Collection of Information
CATEGORIES OF NON-PUBLIC PERSONAL INFORMATION
Information You Provide to Us
We collect nonpublic personal information you provide to us when you apply for a Mule2Go account or when you communicate with us about your Mule2Go account. The types of information we may collect include your name, address, phone number, email address, date of birth, bank account information, social security number, username, password, and any other information you choose to provide.
Information About Your Transactions With Us
As you use your Mule2Go account to create and perform deliveries, we collect nonpublic personal information in connection with each transaction, including transaction time, dollar amount and delivery details. We may also collect photos, memos or other information that you attach to your transactions.
Information From Other Sources
When you create a Mule2Go account, we may collect information, including nonpublic personal information, about you from nonaffiliated third party service providers in order to verify your identity and for fraud prevention, including your prior addresses and names.
OTHER INFORMATION WE COLLECT
We may also collect other information from you that is not connected with a Mule2Go account as follows:
Information You Provide to Us
We may collect information you provide to us, such as your name, email address and any other information you choose to provide. For example, we may collect such information if you refer someone to create a Mule2Go account or if you enter into any contest or promotion.
Information We Collect Automatically from our Services
When you access or use our Services, we automatically collect information about you as follows:
- Log Information: We log information about your use of our Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information on our Services and other websites, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular and count visits. For more information about cookies, and how to disable them, please see “Your Choices” below. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.
Use of Information
We may use your information, including nonpublic personal information as follows:
- Provide, maintain and improve our Services;
- Provide and deliver the products and services you request, conduct deliveries, process transactions and send you related information, including confirmations;
- Verify your identity and prevent fraud;
- Send you technical notices, updates, security alerts and support and administrative messages;
- Respond to your comments, questions and requests and provide customer service;
- Communicate with you about products, services, offers, promotions, rewards, and events offered by Mule2Go and others, and provide news and information we think will be of interest to you;
- Monitor and analyze trends, usage and activities in connection with our Services;
- Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
- Process and deliver contest or promotion entries and rewards;
- Link or combine with information we get from others to help understand your needs and provide you with better service; and
- Carry out any other purpose for which the information was collected.
Mule2Go is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
Disclosure of Information
We may disclose any information we collect about current and former customers, including nonpublic personal information, to affiliates and non-affiliated third parties as follows:
(1) With third parties who perform Mule2Go services in connection with your Mule2Go account;
(2) With another user, when you sign up for Mule2Go’s services via a referral link. The user that referred you may receive information indicating that you have enrolled with Mule2Go. You may avoid this sharing by not using a referral link to enroll;
(3) With non-financial companies, such as email service providers that perform marketing services on our behalf, and fraud prevention service providers that use the information to provide services to Mule2Go and other companies;
(4) With other nonaffiliated companies for our everyday business purposes, such as to process transactions, maintain accounts, respond to court orders and legal investigations or report to credit bureaus. For example, in connection with our everyday business purposes, we may share information about you as follows:
- In response to a request for information, if we are required by, or we believe disclosure is in accordance with, any applicable law, regulation or legal process;
- With relevant law enforcement officials or other third parties, such as investigators or auditors, if we believe it is appropriate to investigate fraud;
- If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Mule2Go or others;
- In connection with, or during negotiations of, any merger, sale of Mule2Go’s assets, financing or acquisition of all or a portion of our business to another company; and
- With your consent or at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide such information.
We may also share aggregated or de-identified Information, which cannot reasonably be used to identify you. For example, we may share transaction zip codes and merchant names with third parties to improve our accuracy in geo-locating transactions and to improve the clarity of transaction descriptions.
You may edit your account profile information by logging into your account via our Services. If you wish to deactivate your online account, please contact us, but note that we may retain certain information as required by law or for legitimate business purposes.
You may opt out of receiving promotional emails and text messages from Mule2Go by following the instructions in those messages. Please note that if you opt out, we may still send you transactional or relationship messages, such as those about your account or our ongoing business relations.
