Welcome to ArrivedEZ. The ArrivedEZ.com website, (the “Website”), the ArrivedEZ mobile application and associated services (the “Mobile App”) and other services offered by ArrivedEZ are owned and operated by ArrivedEZ.inc. (“ArrivedEZ” “we” or “us”). The Website and Mobile App (the “Platform”) provide a means to enable persons or enterprises (“you” or the “Customer”) who seek same-day courier services to certain destinations (“Services”) to be matched with registered couriers, who may be ArrivedEZ employees or independent contractors (“Couriers”).
These terms of service (these “Terms”) constitute a legal agreement between you and ArrivedEZ. In order to use the Platform and Services you must agree to these Terms. By using the Platform or receiving any Services, including downloading and installing the Mobile App, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as provided herein.
We reserve the right to modify these Terms or its policies relating to the Platform or Service at any time, effective upon posting of an updated version of these Terms on the Platform. You are responsible for regularly reviewing these Terms. Continued use of the Platform or any Service after any such changes will constitute your consent to such changes.
Read our Privacy Policy before using the Platform and Services as it is hereby incorporated into these Terms by reference, and governs our treatment of any information, including personally identifiable information you submit to us. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that we may process such information, within the terms of the Privacy Policy.
Subject to your compliance with these Terms, ArrivedEZ hereby grants you a limited, nonexclusive, non-transferable license: (i) to view, download and print any publicly available ArrivedEZ content solely for your personal and non-commercial purposes; and (ii) to view any other content on the ArrivedEZ Platform to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sub-license the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon distribution, license, sell, transfer, public display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Service, except as expressly permitted herein. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ArrivedEZ or its licensors, except for the licenses and rights expressly granted herein.
In addition to these Terms, Your use of the Mobile App is subject to the following additional terms (the “App Terms”): You understand and agree that:
You hereby agree that you will:
You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Mobile App for your device. ArrivedEZ is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Mobile App. ArrivedEZ reserves the right to terminate these Terms and the App Terms should you use the ArrivedEZ Platform and Services with an unauthorized device.
In order to access the Service, you will be required to register for a ArrivedEZ account (an “Account”). You agree to:
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You are responsible for all reasonable costs incurred by ArrivedEZ in attempting to obtain payment of Fees, including any attorneys’ fees, collection agency fees, interest fees and court costs.
You represent and warrant to ArrivedEZ that you will:
You further represent, warrant and covenant that:
You are not permitted, directly or indirectly, to:
By using the Platform and Services, you agree that you:
Federal law limits your liability for unauthorized charges to your Account. The Fair Credit Billing Act (“FCBA”) states that your Credit Card provider cannot hold you liable for more than $50 in the unlikely event a fraudulent charge occurs on your Account. ArrivedEZ will pay up to $50 of your liability if your Credit Card is used fraudulently on the Platform.
We will assume the aforementioned $50 liability, only if, the unauthorized use of your payment method resulted through no fault of your own from purchases made on the Platform while using our secure server. In the event of unauthorized use of your payment method, you must notify your Credit Card provider in accordance with the FCBA reporting rules and procedures.
We reserve the right to terminate or restrict your Account, these Terms, or the use of any or all of the ArrivedEZ Platform and Services, without notice, for any reason. You agree that ArrivedEZ will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms.
You further agree to the following “Terms of Carriage” for all ArrivedEZ Services provided. These Terms of Carriage apply to ArrivedEZ, it’s Couriers, employees, and contractors.
Our pricing estimates are based on deliveries that are less than 40 pounds and can fit easily in a passenger car, van or SUV. Packages that require special handling due to their cubic volume, shape, size, or weight over 40 pounds will require additional coordination and may be subject to additional charges or delivery time.
