Terms & Conditions
Terms & Conditions
Effective: October 1, 2023
These Terms and Conditions (“T&Cs”) set forth the terms and conditions that you (“You,” “Your,”
“Yourself” or “User”) must accept and agree to if You want to download, install, access or use the Huddex platform, whether via our website at www.huddex.com (“Website”) or any associated application, including Huddex and Hudder (each an “App”), or API (collectively, the “Huddex Platform” or the “Platform”). These T&Cs, including those referenced herein, constitute a legal agreement among You and Huddex Technologies W.L.L. (collectively, “Huddex,” “we,” “us,” or “our”) and the other Users of the Platform. By accessing or using the Huddex Platform in any manner, You are acknowledging that You have read and understand these T&Cs and agreeing to be bound by them.
As used in these T&Cs, the word “Sender” refers to any entity or individual who forms an account on the Huddex App and/or who has a written agreement with Huddex to access and use the Huddex Platform to crowdsource independent service providers to perform delivery services (“Delivery Services”), or for whose benefit Delivery Services are being performed. Similarly, a “Traveler” or “Hudder” is any entity or individual who forms an account on the Huddex Platform as a Traveler and/or otherwise performs Delivery Services, including at the request of, or for the benefit of, a Sender. The time period in which Delivery Services are performed by a Traveler, as well as the item(s) of personal property and goods being picked up and/or delivered by a Traveler, are collectively referred to herein as a “Gig”. A “recipient” is any entity or individual who receives a Gig or items contained in a Gig. All Users of the Huddex Platform, including Travelers and Senders, are referred to collectively as “Users” herein.
Huddex reserves the right to modify these T&Cs or any of our policies relating to our Platform at any time, effective upon posting of an updated version of the T&Cs on our Website and/or on our App. You are responsible for regularly reviewing any updates to the T&Cs. Accessing or using the Huddex Platform after any updates to these T&Cs shall constitute Your consent to all changes made to the T&Cs in such update and Your affirmation of Your agreement to the updated T&Cs as a whole, whether or not Huddex provides You prior notice of such modifications.
THE HUDDEX PLATFORM
Our Platform provides Senders with self-enabled logistics services via one or more of Huddex’s
proprietary Apps, including the ability:
to crowdsource independent service providers to provide Delivery Services and to
receive electronic real-time tracking and proof of pickup and delivery;
to choose among different services providers based on delivery dates and prices using Huddex’s proprietary algorithm; and
to pay Huddex electronically for the Delivery Services to be provided for which Huddex will then deduct a commission fee and pay the service provider
The Huddex Platform also enables Travelers to receive notifications of, and access to, requests placed by Senders on the Platform for Delivery Services, and the ability to offer to perform those Delivery Services.
Huddex provides Huddex Services and Travelers provide Delivery Services. Huddex’s business of developing and operating a logistics management platform is separate and distinct from a Traveler’s business of providing Delivery Services. However, as the context requires, the Huddex Services and the Delivery Services may be collectively referred to herein as the “Services.”
HUDDEX IS A LOGISTICS MANAGEMENT PLATFORM AND DOES NOT PROVIDE DELIVERY OR TRANSPORTATION SERVICES. HUDDEX IS NOT A LOGISTICS COURIER.
TRAVELERS ARE INDEPENDENT SERVICE PROVIDERS WHO CHOOSE TO USE THE APP IN ORDER TO RECEIVE ACCESS TO SENDERS’ REQUESTS FOR DELIVERY SERVICES AND DO NOT PERFORM DELIVERY SERVICES FOR HUDDEX.
TERMS APPLICABLE TO ALL USERS
User Agreements, Representations and Warranties
Every time You access or use the Huddex Platform or receive or perform Services, You expressly agree, represent and warrant that, at the time of each such access or use:
You are legally entitled to and have the right, authority and capacity to enter into the
agreements set forth in these T&Cs and to fulfill Your obligations herein.
Your use of our Platform is for Your sole use and You will not resell to a third party.
You will comply with these T&Cs, and all local laws and regulations, rules, and orders by any governmental authority with respect to Your use of our Platform, to the extent legally applicable to You (“Applicable Law”).
You will only create and maintain one User account.
You will keep secure and confidential Your User account password or any other keys or
identification which allows You to access our Platform.
You will provide Huddex with such proof of identity we reasonably request and will not
impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your
affiliation (actively or by omission) with any person or entity.
You will not represent Yourself to be an agent, subcontractor, representative, employee or
affiliate of Huddex, or any affiliate of Huddex or any of its direct or indirect subsidiaries or affiliates.
You will only access and use our Platform for lawful purposes and in accordance with all
Applicable Law and will not use our Platform to promote or encourage any illegal activity, or
to commit or assist in the commission of a crime.
You will keep in strict confidence and shall not access, disclose, or use for the benefit of
Yourself or others, any and all third parties’ Confidential Information (as defined below), except in each instance, only as strictly necessary to receive or perform Services as intended
or carry out and perform Your obligations under these T&Cs.
You will not collect or store any information, including Confidential Information, about any
Huddex personnel, any other User (or their personnel), or any Gig recipient (or their
personnel), except as specifically required to receive or perform Services as intended or
carry out and perform Your obligations under these T&Cs.
You will not contact any Huddex personnel, any other User (or their personnel), or any Gig
recipient (or their personnel) directly or outside of the Platform or once the Gig is complete
unless strictly necessary to receive or perform Services as intended or carry out and
perform Your obligations under these T&Cs.
You will not copy, or distribute text, graphics, images, music, software, audio, video,
information, trademarks, logos, or other like materials related to our business or Platform
unless specifically allowed by these T&Cs.