If you initially consent to the collection of location information by Mule2Go or Google Maps within our mobile application, you may be able to subsequently stop this collection through your device operating system settings or through your online account settings. If either of these opt-out options are not available to you, you may also disable location information by following the standard uninstall process to remove our mobile application from your device.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Social Sharing Features
Our Services may include social sharing features for common social networks to let users share content. These features are served from third-party services that may serve their own cookies. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Analytics and Advertising Services Provided by Others
Mule2Go takes reasonable measures to help protect all information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Additionally, Mule2Go implements policies designed to protect the confidentiality and security of your nonpublic personal information. Mule2Go limits access to your nonpublic personal information to employees that have a business reason to know such information, and implements security practices and procedures designed to protect the confidentiality and security of such information and prohibit unlawful disclosure of such information in accordance with its policies.
1040 West Marietta St
Atlanta, GA 30318
Terms and Conditions
THIS USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH MULE2GO, INC. OFFERS YOU AN INDIVIDUAL WITHIN THE UNITED STATES ACCESS TO THE MULE2GO PLATFORM.
These Terms and Conditions (“T&C“) set forth the terms and conditions Mule2Go, Inc., a Delaware corporation (“Mule2Go” or “Mule2Go, Inc.“) requires you to abide by if you want to use or receive any services supplied by Mule2Go (collectively, “Services“), or download, install or use any associated application or website which purpose is to enable you to use the Services (collectively, “Applications“). The terms and conditions stated or referenced herein constitute a legal agreement between you and Mule2Go, Inc. By using or receiving any Services, or downloading, installing or using any Applications, you hereby expressly acknowledge and agree to be bound by the terms and conditions contained herein, and any future amendments and additions to these T&C as published from time to time at http://www.mule2go.com or through our Services. Upon such using or receiving our Services or Applications you become a “User” of Mule2Go’s Services and Applications, whether as a “Driver” or a “Customer“, as further described to as such herein. In this Agreement the words “including” and “include” mean “including but not limited to”.
In addition to the T&C set forth herein, both Drivers and Customers are subject to and must abide by the Mule2Go Drivers Agreement found here and the Mule2Go Customers Agreement found here. The Drivers and Customers Agreements are incorporated into these T&C and made a part hereof by this reference.
Mule2Go, Inc. reserves the right to modify the terms and conditions of these T&C or any of its policies relating to our Services or Applications at any time, effective upon posting of an updated version of the T&C on our website www.mule2go.com. You are responsible for regularly reviewing these places for any updates to the T&C. Continued use of our Services or Applications after any updates shall constitute your consent to such all changes to the T&C contained in such update.
The Services constitute a technology platform that enables users of Mule2Go’s mobile applications or websites provided as part of the Services (collectively “Applications”) to arrange and schedule deliveries and/or logistics services with third party providers of such services, including independent third party delivery transportation providers and third party logistics providers under agreement with Mule2Go. Unless otherwise agreed by Mule2Go in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
MULE2GO DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES, WE ARE NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY DRIVER OR VEHICLE OPERATOR TO OFFER AND PROVIDE THE PICK-UP, CARRY AND DELIVERY SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF OUR APPLICATIONS OR SERVICES. MULE2GO OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THE PICK-UP, CARRY AND DELIVERY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PICK- UP, CARRY AND DELIVERY SERVICES PROVIDED TO YOU THROUGH OUR APPLICATIONS OR SERVICES.
OUR SERVICES UNITE DRIVERS AND CUSTOMERS
Our Applications and Services make possible a connection between those individuals and/or businesses that want to contract with someone to pick-up, carry and/or deliver personal property and goods (“Customers”) and those individuals and/or businesses seeking to perform the pick-up, carrying and delivery services requested by a Customer (“Drivers“). We refer to the services provided by a Driver as a “Delivery“, and the personal property and goods being picked-up, carried and/or delivered as “Orders“. Drivers and Customers together are referred to as “Users“.