A Courier will arrive to pick up your package at a time based on the estimated time of arrival (“ETA”) quoted to you on the Platform. If your package is not ready for pickup within 5 minutes of the quoted ETA or the Courier arriving (whichever is later), or if your shipment is improperly packaged and the Courier incurs a delay waiting for the package to be properly prepared, your ArrivedEZ may need to be rescheduled at the Courier’s sole discretion, or ArrivedEZ may elect to charge an additional $0.50 USD per minute until the package is ready for pickup or adequately prepared for shipping.
The following items are also restricted and may not be acceptable for shipment by ArrivedEZ: alcohol; beverages; any kind of drugs; firearms; fireworks; tobacco products; flammable or dangerous goods or hazardous materials (except dry ice); money, cash, coins, currency, paper money, endorsed stocks, bonds and cash letters; live humans or animals of any kind; fragile or very expensive or rare items; human corpses and/or cremated remains; used hypodermic needles and syringes or medical waste; packages that require us to obtain a federal state or local license for transportation; packages that may cause damage or delay to equipment, personnel, or other packages; gaming devices (such as lottery tickets) where prohibited by federal, state or local laws; packages whose carriage is prohibited by law, statute or regulation of the state in which the package may travel; stolen goods; any items which you do not have the right, standing or permissions to ship.
ArrivedEZ does NOT provide services for shipping Dangerous Goods or Hazardous Materials. We do accept dry ice shipments and bio-medical materials.
ArrivedEZ and its Couriers reserve the right to refuse, hold, or return a package at all times. A package may be refused if:
ArrivedEZ and its Couriers do not offer Collect on Delivery (“COD”) service under any circumstances. Please do not ask our Couriers to pay for items at pickup and wait to be compensated for out-of-pocket payments upon delivery.
Once a Courier has accepted a submitted ArrivedEZ request, any cancellation or changes must be made before the Courier arrives at the Pickup Address. If the delivery is cancelled any time after arrival at the Pickup Address, the full charges may apply.
If the recipient is not available or if the delivery address provided cannot be found at the time of delivery we will attempt to contact both the recipient and sender for instructions. We will not leave a delivery unattended or unacknowledged without the express verbal permission of the sender. If, after reasonable attempts, the Courier is unable to complete the delivery, we will return the delivery to the sender. Return to sender trips, re-routing and any re-delivery attempts will result in additional charges to the sender.
ArrivedEZ will attempt to compete delivery to the address provided by the sender at the time of order submission. It is the sender’s sole responsibility to provide ArrivedEZ with the correct destination address for the intended recipient, and the sender agrees that ArrivedEZ will not be responsible for any losses, damages or other issues caused by delivery to the address provided by the sender. A signature from an adult at the submitted destination address will serve as evidence of the completion of delivery as agreed upon, if requested.
In the case that the sender provides ArrivedEZ with the wrong destination address, ArrivedEZ or its Couriers will attempt to contact the shipper and receiver to obtain the correct destination address. Additional charges may be incurred for any delays due to incorrect shipping information.
Re-routing requests placed once a package is in transit will be honored, but may be subject to additional delivery charges, hold fees, or delays.
If the recipient refuses to accept delivery of a package, we will, when feasible, contact the sender for instructions on returning or disposing of the package. If the sender requests return of the package, the sender will incur further charges for the return of the package subject to standard ArrivedEZ rates. If a package cannot be delivered to the original recipient, or returned to the original sender, the package may be held, transferred or disposed of by ArrivedEZ in its sole discretion, with or without notice, and the shipper agrees to pay any costs incurred in the package hold, transfer, or disposal.
We may, but are not obligated to, open and inspect any package or shipment at our sole discretion without prior notice.
The courtesy rate reflected in the “Quick Quote” provided by us, if shown, may be different than the actual final charges for your delivery. Differences may occur based on actual weight, dimensions, time, distance, and other factors. Consult the applicable ArrivedEZ FAQ for details on how shipping charges are calculated and quoted.
Any Fees due immediately and are non-refundable, unless a prior invoicing arrangement has been made with ArrivedEZ. ArrivedEZ reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.
