Terms & Conditions
Website and App Terms of Use
This website and app function as an online marketplace designed to facilitate interactions between Users and Transport Providers. Users can post Jobs (transportation requests), and Transport Providers can submit quotes, with the ultimate goal of completing a Transaction.
Information we are required to provide you
The website and app, www.mydelevry.com, are operated by Noko Group ("we" or "us"), a company incorporated in the United Arab Emirates with company registration number xxxxxxx. Our registered office is located at xxxxxxxxxxxxxxxxxxxx. You can contact us via email at support@mydelevry.com.
These Terms and Conditions are divided into two parts:
Part A: the "General Conditions" that apply to all users.
Part B: the "Supplemental Conditions" that apply to Members (those who have registered for the service).
You may browse most areas of the website and app without registering; in this case, only the
General Conditions will apply to you. However, access to certain features is restricted
to Members, and
to
gain this access, you must register. By registering, you explicitly agree to both the General
Conditions and the Supplemental Conditions.
The Conditions govern your access to and use of the website and app, including any
communication
through email with us. We strongly recommend that you read the Terms carefully before using the
website or app. By using the website or app, you are agreeing to the General Conditions
regardless
of whether you become a Member. If you do not accept these conditions, you should refrain
from
using
the website or app.
We may update the Conditions at any time by posting the changes on the website. It is
your
responsibility to periodically check these Terms to stay informed of any changes. Some specific
legal notices on certain pages of the website may override parts of these Conditions.
Any rights not expressly granted in these Terms are reserved by us
PART A: GENERAL CONDITIONS
DEFINITIONS
ACCESS
While we strive to maintain the website and app's availability around the clock, we cannot be held responsible if, for any reason, the website or app becomes unavailable for any period of time. We may suspend access temporarily for various reasons, such as system failures, maintenance, repairs, or due to circumstances beyond our control.
CONTENT
We make efforts to ensure that the content on the website and app is accurate, but we do not guarantee its completeness or correctness. We may modify or update the content at any time, without prior notice. The content on the website or app may become outdated, and we do not assume any responsibility for updating it. The website and app are provided to you "as is," and we make no warranties regarding the quality or accuracy of the materials provided. You are prohibited from posting or transmitting the following material on or through the website and app:
You must not
misuse the website or app, including attempting un authorised access or hacking.
We will fully cooperate with law enforcement authorities or legal orders requesting the
identification or location of users violating this clause.
LICENSE
We grant you a limited, non-transferable license to view, print, and download extracts from the
website and app for personal use. You may not modify any documents or related graphics in any
way, and you must not separate graphics from their corresponding text. Additionally, our
copyright notices and this permission notice must appear in all copies you make.
All intellectual property rights, including copyrights in the material on the website and app,
are owned by us or our licensors. You may not reproduce, store, or distribute the content
without written permission from us, except as explicitly permitted.
DISCLAIMER
To the fullest extent permitted by law, we disclaim all implied warranties, conditions, or other terms arising from statute, common law, or equity. We will not be held responsible for any losses (direct or indirect) incurred due to your use of the website and app, including:
This does not affect our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other matter that cannot be excluded under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE AND APP
Any personal information we process will be handled according to our Privacy Policy (available at www.mydelevry.com/privacy ). By using the website or app, you consent to the processing of your information as described in the policy.
TERMINATION
We reserve the right to limit your access to the website and app or terminate correspondence with you without notice if
We believe you are abusing the website or violating the Terms and Conditions.
LINKS TO AND FROM OTHER WEBSITES
Links to Third-Party Websites- The website or app may contain links to third-party websites, provided solely for your convenience. By clicking on these links, you will leave the site. We have not reviewed all third-party websites, and we do not control or assume responsibility for their content or availability. We do not endorse or make any representations regarding the materials found on these websites, nor are we responsible for any consequences of using them. Accessing third-party websites is done at your own risk.
Linking to Our Website- If you wish to link to the website or app, you may only do so by linking to the homepage of the site, without replicating it. You must comply with the following conditions:
You may not remove, distort, or alter the appearance of any logos displayed on the site.
You may not create a frame or any browser or border environment around the site.
You may not imply any endorsement by us of products or services other than our own.
You may not misrepresent your relationship with us or provide false information about it.
You may not use any trademarks owned by MyDelevry, whether registered or unregistered, without our express written consent.
You may not link from a website that you do not own.
Your website must not contain content that we, at our sole discretion, deem offensive, distasteful, controversial, or infringing on intellectual property or other rights, or in violation of applicable laws and regulations.
Revocation of Linking Rights- We reserve the right to revoke the permission to link granted in clause 8.2 for any breach of these Conditions, and we may take any appropriate action we deem necessary.