Mule2Go may conduct background checks on Users however is not guaranteeing that background checks will be performed. If Mule2Go decides to conduct background checks or screening processes at anytime, performance of these checks shall not not be taken as confirmation that any User is who they claim to be. Mule2Go has no responsibility for the accuracy or reliability of the identity or background check information or any information regarding a User provided through our Services or Applications. Notwithstanding the above, Mule2Go reserves the right to conduct such checks and screening of Users at any time as it deems appropriate in its sole discretion, including but not limited to verification of identities and criminal background checks (at the Country, State and local level as we deem necessary or appropriate). Mule2Go also reserves all rights to use such third party services to run such checks and processes as we deem appropriate at our sole discretion. By registering and using the Services or the Applications, each User consents to Mule2Go conducting any screening processes and/or background checks that Mule2Go deems advisable and as often as Mule2Go deems necessary and as may be required for compliance with federal and state laws and the Fair Credit Reporting Act.
OUR SERVICES MAKE SHOPPING EASIER FOR YOU
Mule2Go may purchase product on behalf of Customers and charge Customers’ valid credit card for the value of the product to create an Order. By registering and using the Services or the Applications, each Customer consents to allow Mule2Go to purchase product on their behalf after confirming which items to purchase from a visual list supplied via the Applications or SMS text. Customer consents that any agreement to purchase products including verbal, written and text within the Applications or SMS gives Mule2Go consent to purchase product on Customer’s behalf. Mule2Go reserves the right to charge Customers a service fee for ordering product on behalf of the Customer to create Orders.
Use of Services
In order to use most aspects of the Services, you must register for and maintain an active personal user of the Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Mule2Go certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or Mule2Go’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Users unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to any User or other party. In certain instances Mule2Go may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
You may only access the Services using the Applications or other specifically authorized means. It is your responsibility to check to ensure you download the correct Applications for your mobile, tablet, computer or similar device (“Device“). Mule2Go is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the Applications for your Device. Mule2Go reserves the right to terminate your use of our Services or Applications if you do so with an incompatible or unauthorized Device.
By using our Applications or Services, you agree that:
- You will only use the Applications and Services for your own use and will not resell to a third party.
- You will only create one Customer and/or one Driver account.
- You will keep secure and confidential your User account password or any identification we provide you which allows access to our Applications or Services.
- You will provide Mule2Go 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, including Mule2Go.
- You will not represent yourself to be an agent, representative, employee or affiliate of Mule2Go
- You will only use the Services or Applications for lawful purposes and in accordance with all applicable laws and regulations.
- You will not use the Services or Applications for sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a crime.
- You will not stalk, intimidate, threaten or otherwise harass or cause distress to any third-party, including other Users.
- You will not copy, or distribute the Applications or text, graphics, images, music, software (in addition to the Applications), audio, video, information or other like materials (“Content“) without written permission from Mule2Go.
- You will not use our Services or Applications in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Services or Applications.
- You will only use an access point or 3G data account (AP) which you are authorized to use.
- You will act responsibly, exercise good judgment and take care when using our Services and interacting with Users.
- You will not infringe the rights of any third party (including Users) and including, intellectual property, privacy, publicity or contractual rights.
- You will not collect or store any information about any other User other than as permitted through Services or Applications.
- You will not assist any third-party in any of the above.