You will not access or use our Platform in any way that could cause harm, nuisance,
annoyance, or inconvenience, or interfere with or negatively affect other Users from fully
using or enjoying our Platform as intended.
You will not infringe the rights of any third party (including other Users and Huddex),
including without limitation, their intellectual property, privacy, publicity or contractual
rights.
You will not assist any third party in any of the above.
Non-Discrimination Policy
You agree that You will not discriminate against any User, Huddex personnel, recipient, or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under Applicable Law. All Users should feel safe and welcome and Huddex does not tolerate any discriminatory conduct from Users.
Respect Others Policy
You agree that You will not stalk, intimidate, threaten, harass, cause physical or mental distress, or otherwise display any aggressive, confrontational, intimidating, threatening or harassing behavior toward or against any User, Huddex personnel, recipient, or other third party, including without limitation:
Hitting, hurting, or intending to hurt any person or animal, or threatening to do the same.
Using language or making gestures that could be disrespectful, harassing or threatening.
Assault, harassment, and misconduct, including sexual, of any kind. Assault includes any
intentional bodily contact made without explicit consent of the other person, and sexual
harassment and misconduct, includes without limitation, unconsented to advances,
behaviors and remarks like nudging, whistling, winking or flirting, discussing Your own or
someone else’s sex life, using explicit language, or making jokes about sex.
Disrespecting personal space and/or privacy, like standing unnecessarily close, or
commenting on personal appearance, perceived gender identity, sexual orientation, or
asking unrelated personal questions.
Failing to respect others may lead to Your deactivation from the Huddex Platform.
Keeping the Huddex Community safe, friendly and helpful for all means that all Users of our Platform have a responsibility to treat each other and all third-parties they encounter while using the Platform with respect and dignity.
ANY USER FOUND TO HAVE VIOLATED THE NON-DISCRIMINATION POLICY OR RESPECT OTHERS POLICY WILL LOSE ALL ACCESS TO AND USE OF THE HUDDEX PLATFORM
Confidential Information
When using the Huddex Platform to receive or perform Services, all Users may have access to the Confidential Information of third parties, including without limitation, that of Huddex, Travelers, Senders, and/or Gig recipients as well as that of those third-parties’ respective personnel, contractors and customers. “Confidential Information” means all information, whether oral or written, and whether contained on electronic media or otherwise, to which a User is given or has access to, or is made available to the User in connection with their use of the Platform, including without limitation names, addresses, telephone numbers and any other information which may be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (“PII” or “Personally Identifiable Information”), It is important to recognize that non-PII can become PII whenever additional information is made available — in any medium and from any source — if, when combined with other available information, it could be used to identify a specific individual.
BY USING THE HUDDEX PLATFORM TO RECEIVE OR PERFORM SERVICES, ALL USERS MAY GAIN KNOWLEDGE OF THIRD PARTIES’ CONFIDENTIAL, PROPRIETARY, PERSONALLY IDENTIFIABLE AND/OR PROTECTED HEALTH INFORMATION.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, AS A USER OF THE HUDDEX
PLATFORM, ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE
CONFIDENTIALITY OF ALL SUCH CONFIDENTIAL AND PERSONAL INFORMATION AND YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES MAY YOU DISCLOSE SUCH INFORMATION TO ANY OTHER PERSON OR USE SUCH INFORMATION FOR ANY OTHER REASON THAN TO RECEIVE OR PERFORM SERVICES VIA THE HUDDEX PLATFORM AS INTENDED.
If Huddex collects or uses Your personal information in connection with Your access to and use of the Huddex Platform, our Services and/or the Delivery Services, such collection and/or use is
described and governed by our Privacy Policy.
III. SENDERS AND SENDERS’ RESPONSIBILITIES
Senders Agreements, Representations and Warranties
Prior to using any Services, You agree that you will have all right and authority to lawfully
use the Services or otherwise have the full right and authority to contract for the Gig and
send all items contained in a Gig.
You agree to specifically list and disclose all items contained in Your Gig and to not include
any “Prohibited Items”.
You agree to properly pack all items in Your Gig sufficient to withstand air transport, ensure the safety and integrity of the item and in compliance with all Applicable Laws.
You acknowledge and agree to Huddex’s Open Box Policy (as set forth below) and will allow a
Traveler to visually inspect all items in a Gig prior to departing with the Gig.
You acknowledge that a Traveler is NEVER obligated to carry anything that the Traveler has not been given the right to inspect and agree that a Traveler can always cancel Your Gig without
penalty if You do not allow inspection of Your Gig contents upon the Traveler’s request.
You acknowledge and agree that Huddex’s maximum liability for loss, theft or damage to
items in Your Gig is subject to and determined by the Huddex Protection Plan.
You agree not to knowingly arrange for, or solicit, a Traveler to perform Gigs for You outside of
the Huddex Platform; provided that nothing herein shall constrain Your ability to acquire
traveler capacity via another platform or a delivery service and in connection therewith
utilize Travelers who may provide services via such other platform or delivery service, or use
Travelers who may approach You directly, or prohibit You from soliciting any person by or
through any general advertising medium, not specifically targeted at any currently active
Traveler using Huddex.
You agree not to enter any personal information, including PII, into the title of a Gig,
including phone numbers or addresses and agree that all personal information should be
entered in the appropriate sections indicated in the Platform when requesting Delivery
Services.