ArrivedEZ may make promotional offers to some or all of its customers. These offers may include different features and rates. Unless offered to you, these promotional offers will not change your existing rates or contract. ArrivedEZ may change its ‘Fees’ at any time for any reason.
During use of the 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. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. ArrivedEZ and its licensors will have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party.
ArrivedEZ does not endorse any sites on the Internet that are linked through the Platform, and in no event will ArrivedEZ or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of goods and services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and ArrivedEZ disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
ArrivedEZ may utilize third party advertising and marketing supplied through the Platform and other mechanisms to subsidize the Platform and Services. By agreeing to these Terms you agree to receive such advertising and marketing. ArrivedEZ may compile and release information regarding you and your use of the Platform or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Platform.
You agree that you will defend, indemnify and hold ArrivedEZ, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
ArrivedEZ does not represent or warrant that (a) the use of the platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) the service or platform will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the platform will meet your requirements or expectations, (e) errors or defects in the service or platform will be corrected, or (f) the platform or the server(s) that make the platform available are free of viruses or other harmful components. The platform is provided to you strictly on an “as is” Basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchant ability, fitness for a particular purpose, or non-infringement, are hereby disclaimed to the maximum extent permitted by applicable law by ArrivedEZ. You acknowledge and agree that the entire risk arising out of your use of the platform and service, and any third party services or products remains solely with you, to the maximum extent permitted by law.
The ArrivedEZ platform and services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. ArrivedEZ is not responsible for any delays, delivery failures, or other damage resulting from such problems.
In no event will ArrivedEZ or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). ArrivedEZ and its licensors will not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the platform or service, including but not limited to the use or inability to use the platform or service, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the platform, even if ArrivedEZ or its licensors have been previously advised of the possibility of such damages.
ArrivedEZ may give notice by means of a general notice on the Platform, electronic mail to your email address on record, or by written communication sent by first class mail or pre-paid post to your address on record. Any notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to ArrivedEZ at any time by any of the following:
All notices sent by you will be deemed given when actually received by ArrivedEZ.
By using any portion of the ArrivedEZ Platform and Services, you agree to receive notices and electronic communications from ArrivedEZ. These communications may include information about your Account or information related to the ArrivedEZ Platform, Service, and features. You agree that any notice, agreements, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
ArrivedEZ may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the ArrivedEZ Platform and Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ArrivedEZ’s rights or property, or the rights or property of visitors to or users of the ArrivedEZ Platform and Services, including ArrivedEZ’s customers. ArrivedEZ reserves the right at all times to disclose any information that ArrivedEZ deems necessary to comply with any applicable law, regulation, legal process or governmental request. ArrivedEZ may also disclose your information when ArrivedEZ determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to ArrivedEZ, for which monetary damages would be inadequate, and you consent to ArrivedEZ obtaining any injunctive or equitable relief that ArrivedEZ deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ArrivedEZ may have at law or in equity.
These Terms and any dispute arising out of or related to it or the Platform or Services will be governed in all respects by the laws of the State of Texas, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ArrivedEZ must be resolved exclusively by a state or federal court located in Travis County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims or disputes.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, and the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction.
You and ArrivedEZ agree that if any portion of these Terms or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which will continue to be in full force and effect.
ArrivedEZ may assign or delegate these Terms and the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without ArrivedEZ’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
These Terms and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and ArrivedEZ, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and ArrivedEZ with respect to the Platform and Services.
The failure of ArrivedEZ to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them will not be construed as a waiver or relinquishment of ArrivedEZ’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by ArrivedEZ of any provision, condition, or requirement of these Terms or the Privacy Policy will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by ArrivedEZ will be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of ArrivedEZ.
ArrivedEZ will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including without limitation any failure to perform here under due to unforeseen circumstances or cause beyond ArrivedEZ’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If you have a question or concern about these Terms of Service, please contact ArrivedEZ Support by mail:
ArrivedEZ Customer Service
info@arrivedez.com