Indemnification- You agree to fully indemnify us against any loss or damage arising from your breach of clause 8.2.
LINKS TO AND FROM OTHER DOMAIN NAME PROTECTION
You agree not to register any domain name that includes the term 'MyDelevry', suggests any connection to us, or in any way tarnishes our reputation.
GENERAL
Scope of the Website- Unless stated otherwise, the website is intended solely for users in the United Arab Emirates. If you access the site from outside the UAE, you are responsible for complying with any local laws applicable in your location.
Jurisdiction Compliance- You warrant that it is legal for you to view the site in your jurisdiction and are responsible for ensuring compliance with all applicable laws in your location while using the site.
Enforcement of Conditions- A delay or failure to enforce compliance with any provision of these Conditions does not constitute a waiver of any other provision.
Third-Party Rights- No provision of these Conditions is enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999.
Severability- If any provision of these Conditions is found to be unlawful, void, or unenforceable, it will be severed, and the remaining provisions will continue in full force and effect.
Entire Agreement- These Conditions represent the entire agreement between you and us regarding the use of the site and supersede any previous agreements or representations regarding the same.
Notices- Any notice required or permitted to be given under these Conditions should be sent by email or facsimile to the appropriate address provided at the beginning of these Conditions, and will be considered sufficiently delivered.
Governing Law- These Conditions are governed by the laws of United Arab Emirates. By using the site, you agree to submit to the exclusive jurisdiction of the courts of UAE.
PART B
SUPPLEMENTAL CONDITIONS
(Applicable only to Members)
Please be aware that these terms are supplementary to the General Conditions. Parts A and B together form the agreement ("Agreement") that governs your registration and membership, and will regulate your actions as a Member.
REGISTRATION
You are responsible for the security of your password and for all actions taken with your username and password.
OUR SERVICES - NEUTRAL VENUE
GENERAL DISCLAIMER
UNLAWFUL TRANSACTIONS
TRANSPORTATION
FEES
CANCELLATIONS
FEEDBACK
NO AGENCY
Nothing herein shall create or be deemed to create any joint venture, agency, or partnership relationship between ourselves and any Members whatsoever. Members shall not hold themselves out as implying any such relationship with us.
ACCOUNT FLAGGING / REPORTING SYSTEM
The website and appare policed by the visitors to it through a flagging system. The flagging system is used to ensure that, insofar as possible, the platform complies with the Conditions. Visitors are able to 'flag' aspects of the platform that do not comply with the Conditions. White flags are located in areas that can be reported. These include: messages, the quote details section, member profiles, and shipment listing information. To flag any part of the text, you may click on the white flag following the text in question, and the white flag will turn yellow. A yellow flag is sent to our team for review. Following the review, the team will either grant a 'green flag,' meaning there was no violation, or a 'red flag,' meaning there was a violation, and the content has been removed. We reserve the right to suspend the Membership of any Member who has received a red flag on more than one occasion.
INFORMATION YOU SUPPLY
FRAUD
FEEDBACK
An important aspect of the platform is the ability of Members to leave feedback about each other (whether positive, neutral, or negative). As described in clause 8, the feedback you receive is likely to influence the choices that other Members make as to whether to negotiate a Transaction with you. Accordingly, to preserve the integrity of the feedback system, you agree not to:
- Improperly influence in any manner, or cause another to improperly influence in any manner, the feedback of a Member;
- Post or attempt to post, in any manner or by any means, a feedback review on your own account.
REJECTION OR REMOVAL OF MEMBERS
CONFIDENTIALITY/ NON-DISCLOSURE
During the course of your Membership, we may disclose to you, or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, or other aspects of our business. You hereby agree that any and all of this information is confidential and shall be our sole and exclusive intellectual property. Any disclosure of our information to a third party (specifically including a direct competitor) is strictly prohibited. All obligations contained herein will survive the termination of this Agreement.
NON-SOLICITATION
During the term of this Agreement, you shall not solicit to employ nor employ any of our employees of whom you become aware through the performance of this Agreement. Furthermore, you shall not otherwise hinder any of our other business relationships, including those with our Members.
USE OF MyDelevry
You agree that you shall not acquire the word "MyDelevry" or any variant that includes the word "MyDelevry" or may be confused with it on Google Adwords or any similar internet advertising service.
NO CONVICTIONS
You represent that you, and any individuals associated with you who will be involved in a Transaction, have not been convicted of a crime related in any way to the shipping and/or transportation or haulage business. Furthermore, you warrant and represent that there are currently no legal proceedings instituted against you that would prevent you from performing a Transaction to which you are a party or your obligations under the Conditions.