Indemnification
You hereby agree to release, indemnify, defend, hold harmless, pay directly or reimburse upon
demand Huddex and its parent, subsidiary and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, and Senders (“Huddex Indemnitees”) from and for any and all third-party liabilities, losses, damages, fines, civil penalties, settlements, judgments, costs and expenses (including without limitation reasonable attorney‘s fees and costs) (“Losses”) incurred in connection with any judicial or non-judicial claim, action, demand, suit, or proceeding asserted by a third party (including governmental entities) (collectively, “Claims”) arising directly or indirectly from, or as a result of or in connection with, Your or Your Personnel’s (i) acts or omissions in using the Services or taken in connection with the performance of Your obligations under these T&Cs, (ii) breach of the Huddex T&Cs; (iii) violation of any Applicable Law or the rights of any third party, including, without limitation, other Users of the Huddex Platform, Gig recipients, motorists, pedestrians and other third parties; and/or (iv) disclosing or using Confidential Information for any reason and in any manner except to receive Services hereunder as intended.
Cancellation of Gigs by Senders
If You need or want to cancel a Gig, please cancel Your request as soon as possible. This will notify the accepted Traveler and free them up to offer on and accept other Gigs from other Senders. To cancel a Gig, contact the Huddex support team (“Huddex Support”) as soon as possible or select “Cancel Delivery” within the Huddex web portal.
Huddex may charge a Sender a fee (“Cancellation Fee”) if the Sender cancels the Gig once a pickup has already been initiated to the Sender location, input the wrong dimensions and/or weight of items, and/or the Gig does not fit in the vehicle assigned, or the Gig contains a Prohibited Item. The Cancellation Fee is automatically charged to Your account.
Open Box/Bag Policy and Packaging
Open Box Policy: Huddex encourages the use of no or minimal packaging both to promote
sustainability and to prevent fraud and use of our Platform for illegal activities. When packaging is needed or desired, Huddex promotes and strongly encourages all Senders to use an Open Box/Bag Policy. An Open Box/Bag Policy means You should always leave packaging open so that a Traveler can inspect the contents before taking a pick up photo and leaving with Your Gig. If You don’t leave the packaging open a Traveler always can open the packaging to inspect items before leaving with the Gig, or cancel Your Gig without penalty if You do not allow inspection of Your Gig. Every Traveler has a right to know what they are taking along on their ride, and by using an Open Box/Bag policy You help us ensure that the Huddex Platform is not used to send Prohibited Items, including without limitation, illegal substances.
Packaging: Notwithstanding Huddex’s encouragement to use no or minimal packaging, You still have the responsibility to package items in Your Gig appropriately based on level of risk, fragility and other factors specific to the individual item, as determined by You. Huddex cannot know what packaging is necessary for any item You send. Please use Your best judgment when packing Your Gig as Huddex is not liable for loss or damage to any Gig if it is not properly packed to withstand the safety and integrity of the item during delivery or in compliance with all Applicable Laws.
Huddex Protection Plan
Huddex wants all Senders to feel confident that their Gig is in good hands. With no extra fee, the Huddex Protection Plan provides Senders with protection against loss, damage or theft to items in eligible Gigs, up to $100 of protection per Gig. Additional Protection is available for purchase through Huddex’s partners up to $10,0000 per Gig. Exceptions and limitations apply, please read the full Protection Plan before purchasing any Additional Protection. For the full terms of the Huddex Protection Plan and how to File a Claim, visit www.huddex.com/protectionplan.
TRAVELERS (HUDDERS) AND TRAVELERS’ RESPONSIBILITIES
Gigs and Traveler Acknowledgements
After forming an account on the Huddex Platform as a Traveler (Huddder), You may be notified of available Gigs which You may offer to perform. Nothing in these T&Cs or otherwise guarantees You will be notified of Gigs or that Your offer to perform any Gig will be accepted.
You are never under an obligation to offer to perform any Gig. You have the sole discretion to offer or not offer to perform any Gig posted; provided, if Your offer is accepted You are then contractually bound under these T&Cs to complete the Gig as per the Sender’s instructions and in accordance with the Sender Requirements (as defined below).
The real-time tracking and full photographic chain of custody features in the Huddex Platform are embedded and are integral to Your performance of Gigs in accordance with Sender Requirements.
The Huddex Platform automatically sends prompts and notifications to You, provides real-time
tracking and status updates to Senders and Gig recipients during the performance of the Gig, sends copies of pickup and delivery photos to Senders, and gives Huddex Support the ability to
communicate with You, Senders and Gig recipients in order to facilitate the completion of the Gig as needed. You acknowledge that Your personal phone number will be made available to the 3rd Party Logistics (3PLs) so they can deliver the Gig items to you prior to your departure or pick them up from you at the arrival location in the destination location.
Huddex does not have the right to, and shall not, control the manner or the method of accomplishing a Gig to be performed by You. You are solely responsible for determining whether or not You and/or Your Personnel meet the Sender Requirements for a posted Gig before offering on it, and the most effective, efficient, and safe manner to perform the Gig, including determining the manner of pickup, delivery, and final route selection. You do not and will not have a supervisor or any individual at Huddex who supervises the performance of Your Gigs and You do not and will not be required to make regular written or oral reports to any person at Huddex with respect to the performance of your Gigs, and You will not receive performance evaluations from Huddex.
You shall not, and will not be required to, wear a uniform designating Huddex as the provider of Your Delivery Services, or use signage or other designation of Huddex. You acknowledge and agree that You are solely responsible for all costs and expenses related to Your
use of the Huddex App and the performance of Gigs You choose to provide using the Huddex App, including without limitation, purchasing:
flights and all expenses incurred therewith, including airport transfer, luggage capacity expenses, visas and transit expenses;
cellular equipment and data access, and all expenses incurred therewith, including monthly
service charges and maintenance;
such equipment as may be required or as may be needed to perform any particular Gig You offer to perform, such as luggage, packaging, carry-on bags or backpacks and such other equipment;
insurance coverage related to Your use of the Huddex App and the performance of the Gigs
You choose to perform, including without limitation, traveler insurance, workers’ compensation insurance, occupational hazard insurance, and health insurance coverage.
