sold an item or service, but rather that Dolmeh or the Dolmeh Affiliate facilitated payment processing, and that the merchant stated on your receipt is the actual seller.
You acknowledge that an Dolmeh affiliate may from time to time provide certain users with Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Dolmeh Services, and you agree that such Promo Codes are provided to you for no fee, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the Dolmeh Services or the Third Party Charges applied to you.
Gratuities
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Dolmeh does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Dolmeh Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Dolmeh Services, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Cancellations
You may elect to cancel your request for transportation services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. If the transportation services are cancelled for any reason not attributed to you in accordance with Dolmeh’s or its affiliate’s cancellation policies, you may be entitled to a refund for any charges paid.
If you purchase items or items and delivery services from a Third Party Provider, you may cancel your order at any time up until the Third Party Provider has begun preparing your items. Once the preparation has begun, you will no longer be able to cancel your order without incurring a charge, which will be no more than the full price for your ordered items. If you cancel your order after the delivery has begun, you will also be charged the full price for the delivery services purchased from the Third Party Provider.
If any delivery services provided by a Third Party Provider fail or are cancelled for reasons that Dolmeh determines, acting reasonably, are attributed to you (for example, you provided an incorrect delivery address), you will be charged a fee no more than the full price for both the items and any delivery services purchased from the Third Party Provider. If any delivery services provided by a Third Party Provider fail or are cancelled for any reason that Dolmeh determines, acting reasonably, are not attributed to you, you may be entitled to a refund for any charges paid for those delivery services.
If you require a correction to be made to any Third Party Charge you incurred, you must notify Dolmeh in writing within 30 days after the Third Party Charge was invoiced after which Dolmeh will have no further responsibility and you waive your right to later dispute the amounts charged.
APPLICATION TO DOLMEH AND ITS AFFILIATES
The limitations and disclaimer in this section 5 apply to the liability of Dolmeh and its affiliates under these Dolmeh Terms, including in relation to any of the Dolmeh Services. Neither Dolmeh nor any of its affiliates will be liable under or in connection with these Dolmeh Terms for any Delivery Services.
DISCLAIMER
THE DOLMEH SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. DOLMEH AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE DOLMEH TERMS (INCLUDING ANY SUPPLEMENTAL TERMS, WHERE APPLICABLE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE DOLMEH SERVICES OR ANY SERVICES OR GOODS REQUESTED BY YOU THROUGH THE USE OF THE DOLMEH SERVICES, OR THAT THE DOLMEH SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DOLMEH AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE DOLMEH SERVICES, AND ANY SERVICES OR GOODS REQUESTED BY YOU THROUGH THE USE OF THE DOLMEH SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. DOLMEH DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS. THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF DOLMEH. DOLMEH DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. DOLMEH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIABILITY
Limitation of Liability
DOLMEH AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF DOLMEH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOLMEH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE DOLMEH SERVICES OR YOUR INABILITY TO ACCESS OR USE THE DOLMEH SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DOLMEH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DOLMEH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DOLMEH’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. DOLMEH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD RESTRAINT SYSTEMS FOR GUESTS ON RIDES REQUESTED THROUGH THE SERVICES FOR WHOM A CHILD RESTRAINT SYSTEM IS LEGALLY REQUIRED. IN NO EVENT SHALL DOLMEH’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND CANADIAN DOLLARS (CAD $1000).
THE DOLMEH SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, LOGISTICS OR DELIVERY SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT DOLMEH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, DELIVERY OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS OR THE DOLMEH TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY
You agree to indemnify and hold Dolmeh and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the Dolmeh Services or services or goods obtained through your use of the Dolmeh Services; (ii) your breach or violation of any of these Dolmeh Terms; (iii) Dolmeh’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers (“Losses”).
These Dolmeh Terms shall be exclusively governed by and construed in accordance with the laws of the province of Ontario, or Quebec if you’re a Quebec resident, and the federal laws of Canada applicable therein, without regard to conflict of law principles.
IMPORTANT: PLEASE READ THE FOLLOWING ARBITRATION REQUIREMENT CAREFULLY. YOU WILL HAVE TO RESOLVE DISPUTES THROUGH ARBITRATION. YOU WILL NOT BE ELIGIBLE TO GET MONEY OR OTHER RELIEF THROUGH A COURT PROCEEDING.
ARBITRATION REQUIREMENT
You are free to get advice or representation from a lawyer about this arbitration requirement.