Subject to your compliance with these T&C, Mule2Go grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal use. Any rights not expressly granted herein are reserved by Mule2Go and Mule2Go’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Mule2Go; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
ORDER DELIVERY RESTRICTIONS
All Drivers are prohibited from knowingly accepting an Order or picking-up an Order containing the following personal property:
- cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB);
- Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount;
- Any "Hazardous Material" as defined by the U.S. Department of Transportation (DOT) and codified in Title 49 Code of Federal Regulations (49 CFR), not including those Hazardous Materials in small or excepted quantities as defined in 49 CFR;
- Any animal;
- Any prescription or over the counter medicine that has not been paid for and is being delivered to a person other than the purchaser or the prescription holder;
- Any Order that contains items(s) with a value in excess of $10,000;
- Cremated Remains;
In the event an Order containing a Mule2Go prohibited Item is found en route during a Delivery or otherwise, that Order will be stopped at the location of the discovery. Any Driver discovering a Mule2Go prohibited Item in an Order shall immediately notify Mule2Go at firstname.lastname@example.org for further direction. Mule2Go reserves the right to dispose of the Order in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the Order, including delivery to the proper authorities.
The Services and all rights therein are and shall remain Mule2Go’s property or the property of Mule2Go’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Mule2Go’s company names, logos, product and service names, trademarks or services marks or those of Mule2Go’s licensor.
Billing and Payment
Users of our Services and Applications make their Delivery contracts directly with other Users. Mule2Go is not and will not be a party to any delivery contracts between Users. Users may make Order payments directly to Mule2Go.
Users of our Services and Applications will be required to provide their credit card or bank account details to Mule2Go and the Payment Service Provider retained by Mule2Go (the “PSP”). Customers will be responsible for paying the invoice for each Order and Delivery contracted for (the “Invoice”), which will include the pricing terms of the Delivery as agreed with and provided by a Driver, any out of pocket expenses agreed with and submitted by a Driver in connection with the Delivery, any tip or gratuity, if applicable, any cancellation or no-show fee, and the fee Mule2Go assesses for use of its Services and Applications (combined, the “Delivery Payment”). Any fees that Mule2Go may charge a Driver or Customer for their use of the Applications or Services, are due immediately and are non-refundable and this no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Applications or Services either planned, accidental or intentional, or any reason whatsoever. Mule2Go reserves the right to determine final prevailing pricing and the pricing information published on the Mule2Go website may not reflect the current pricing. Mule2Go at its sole discretion, may make promotional offers with different features and different rates to any of our Users. These promotional offers, unless made directly to you, shall have no bearing whatsoever on your offer or contract. Mule2Go may change the fees for our Services and/or Applications, as we deem appropriate. We encourage all of our Users to check back at our website periodically if you are interested about how we charge for the Services or Applications.
All of our Users are automatically opted-in to receive SMS messaging when signing up for our Services and Applications and must agree to receive SMS messages in order to use our Services and Applications. A User can request, accept and cancel Deliveries via SMS and get notifications regarding a Delivery, as determined by Mule2Go. Message and data rates may apply. If you change your mobile phone service provider all SMS messaging services from Mule2Go may be deactivated and you will need to re-enroll in the SMS notification service. Mule2Go reserves the right to cancel the notification service at any time.
Protection Plan and Coverage
Mule2Go wants you to feel confident that your Order is in good hands. The Mule2Go Protection Plan provides reimbursement for loss or damages arising from theft or property damage to our Customers’ Order arising directly from a Driver’s negligence in performance and fulfillment of a Delivery up to $500.00 per Order, per occurrence. To qualify for the Mule2Go Protection Plan, the Customer must declare the value of all items in the Order, and complete a claim form and provide proof of value.
PLEASE BE AWARE THAT NO MATTER WHAT VALUE YOU DECLARE FOR YOUR Order Mule2Go'S MAXIMUM LIABILITY TO YOU IS $500.00
The declared value for any Order is not insurance coverage by Mule2Go. but represents Mule2Go's maximum liability for all items contained in the Order in the case of loss or damage. Mule2Go. will not reimburse you more than $500 for any Order, no matter how many items are included in the Order and no matter the actual value for the personal property contained therein. Customers sending Orders containing items with a total value exceeding $500 do so at their own risk.