Traveler Agreements, Representations and Warranties
You represent and warrant that you are at least eighteen (18) years of age. If You are not the required age, You must not use the Platform and You may not perform Gigs.
Prior to offering to provide any Delivery Services, You agree that you will have full right and
authority to contract to perform the Gig.
You agree to comply with all Applicable Laws while using the Platform and offering on Gigs
You agree to have a mobile device with the Huddex App running, and to not disable the Huddex App or its geolocation software at any time while performing Gigs.
You agree to Your personal phone number being made available to Huddex Support and authorize communications between the Huddex Platform, You, and 3rd Party Logistics (3PLs)
, and authorize Huddex Support to communicate with, and/or initiate communications between, You, and/or the 3PLs directly or on Your behalf, solely as needed to facilitate the completion of the Gig.
You agree to use a true facial picture in Your profile when creating a Huddex account.
You agree that Huddex will not reimburse You for any expenses or costs related to Your use of
the Huddex Platform or the performance of any Gig, and you agree to not seek reimbursement of the same from Huddex.
You represent and warrant that You will possess all flight itineraries required to perform a Gig PRIOR to offering to perform the Gig.
You agree that You will not offer to perform Gigs unless You are physically capable of
handling the Gig and agree that and Huddex will not pay or reimburse You for medical care,
or any other claims, costs or expenses You may incur if You are hurt or injured while performing a Gig.
You agree to notify Huddex promptly if you discover, or suspect, any Prohibited Item(s) in a
Gig and observe the best practices found here: Prohibited Items.
Huddex does not pay a salary or hourly/daily rate but rather a fixed or contract rate as set
forth in Gig.
Huddex does not and will not dictate the time of performance, except that a completion schedule may be established.
Traveler Helpers and Traveler Personnel
To the extent permitted by Applicable Law and a Sender and further subject to these T&Cs, a Traveler may be accompanied by a “helper” (“Traveler Helper”) and/or may hire or engage others as employees or subcontractors (collectively “Traveler Personnel”) to perform a Gig.
Helpers: All Helpers must be essential to the Traveler’s completion of the Gig in accordance with Sender Requirements and be accompanied at all times by the Traveler of the Huddex account that made the offer to perform the Gig.
Personnel: A Traveler is not required to perform Gigs personally, but may, to the extent permitted by Applicable Law and subject to these T&Cs, hire or engage Traveler Personnel to perform Gigs on the Traveler’s behalf.
A Traveler shall be solely responsible for the direction and control of any Traveler Helper or Traveler Personnel used by Traveler hereunder in accordance with these T&Cs and the Sender Requirements and shall be liable for all actions and omissions of its Helper or Personnel.
A Traveler has full and sole responsibility for the payment of all amounts due to Helpers and/or
Personnel for Gigs performed on the Huddex Platform or otherwise, including all wages, benefits and expenses, unemployment insurance contributions, and taxes (if applicable). Neither Huddex nor its affiliates, nor any Sender, shall have responsibility for any wages, benefits, expenses, or other payments due to a Traveler’s Helpers or Personnel.
Indemnification
You hereby agree to release, indemnify, defend, hold harmless, pay directly or reimburse upon
demand Huddex Indemnitees from and for any and all any and all Losses incurred in connection with any Claims arising directly or indirectly from, or as a result of or in connection with, Your or Your Helper’s or Personnel’s: (i) acts or omissions or misconduct in the performance of Delivery Services or Your other obligations under the T&Cs; (ii) breach of the Huddex T&Cs; (iii) violation of any Applicable Law or the rights of any third party, including, without limitation, other Users of the Huddex Platform, Gig recipients, and other third parties; (iv) disclosing or using Confidential Information for any reason and in any manner except providing Delivery Services hereunder; (v) ownership, use or operation of a any vehicle used during the performance of Delivery Services.
ACTIONS LEADING TO TEMPORARY LOCKS OR PERMANENT DEACTIVATIONS OF USER ACCOUNTS
Without limiting any other of its remedies at law or in equity, Huddex, in its sole discretion, may
temporarily lock Your account and initiate an investigation potentially leading to Your permanent
deactivation if:
You are suspected of breaching, or are credibly alleged to have breached, any of the T&Cs
applicable to You, including any of Your User agreements, representations or warranties, or
any of Huddex’s other policies governing Your use of the Platform, including those set forth in
Support Articles;
we are unable to verify or authenticate any information You provide to us when using or
receiving the Services;
we believe that Your actions may cause financial loss or legal liability to any other User,
Huddex, its affiliates, or its third-party providers;
we suspect, we find, or it has been credibly alleged that You have engaged in fraudulent,
illegal, dangerous or harmful activity in connection with Your use of or access to the Huddex
Platform, or in connection with Your receiving or providing Services, including theft;
we receive a claim that items in Your Gig are missing or damaged;
Prohibited Items are discovered in Your Gig;
If You are a Traveler and You cancel Your Gigs after acceptance without reasonable cause;
If You are Traveler and You are a “no-show” to pick up Your Gig without reasonable cause;
You receive multiple complaints or low ratings, as a Traveler or Sender; or
You have not offered on a Gig if You are a Traveler, or posted a Gig if You are a Sender, for 90
days or more.
A User’s account will remain locked during the investigation of any incident or action for such time as Huddex determines is necessary, in its sole discretion. Huddex may reactivate any User whose account was temporarily locked in its sole discretion. If Huddex permanently deactivates Your account, You may be eligible for an appeal, as set forth below.