Unless prohibited by law, all disputes arising out of or relating in any way to: i) these Dolmeh Terms, ii) the Dolmeh Services, iii) your access to or use of the Applications, or iv) advertisements, promotions or oral or written statements related to the Applications or any other Dolmeh branded product will be finally and conclusively adjudicated and resolved by arbitration under the Arbitration Rules (“ADRIC Rules”) of the ADR Institute of Canada, Inc. (“ADRIC”), except as modified here. The arbitration will be in English or French as you choose. The arbitration may be held anywhere the arbitrator considers appropriate, including remotely by telephone or Internet.
You will have to pay some fees to arbitrate, as described in the ADRIC Rules.
However, before beginning the arbitration, the party with the claim will first try to informally negotiate with the other party, in good faith, a resolution of the dispute for not less than 30 days but no more than 45 days unless extended by agreement. During the negotiation period, any otherwise applicable limitation period will be tolled (temporarily suspended).
Nothing here prevents you from filing a claim with a government agency.
Where you allege claims of sexual assault or sexual harassment, you may choose to bring those specific claims in court instead of arbitration. Dolmeh agrees to honour your choice of forum with respect to your individual sexual harassment or sexual assault claim but in doing so Dolmeh does not waive the enforceability of any other part of this section 7.
This arbitration requirement survives: (i) the termination of this Agreement and (ii) the bankruptcy of any party. If any part of it is deemed invalid or unenforceable, the other parts remain in force.
Scope of these Dolmeh Terms
These Dolmeh Terms apply to the provision of delivery services by Third Party Providers (“Delivery Services”) and/or the provision of shopping services which include picking, paying for, and then delivering the applicable Item(s) by Third Party Providers (“Shopping Services”), which are offered to you via the Dolmeh App. The Delivery Services or Shopping Services provided under these Dolmeh Terms are provided in addition to, but separately and apart from the the services provided by Dolmeh under the Dolmeh Technologies, Inc. – Terms and Conditions, available here (“Dolmeh Terms”). The Dolmeh Terms apply to the access or use by you of any application, website, content, product, or service made available by Dolmeh under the Dolmeh Terms (“Dolmeh Services”).
In addition, the Delivery Services and Shopping Services do not include the purchase of any items, shopping services or delivery services offered by independent third party merchants of goods and services via Dolmeh branded applications or websites (“Merchants”). In some cases, Merchants may use their own delivery staff to offer delivery services via an Dolmeh branded application or website (“Merchant Delivery”). If you purchase items or delivery services from Merchants via an Dolmeh branded application or website, that sale and purchase takes place directly between you and the Merchant, and is subject to the Dolmeh Terms (as the Merchant is a “Third Party Provider” under the Dolmeh Terms) but is not subject to these Dolmeh Terms.
PLEASE READ THESE DOLMEH TERMS CAREFULLY BEFORE ACCESSING OR USING THE DOLMEH SERVICES TO REQUEST A DELIVERY SERVICE OR SHOPPING SERVICE, AS THEY CONSTITUTE A SEPARATE LEGAL AGREEMENT BETWEEN YOU AND PORTIER OR YOU AND CASTOR.
Your access and use of the Dolmeh Services to request a Delivery Service or Shopping Service constitutes your agreement to be bound by these Dolmeh Terms, which establishes a contractual relationship between you and Portier (with respect to a request for the Delivery Service) or you and Castor (with respect to a request for the Shopping Service). If you do not agree to these Dolmeh Terms, you may not access or use the Dolmeh Services to request a Delivery Service or Shopping Service. Portier or Castor may immediately terminate these Dolmeh Terms with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Your contractual relationship with Portier and/or Castor (as applicable) is separate (and in addition) to your contractual relationship with Dolmeh under the Dolmeh Terms. For the avoidance of doubt, your access to and use of the Dolmeh Services continues to be governed by your separate agreement with Dolmeh under the Dolmeh Terms.
Supplemental terms
Supplemental terms may apply to certain Delivery Services or Shopping Services, such as policies for a particular event, activity or promotion, or a particular category of Delivery Services or Shopping Services. Supplemental terms will be provided to you in connection with the applicable Delivery Services or Shopping Services.
Any supplemental terms are in addition to, and shall be deemed a part of, the Dolmeh Terms for the purposes of the applicable Delivery Services or Shopping Services. Supplemental terms shall prevail over these Dolmeh Terms in the event of a conflict with respect to the applicable Delivery Services or Shopping Services.