FILING A CLAIM AND RETURNS
If you believe your Order is lost, stolen or damaged, follow these steps to begin the claims process. In the case of damage, keep all of the packaging materials as they may need to be examined as part of the claims process. In the case of a lost or stolen Order, follow the Lost or Stolen Order Claim Process. Mule2Go may use a third-party provider to manage the claims process.
Mule2Go does not accept returns at this time. If you made a mistake in your order or want to return it for any reason, you must return it along with your store receipt to the retailer from which the item was originally purchased.
MULE2GO NOT RESPONSIBLE FOR PERFORMANCE OF DRIVERS OR CUSTOMERS
Our Services and Applications enable connections between our Users to contract for Services; however Mule2Go. is not responsible for the performance, actions or inactions of any User, whether identified through our Services, our Applications, in public, private, or offline interactions, or otherwise. You acknowledge and agree that Mule2Go does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any User, or the failure of any User to provide the services requested or payment required therefor, or for any other aspect whatsoever of a Delivery or Order nor for the integrity, responsibility or any of the actions or omissions whatsoever of any Users. You acknowledge and agree that Mule2Go does not have control over, and has no responsibility for, any damage to the content(s) of an Order, whether during a Delivery or otherwise.
MULE2GO NOT RESPONSIBLE FOR CONDUCT OF DRIVERS OR CUSTOMERS
NEITHER MULE2GO NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES OR APPLICATIONS AND MULE2GO AND ITS AFFILIATES AND LICENSORS ARE NOT LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE APPLICATIONS. BY USING THE SERVICES OR APPLICATIONS YOU THEREBY RELEASE MULE2GO AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICES, APPLICATIONS OR THE CONDUCT OR MISCONDUCT OF A USER.
Cancellation and No-Show Policy
CANCELLATION BY CUSTOMERS
If a Customer needs or wants to cancel a Delivery, please cancel the request as soon as possible. This will notify the Driver and free them up to accept other Deliveries from other Customers. What Happens When a Customer Cancels or is a No Show? A Delivery is deemed a no-show if the Customer cancels the Delivery once a Driver is already on his way to fulfill the Delivery (“Cancellation“). A Customer will be considered a no-show if the Customer is not available at the specified location more than 15 minutes after the Driver arrives at the Delivery location without messaging or otherwise contacting the Driver through the Application, or (2) more than 30 minutes after the arrives at the Delivery location, whether or not Customer has contacted the Driver (“No-Show“). If either No-Show occurs, a $10 no-show fee may automatically be charged to the Customer’s account. A Customer will not be charged a no-show fee if they cancel a Delivery due to a Driver’s No-Show, or if they cannot contact a Driver during the performance of their Delivery due to failure of the app. 100% of all Customer Cancellation fees are paid to our Drivers. If a Customer has 3 No-Shows then Mule2Go may suspend or deactivate the Customer’s account, in its sole discretion.
CANCELLATION BY DRIVERS
If a Driver needs or wants to cancel a Delivery, the Delivery should be canceled as soon as possible. This will notify the Customer and allow them to contract with another Driver to accept the Delivery. To cancel a Delivery, tap Cancel on the Delivery Details screen within the Mule2Go Application. What Happens When A Driver Cancels or is a No Show? As with the Customer, a Delivery is deemed canceled if the Driver cancels after accepting the Delivery, provided that a Driver may cancel a Delivery within 10 minutes of being selected for such Delivery without penalty (“Cancellation“). A Driver will be considered a No-Show if he/she fails to arrive at the delivery location more than 20 minutes after the estimated delivery arrival time without calling, messaging or otherwise contacting the Customer through the Application, or (2) more than 60 minutes after the estimated delivery time, whether or not Driver has contacted the Customer (“No-Show“). A Driver will not be charged a fee if they cancel a Delivery due to a Customer’s No-Show or if they cannot accept the Order due to restrictions in these T&C or other restrictions under applicable law. If a Driver has 3 Cancellations or No-Shows then Mule2Go may suspend or deactivate the Driver’s account, in its sole discretion. Mule2Go may reactivate any Driver or Customer account suspended or deactivated by Mule2Go in its sole discretion.