YOU HEREBY GRANT HUDDEX PERMISSION AND THE FULL RIGHT AND AUTHORITY TO FULLY INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THESE TERMS (INCLUDING ALL DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED HEREIN) TO THE FULLEST EXTENT OF THE LAW, INCLUDING INVOLVING, COOPERATING OR DISCLOSING YOUR PERSONAL INFORMATION TO INSURANCE COMPANIES, PURSUANT TO A VALID SUBPOENA, AND LAW ENFORCEMENT AUTHORITIES IN CONNECTION THEREWITH. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD GIG PAYMENTS, LIMIT, LOCK OR DEACTIVATE YOUR USER ACCOUNT, PROHIBIT ACCESS TO THE PLATFORM, APPS, WEBSITES, AND THEIR CONTENT (INCLUDING YOUR OWN), SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING THE PLATFORM, APPS, WEBSITES OR ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS AND OTHER PUBLISHED HUDDEX TERMS OR POLICIES.
Appeal Process
Huddex does not make the decision to permanently deactivate a User’s account without a complete investigation. However, in some instances, we allow a User to appeal Huddex’s decision to permanently deactivate their account.
We will not accept appeals for certain deactivation decisions related to “zero tolerance” violations, such as criminal or fraudulent activity while using the Platform or breaches of Other Policies. Because it is impossible to anticipate the full range of reasons that could result in the permanent deactivation of a User’s account, ultimate determination of eligibility will be made by Huddex on a case-by-case basis. A User will be allowed only one appeal. All appeal decisions made by Huddex are final and not subject to further appeal. You can find the full details of Huddex’s appeal process in the email You received notifying You of the deactivation of Your account. If You believe Your deactivation is eligible for an appeal, please submit Your appeal by following the instructions in Your deactivation email.
Deactivated Accounts
If Your account is permanently deactivated Your account information will be deleted in accordance with Huddex’s Privacy Policy and You will be removed from the Huddex Platform and no longer have access to or use of the Platform. Permanent deactivation will cause You to lose Your user name and persona as well as any privileges, certifications, badges or other earned items associated with Your account. If Your account was not deactivated for cause, You may open a new account on the Platform. It will be considered a material breach of these T&Cs if a User who has been deactivated for cause, opens a new account on the Platform and such new account will be deactivated without notice or right to appeal. Huddex is under no obligation to compensate any User for any losses as a result of a User’s deactivation.
ALL HUDDEX ACTIONS TAKEN WITH RESPECT TO THE TEMPORARY LOCK AND/OR
PERMANENT DEACTIVATION OF YOUR ACCOUNT MAY BE TAKEN IN HUDDEX’S SOLE
DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU.
BILLING AND PAYMENT
Under these T&Cs, Huddex is not and will not be a party to the agreements made between Users for Delivery Services using our Platform, including the Sender’s agreement and responsibility to pay the Traveler therefor. In order for Huddex to facilitate payments to be made and received for Delivery Services hereunder, all Users of our Platform are required to provide to Huddex their credit card or bank account details and such other information needed to vet the User by the Payment Service Provider retained by Huddex (the “PSP”). By accepting these T&Cs, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Huddex is not a party to the PSP Agreement and has no obligations or liability to any User under the PSP Agreement.
Payment Processing
Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available athttps://stripe.com/legal/connect-account), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms“). By using the Huddex Platform to pay for Gigs or receive payment proceeds, all Users agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Huddex enabling payment processing services through Stripe, all Users authorize Huddex to obtain all necessary access and perform all necessary activity on Your Stripe Connected Account to facilitate payment for Services as contemplated by these T&Cs and Your relationship with Huddex. All Users further agree to provide accurate and complete information about You and Your business, and authorize Huddex to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Huddex reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
Billing
Senders are responsible for paying for each Gig contracted for, which will include (i) the pricing
terms of the Gig provided to a Traveler, (ii) any Cancellation, as may be applicable to the Gig, and (iii) any other fee Huddex may assess for use of its Platform (combined, the “Gig Payment”). Unless otherwise agreed by Huddex, any fees that Huddex may charge a User for their use of the Huddex Platform (including to receive or perform any Services), are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of Your decision to terminate Your usage of our Platform, our decision to terminate Your usage of our Platform, disruption caused to our Platform or the Services either planned, accidental or intentional, or any reason whatsoever. Huddex reserves the right to change pricing at any time and any pricing information published on the Huddex Website may not reflect the current pricing.
Taxes
Users of the Platform will be liable for any taxes (including VAT, if applicable) required to be paid
because of the User’s use of or access to the Huddex Platform, or receiving or performing any
Services or on any Gig Payment received (other than taxes on the Huddex’s income).
Payment, Withholding and Release
If accepted for a Gig, a Traveler is solely responsible for completing delivery of the Gig as agreed upon BEFORE being paid. Huddex, in its sole discretion, may place a hold on a Traveler’s Gig Payment if the delivery of the Gig is not provided expressly in accordance with the Sender Requirements and any other directions set forth in the request for Delivery Services, and these T&Cs, and/or Huddex determines it otherwise necessary or advisable to place a hold on such Gig Payment, including without limitation if Huddex has any suspicion or reason to believe that a Traveler or Sender has breached these T&Cs or any Applicable Law. If a Gig Payment is placed on hold, Huddex will release a Gig Payment to a Traveler upon establishing the validity of the accounts and Gigs under suspicion, in Huddex’s sole but reasonable discretion. Traveler agrees that any and all Gig Payments are set forth in the Gig as posted and are paid to Traveler in accordance with the payment method chosen by such Traveler. All Travelers agree that all Gig payments are facilitated via the Huddex Platform through the PSP, and they will not seek any Gig payment directly from a Sender or the recipient of a Gig, including a store merchant. Traveler hereby waives any and all right to commence any action for a Gig payment directly from a Sender or a recipient on the Huddex Platform.