Amendments
Portier or Castor may amend these Dolmeh Terms and any supplemental terms or policies related to the Delivery Services or Shopping Services from time to time. Portier or Castor (as applicable) will provide you with notice in the event of a material change to any Dolmeh Terms, policies or supplemental terms that detrimentally affects your rights under these Dolmeh Terms, by sending an email, providing notice through the Dolmeh website or application or updating the date at the top of these Dolmeh Terms. Amendments will be effective upon posting of such updated Dolmeh Terms at this location or the amended supplemental terms or policies on the applicable Delivery Services or Shopping Services or at this location (as the case may be). Your continued access or use of the Delivery Services or Shopping Services after such posting constitutes your consent to be bound by the Dolmeh Terms, policies and supplemental terms, as amended.
the Delivery Services or Shopping Services for lawful purposes and in accordance with these Dolmeh Terms. You will not, in your use of the Delivery Services or Shopping Services, cause nuisance, annoyance, inconvenience, or property damage, whether to Portier, Castor, a Delivery Person, Shopper or any other party, including Portier, Castor, their affiliates (including Dolmeh (in its capacity as licensor of the Dolmeh branded applications and websites)) or any of their employees, agents or contractors. You are responsible for providing Portier or Castor (as applicable) with the correct delivery address and ensuring that the delivery location can be accessed safely, and agree that the Delivery Services or Shopping Services (as applicable) may not be completed if you have provided the incorrect delivery address or the delivery location cannot be safely accessed.
In certain instances you may be asked to provide proof of age, identity or other method of identity verification to use or accept deliveries made via the Delivery Services or Shopping Services, and you agree that you may be denied use of the Delivery Services or Shopping Services or may not be able to receive a delivery via the Delivery Services or Shopping Services if you refuse to provide proof of age, identity or other method of identity verification.
Promotional Codes
You acknowledge that Portier or Castor may, in its sole discretion, create promotional codes that may provide discounts or other features or benefits related to the Delivery Services or Shopping Services (respectively), subject to any additional terms that Portier or Castor establishes on a per promotional code basis (“Delivery Promo Codes”). You agree that Delivery Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Portier or Castor (as applicable); (iii) may, as permitted by law, be disabled by Portier or Castor (as applicable) at any time without liability to Portier or Castor (as applicable) (iv) may only be used pursuant to the specific terms that Portier or Castor (as applicable) establishes for such Delivery Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Portier and Castor each reserves the right to withhold or deduct discounts or other features or benefits obtained through the use of Delivery Promo Codes by you or any other user in the event that Portier or Castor reasonably determines or believes that the use or redemption of the Delivery Promo Code was in error, fraudulent, illegal, or in violation of the applicable Delivery Promo Code terms or these Dolmeh Terms. This section does not apply to promotional codes for services other than the Delivery Services or Shopping Services. Instead, the Dolmeh Terms apply to those promotional codes.
Portier and Castor Charges
You understand that (i) use of the Delivery Services may result in charges to you for the Delivery Services you receive from Portier in accordance with these Dolmeh Terms (“Portier Charges”); and (ii) use of the Shopping Services may result in charges to you for the Shopping Services you receive from Castor in accordance with these Dolmeh Terms (“Castor Charges”).
In addition, your use of Dolmeh will result in charges for the Items and any Merchant Delivery you receive from a Merchant (“Merchant Charges”). Any Merchant Charges are payable in accordance with the Dolmeh Terms (as “Third Party Charges” under those Dolmeh Terms)
General Payment Terms
You agree to pay Portier the applicable Portier Charges and Castor the applicable Castor Charges and are responsible for paying all Portier Charges and Castor Charges incurred under your Account. Portier Charges and Castor Charges are in Canadian Dollars and inclusive of applicable taxes where required by law. Portier Charges and Castor Charges paid by you are final and non-refundable, unless otherwise determined by Portier or Castor (as applicable) or required by under any applicable consumer laws.
All Portier Charges and Castor Changes are due immediately and payable to Portier or Castor (as applicable) using the preferred payment method designated in your Account, after which you will be sent a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Portier or Castor (as applicable) may use a secondary payment method in your Account, if available.
Portier and Castor will charge you on the basis of the Portier Charges or Castor Charges communicated to you via the Dolmeh App before you place your order for any Delivery Services or Shopping Services. Portier and Castor may, acting reasonably, establish, remove and/or revise Portier Charges for any or all Delivery Services or Castor Charges for any or all Shopping Services at any time, including in certain circumstances such as where you change your delivery address or you choose a service that incurs an additional charge. In these cases, Portier or Castor (as applicable) will let you know about any such changes within a reasonable time, however the specific amount may not be known until after the order has been completed.
Delivery Promo CodesPortier or Castor (as applicable) may from time to time provide certain users with Delivery Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Delivery Services or Shopping Services, respectfully, and you agree that such promotional offers and discounts, are provided without consideration from you, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the Delivery Services or Shopping Services or the Portier Charges or Castor Charges applied to you.
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