You agree to indemnify and hold Mule2Go and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Mule2Go’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Disclaimer of warranties and liability
MULE2GO EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SERVICES OR APPLICATIONS. USE OF OUR SERVICES AND APPLICATIONS ARE ENTIRELY AT YOUR OWN RISK.
The Services, Orders and Applications 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 noninfringement and all warranties are hereby disclaimed by Mule2Go to the maximum extent permitted by applicable law. Mule2Go makes no warranties or representations about the accuracy or completeness of any content provided through the Services or Applications or the content of any websites linked to the Services and Applications. Mule2Go does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the service or any hyperlinked website or featured in any banner or other advertising and Mule2Go 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, other than as provided herein.
Without limiting the foregoing, neither Mule2Go nor its affiliates or licensors warrant or guarantee: that access to the Services or Applications will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data; as to the results that may be obtained from the use of the Services or Applications; that the Services or Applications, or the quality of any products, services, information or other material purchased or obtained by you to create Orders through the Services or the Applications, will meet your requirements or expectations; as to the timeliness, accuracy, reliability, completeness or content of any Driver, Customer, Order, Services or Applications, information or materials provided through or in connection with the use of the Services and Applications; that the Services or Applications are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Services or Applications will be corrected; or that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
YOU ACKNOWLEDGE AND AGREE THAT MULE2GO IS ONLY WILLING TO PROVIDE THE SERVICES AND APPLICATIONS IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD MULE2GO, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, 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, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICES OR APPLICATIONS, 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), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY MULE2GO OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL MULE2GO, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE APPLICATIONS, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. MULE2GO DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICES OR APPLICATIONS. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MULE2GO OR ITS AFFILIATES, ITS LICENSORS, 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 FEES PAID BY YOU TO MULE2GO DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. MULE2GO’S SERVICES AND APPLICATIONS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MULE2GO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MULE2GO AND/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). MULE2GO AND/OR ITS LICENSORS SHALL 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 SERVICES OR APPLICATIONS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES OR APPLICATIONS, 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 SERVICES OR APPLICATIONS, EVEN IF MULE2GO AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MULE2GO MAY INTRODUCE YOU TO THIRD PARTY PROVIDERS FOR THE PURPOSES OF PROVIDING PICK-UP, CARRY AND DELIVERY OF ORDERS. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS TO PROVIDE OR COMPLETE A DELIVERY AND YOU EXPRESSLY WAIVE AND RELEASE MULE2GO FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDER. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING PICK-UP, CARRY AND DELIVERY SERVICES REQUESTED THROUGH THE MULE2GO APPLICATIONS MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED. MULE2GO WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. MULE2GO CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATIONS OR SERVICES (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE MULE2GO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATIONS OR SERVICES, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATIONS OR SERVICES. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THE QUALITY OF THE PICK-UP, CARRY AND DELIVERY SERVICES SCHEDULED THROUGH THE USE OF THE SERVICES OR APPLICATIONS IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE APPLICATIONS AND THE SERVICES, YOU MAY BE EXPOSED TO THIRD-PARTIES AND CONTENTS OF SHIPMENTS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE.