Gratuities
Senders and Delivery Order recipients may give gratuities to Travelers and Travelers shall retain 100% of any gratuity paid. Notwithstanding the above, Traveler acknowledges that once they offer to perform a Gig they have agreed to perform the Gig for the amount set forth in the request for Delivery Services. Any decision to give additional gratuity or further compensation is completely voluntary and Traveler agrees that they will not, and will ensure that their Helpers and Personnel do not ask for or insinuate any obligation for additional compensation or gratuities from any Sender or Gig recipient.
Unexpected Costs
Traveler agrees that the Gig Payment amount will not be increased to cover any expected or
unexpected costs or expenses Traveler or its Personnel incur while performing Gigs, including for additional travel expenses. Traveler acknowledge that their costs and expenses may be higher than the amounts earned from performing Gigs resulting in an overall loss of income.
VII. INTELLECTUAL PROPERTY
Huddex Intellectual Property; Ownership of the Huddex Platform
Huddex solely owns and shall retain all right, title, and interest in and to the Huddex Platform, its
products, services, Confidential Information, Huddex Content (as defined below), and its trademarks, service marks, trade names, logos, logotypes, insignia, inventions, copyright or patent-protected matter, associated therewith, database rights, or other intellectual property software, patents, design rights (whether registered or unregistered), trade secrets and all other similar proprietary rights whether or not currently registered, wherever existing in the world, with full rights to apply for protection of the same (“Huddex Intellectual Property”). Any and all drawings, designs, artwork, tapes, prints, plates, source code, modifications, extensions, upgrades, and derivative works of Huddex’s Intellectual Property, or any discoveries, ideas, inventions, improvements or other materials, original or otherwise, belonging to a party, either written or readable by machine, regardless of whether any portion thereof is or may be validly copyrighted or patented, are included in its Intellectual Property shall remain the property of Huddex and may not be copied or duplicated in any manner. Nothing will restrict or limit Huddex’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Your Feedback (as defined below), without compensating or crediting You or any individual providing such Feedback. “Feedback” includes suggestions for correction, change, or modification to the Huddex Platform or the Services provided via the Huddex Platform; evaluation data and reports relating to the performance of the Huddex Platform and Services provided hereunder; and other reactions or ideas for improvements relating to the Huddex Platform and Services provided via the Huddex Platform.
Your Access and Use of the Huddex Platform
Subject to Your compliance with the T&Cs, Huddex hereby grants to You the limited right to access and use the Platform on any authorized Android Device that You own or control and/or any Apple Device that You own or control and as permitted by the Usage Rules set forth in Section B of the Services and Content Usage Rules (the “Usage Rules“). This grant does not allow You to use the Platform on any Device that You do not own or control. The terms of this grant will govern any upgrades provided by Huddex that replace and/or supplement the Huddex Platform, unless such upgrade is accompanied by a separate grant in which case the terms of that grant will govern. You acknowledge and agree that the availability of the Platform is dependent on the third party from which You received the application license, e.g., the Apple iPhone or Android app stores (“AppStore”). You acknowledge and agree that this agreement is between You and Huddex and not with any App Store. Huddex, not the App Store, is solely responsible for the Platform, including the mobile application(s), the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto. In order to use the Platform, You must have access to a wireless network, and You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Platform. You agree to comply with,
and Your license to use the Platform is conditioned upon Your compliance with, all applicable
third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Platform.
You acknowledge and agree that each App Store (and its affiliates) is an intended
third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of
this Agreement.
Huddex reserves the right to stop offering and/or supporting our Platform and/or our Users’ ability to receive or perform Services or any particular portion or part of our Platform or access to Services at any time, at which point Your right to access and use the Platform and Your access to the Services therefrom, or any part thereof, will be automatically deactivated. In such event, Huddex shall not be required to provide refunds or other compensation to Users in connection with any discontinuation of the Platform or access to Services.
You agree not to:
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit
or make available to any third party the Platform in any way;
use or commercially exploit Huddex’s logos, trademarks, service marks, and trade names,
including on any website of Yours, or challenge or assist others in challenging Huddex’s
ownership or registration thereof, or attempt to register any trademarks, service marks or
trade names confusingly similar to that of Huddex’s;
modify or make derivative works based upon the Platform;
create Internet “links” to the Platform, alternate access to Services, or “frame” or “mirror”
any part of the Platform on any other server or wireless or Internet-based device;
reverse engineer or access the Platform to copy any ideas, features, functions or graphics of
the Platform whether to build competitive products or services using similar ideas, features,
functions or graphics of the Platform, or otherwise;
launch an automated program or script that unduly burdens, interferes, disrupts, hinders
the integrity, operation and/or performance of the Platform (or the data contained therein)
in any way or for any User, including but not limited to Trojan horses, viruses, worms, web
spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may
make multiple server requests per second, or send and/or store in our Platform material
containing software viruses, worms, Trojan horses or other harmful computer code, files,
scripts, agents or programs;
attempt to gain unauthorized access to the Platform or its related systems or networks, or
circumvent or attempt to defeat any security or verification measures relating to use of the
Platform; or
use our Platform to send spam or otherwise duplicative or unsolicited messages, send or
store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material,
including material harmful to children or that violates third-party privacy rights.
Content
Licenses Granted by Huddex in Content: Subject to Your compliance with the T&Cs, Huddex grants You a limited, non-exclusive, non-transferable/sublicensable, non-assignable license to view, download and print any content that Huddex makes available through the Platform or on its social medial pages and feeds (“Huddex Content“) and to view any content that a User posts, uploads, publishes, submits or transmits to be made available through the Platform or on Huddex social media pages and feeds, including any questions, comments, suggestions, ideas, or feedback (“User Content” and with Huddex Content collectively, “Collective Content“). Neither Huddex Content nor User Content includes information provided or received by Users when performing or receiving Delivery Services hereunder, whether or not Confidential Information, including pickup and delivery photos, and no User is granted any license to or right therein and may not post or otherwise disclose on social media pages and feeds, whether or not Huddex’s, any content containing such media and it will be deemed a material breach of these T&C if you do so. Collective Content may be used solely for Your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Collective Content, except as expressly permitted in the T&Cs. No licenses or rights are granted to You by implication or otherwise in any intellectual property rights owned or controlled by Huddex or its licensors in such Collective Content.
Social Media: Huddex maintains certain social media pages and feeds. By maintaining these social media pages, Huddex intends to build a welcoming community where everyone can engage in meaningful dialogue with one another. Our goal is to post and have posted relevant, interesting content and we welcome Your comments, suggestions, and feedback. However, we want all Users who contribute on Huddex’s social media pages and feeds to be able to express their opinions freely and feel comfortable entering into informed debate and discussion. When posting, commenting, or otherwise interacting or engaging with Huddex’s social media pages, You agree to comply with Huddex’s Social Media Guidelines. Huddex has no responsibility to, and does not, monitor Your access to or use of Collective Content or review User Content for the inclusion of illegal or impermissible content. Huddex reserves the right, at any time and without prior notice, to remove or disable access to any User Content that Huddex, at its sole discretion, considers to be in violation of its Social Media Guidelines or these T&Cs.
By posting on our social media pages, You represent and warrant that Your User Content complies with Huddex’s Social Media Guidelines and does not contain any content prohibited or otherwise restricted therein.
License Granted by User: We may, in our sole discretion, permit Users to post, upload, publish,
submit or transmit User Content. By making available or posting any User Content on or through the Platform You hereby grant to Huddex a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. Huddex shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to You. Huddex claims no ownership rights in any User Content and nothing in the T&Cs will be deemed to restrict any ownership rights, or other rights that You may have to use and exploit Your User Content.
You acknowledge and agree that You are solely responsible for all User Content that You make
available through the Platform or App. By posting or making available any User Content, You
represent and warrant that You are the sole and exclusive owner of all User Content that You make available or post or You have all right, license, consent and release required to grant to Huddex the rights in such User Content contemplated under the T&Cs; and neither the User Content nor Your posting, uploading, publication, submission or transmittal of the User Content or Huddex’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any Applicable Law.
Sender hereby grants to Huddex a worldwide, royalty-free, non-exclusive license to use and display the Sender’s name, logos, trademarks, service marks, and trade names (“Marks”) in Huddex’s customer list(s), case studies, press releases, advertising and other public or promotional statements, including displaying such Marks on our Websites and App. User represents and warrants that it owns and/or has the right to produce and use its Marks, and any other intellectual property that it provides directly to Huddex, including through the Platform or App, and that those will not infringe any patent, copyright, trademark, trade secret, or other intellectual property, proprietary, or contract right of any third party. Huddex shall use all Marks in compliance with all applicable laws and regulations. The ownership and all goodwill accruing to the Marks arising directly from its use by the Huddex shall vest in and insure to the benefit of the Sender.
Third-Party Content and Interactions: Via the Huddex Platform, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform(“Third-party Content”). Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between You and the applicable third party. Huddex, its affiliates and its licensors shall have no liability, obligation or responsibility for any Third-party Content, or such agreements, correspondence, purchase, transaction or promotion between You and any such third party. Huddex does not endorse any Third-party Content, or sites on the Internet that are linked through our Platform, and in no event shall Huddex, its affiliates or its licensors be responsible for any Third-party Content, products, services or other materials on or available from such sites or third-party providers.
Huddex may rely on third-party advertising and marketing supplied through the Platform and other mechanisms to subsidize the Platform. By agreeing to these T&Cs You agree to receive such advertising and marketing. If You do not want to receive such advertising You should notify us in writing.
Copyright Policy: Huddex respects copyright law and the intellectual property of others and expects its Users to do the same. Huddex will deactivate a User’s account that infringes or is reasonably believed to be infringing the rights of copyright holders. If You believe, in good faith, that any materials on our Platform, including any Collective Content, infringe upon Your or another’s copyrights, please send the following to Huddex’s Copyright Agent at the contact information below or to legal@huddex.com:
A description of the copyrighted work that You claim has been infringed, including (a)
sufficient information to locate the specific place on our Platform where the material is
located; (b) an explanation as to why You think an infringement has taken place, (c) a
complete description of the location where the original or an authorized copy of the
copyrighted work exists or an Internet address where the work is posted or the name of the
book in which it was published;
Your address, telephone number, and e-mail address;
a signed statement by You that, in good faith, You believe that the disputed use is not
authorized by the copyright owner, its agent, or law;
a statement by You, made under penalty of perjury, that the information in Your notice is
accurate, and that You are the copyright owner or authorized to act on the copyright owner’s
behalf; and
an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
VIII. MISCELLANEOUS
No Warranties, Express or Implied
The Services and our Platform are provided to You strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability,
fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Huddex to the maximum extent permitted by Applicable Law.
Without limiting the foregoing, neither Huddex nor its affiliates or licensors represent, warrant or
guarantee:
the accuracy or completeness of any content provided through the Platform or the content
of any websites linked to the Platform;
that access to the Services or Platform will be uninterrupted, error-free, secure, timely or
operate on any Device or in combination with any other hardware, application, system or
data;
the results that may be obtained from the use of the Services or Platform;
that the Services or Platform, or the quality of any products, services, information or other
material purchased or obtained by You through the Platform, will meet Your requirements
or expectations;
the timeliness, accuracy, or reliability, of any User;
the timeliness, accuracy, or reliability of our Services or Platform, or any information or
materials provided through or in connection with the use of the Services, Platform or App;
that the Platform is free from viruses, worms, Trojan horses, or other harmful components;
that any errors or defects in the Services or Platform will be corrected; or
that any personal information supplied by You will not be misappropriated, intercepted,
deleted, destroyed or used by others.
Additionally, Huddex does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or any hyperlinked website or featured in any banner or other advertising and Huddex will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services.
Limitations of Liability
NEITHER HUDDEX NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT,WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM AND HUDDEX AND ITSOFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR YOUR RECEIVING OR PROVIDING SERVICES. YOU HEREBY RELEASE HUDDEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR PLATFORM OR
YOUR RECEIVING OR PROVIDING SERVICES OR THE CONDUCT OR MISCONDUCT OF A USER. HUDDEX EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PLATFORM. USE OF OUR PLATFORM, AND RECEIVING OR PERFORMING SERVICES THEREUNDER ARE ENTIRELY AT YOUR OWN RISK. HUDDEX CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PERFORM OR COMPLETE A GIG.
UNDER NO CIRCUMSTANCES WILL HUDDEX, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE TO YOU, ANOTHER USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN ANY USER, ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING
APPEARS ON THE WEBSITE OR IS A USER OF THE PLATFORM INCLUDING FOR PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EVEN IF ALL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOU ACKNOWLEDGE AND AGREE THAT HUDDEX IS ONLY WILLING TO PROVIDE THE PLATFORM FOR YOUR USE IF YOU AGREE TO THE ABOVE LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
Waiver and Release
YOU ACKNOWLEDGE THAT USERS PROVIDING OR RECEIVING SERVICES USING THE HUDDEX PLATFORM MIGHT NOT BE INSURED, LICENSED OR PERMITTED AND YOU EXPRESSLY RELEASE AGREE NOT TO HOLD HUDDEX, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, FROM OR IN ANY WAY RELATING TO A USER’S PERFORMANCE OR RECEIPT OF SERVICES HEREUNDER, OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE PLATFORM WHETHER DURING A GIG, OR OTHERWISE RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES, INCLUDING WITHOUT LIMITATION
ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), FAILURE OF A USER TO BE ADEQUATELY INSURED, LICENSED OR PERMITTED, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HUDDEX OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION WHETHER KNOWN OR UNKNOWN, AND WHETHER OR SUCH CONDUCT, ACT OR OMISSION OCCURS DURING YOUR USE OR ACCESS OF THE PLATFORM OR APP OR DURING THE PERFORMANCE OF A GIG. AND YOU EXPRESSLY WAIVE AND RELEASE HUDDEX FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A USER’S PERFORMANCE OR RECEIPT OF SERVICES HEREUNDER, OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE PLATFORM WHETHER DURING A GIG, OR OTHERWISE.
IF NOTWITHSTANDING THE FOREGOING LIMITATIONS, EXCLUSIONS, WAIVERS AND RELEASES, IT IS DETERMINED THAT HUDDEX OR ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES,
OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID BY OR EARNED BY YOU, AS APPLICABLE, DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
Notices
Huddex may give Users general notices, whether regarding the Platform, these T&Cs, or otherwise via the App and/or electronic mail to Your email address on record in Huddex’s account information. Any legal or formal notices, requests or other communications required or permitted to be given here under shall be in writing and shall be delivered by hand, by overnight courier, addressed to the appropriate party at its address set forth below.
You may give notice to Huddex at any time by email at legal@huddex.com Huddex will give notice to Users at the email and/or physical addresses provided by User when forming their account on the Huddex Platform.
Notices shall be deemed to have been given upon the expiration of five (5) business days after
mailing, if not received sooner, or forty-eight (48) hours after sending (if sent by email).
Relationship Between Huddex, Travelers and Senders
No joint venture, partnership, employment, or agency relationship exists between You and Huddex, any other User, or any third-party provider as a result of Your forming an account on the Huddex Platform, agreeing to these T&Cs or using, providing or receiving Services via the Platform.
Entire Agreement
Unless Huddex has entered into a separate written agreement with a User addressing their access or use of our Platform, our Services and the Delivery Services, these T&Cs, and all agreements and documents referenced herein comprise the entire agreement between You and Huddex superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Huddex regarding Your use of and access to the Huddex Platform, our Services and the Delivery Services. If any provision of these T&Cs is held to be invalid or unenforceable, such provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these T&Cs, and the remaining provisions shall be enforced to the fullest extent under Applicable Law. The failure of Huddex to enforce any right or provision in these T&Cs shall not constitute a waiver of such right or provision.
Notwithstanding the above, if You have entered into a Dispute Resolution and/or Arbitration
Agreement with Huddex and/or any Huddex affiliate You acknowledge and agree such document is part of our agreement governing Your access to and use of the Huddex
Platform; provided that any Dispute Resolution / Arbitration Agreement You have entered into with Huddex and/or any Huddex affiliate is separate and distinct from these T&Cs and no update or modification of these T&Cs creates a renewed opportunity to opt out of such
agreement and/or waiver. If You have entered into any separate agreement(s) with Huddex and/or any Huddex affiliate addressing Your access or use of our Platform, our Services and/or the Delivery Services, You acknowledge that the terms of any such agreement governs Your access to and use of the Huddex Platform, our Services and/or the Delivery Services.