Suspension and termination of account and services
WITHOUT LIMITING ANY OTHER REMEDIES, MULE2GO MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNTS OR ACCESS TO MULE2GO SERVICES, APPLICATIONS OR ANY PORTION THEREOF IF YOU ARE, OR MULE2GO SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF Ts AND Cs OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, APPLICATIONS OR ANY PORTION THEREOF WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATIONS, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, APPLICATIONS OR ANY PORTION THEREOF, AND MULE2GO IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, 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 OUR SERVICES, APPLICATIONS 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 OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE THE ACCOUNTS OF ANY USER WHO MAY BE A REPEAT INFRINGER OF ANY OF OUR RULES OR TERMS OF SERVICE. MULE2GO RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS. Mule2Go reserves the right to stop offering and/or supporting our Services, Applications or any particular portion or part of our Services or Applications at any time, at which point your license to use the Service, Application or a part thereof will be automatically terminated. In such event, Mule2Go shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services or Applications.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Mule2Go, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Mule2Go are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Mule2Go otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
ARBITRATION RULES AND GOVERNING LAW.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
MULE2GO DRIVERS AGREEMENT
This Mule2Go Drivers Agreement is a part of Mule2Go’s Terms and Conditions (“T&C”) located and is incorporated herein by this reference. This Agreement uses the same capitalized terms as the T&C if not otherwise defined below. By using our Services or Applications, each driver (a “Driver“) of any vehicle used to pick-up, carry and/or deliver personal property or goods (a “Order“) for a third-party (a “Customer“) using the Services and Applications (each,“Driver“) represents, warrants, acknowledges and agrees that he/she:
- is at least 18 years of age and has all right and authority to lawfully enter into the terms of this Agreement on his/her own behalf or on behalf of an entity that is the other party hereto;
- possesses a valid driver’s license;
- has all appropriate licenses, approvals and authority to accept and complete a Delivery as contracted
- through the Services and the Applications, including in all jurisdictions in which such Driver picks-ups,
- carries and/or delivers a Order for the Delivery;
- will not accept Orders that require him/her to hold any licenses or other authorizations from any governmental authority with jurisdiction over him/her, the vehicle he/she operates, or the contents of the delivery without possessing valid licenses or authorizations for the same;
- owns, or has the legal right to operate, the vehicle used in a Delivery, and such vehicle is currently in good operating condition and will be in good operating condition at all times during the Delivery;
- is named or scheduled on the insurance policy covering any vehicle used by him/her during a Delivery;
- has a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of his/her vehicle carry and is responsible for and will make all necessary contacts with such his/her insurance carrier in the event of a motor vehicle accident or claim against his/her insurance policy;
- any vehicle used during a Delivery meets such industry safety standards and statutory, federal DOT and state department of motor vehicle requirements as may be applicable to the vehicle operated by the Driver while on a Delivery;
- will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle he/she uses during a Delivery, including, but not limited to personal injuries, death and property damages;
- will not knowingly pick-up, carry and/or deliver an Order or any items contained in an Order that are prohibited in the T&C;
- will not make any misrepresentation regarding Mule2Go, the Services, the Applications, or his/her status as a Driver, or otherwise seek non-voluntary compensation from any third-party Order, or engage in any other activity in a manner that is inconsistent with his/her obligations under this Agreement or the T&C;
- while on a Delivery, will only use a vehicle that he/she has reported to Mule2Go using the Applications and as required therein;
- will only accept Orders that have been contracted through the Mule2Go Applications using the Applications and as required therein;
- will not contract for or deliver any orders for any other companies while delivering an Order for Mule2Go
- will only contract for or arrange a Delivery (or other similar services) with a Mule2Go User through Mule2Go’s Services and Applications and will not engage in outside transactions with any User;
- he/she is not a mover and under no circumstances is required to lift or otherwise move any Order, including placing them in or removing them from his/her vehicle, during the Delivery and he/she is not or responsible for lifting or otherwise moving any Order during a Delivery. If a Driver lifts or otherwise moves a Order for a Customer he/she does so at the Customer’s and the Driver’s own risk and Mule2Go has no liability to either party for any claim, loss or damage related thereto;
- will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
- Acknowledges and agrees that this Agreement is made anew for each and every Delivery accepted by him/her
Mule2Go Customers Agreement
This Customers Agreement is a part of Mule2Go’s Terms & Conditions (“T&C”) and is incorporated herein by this reference. This Agreement uses the same capitalized terms as in the T&C if not otherwise defined below.
By using our Services or Applications, each person or company (a “Customer“) who contracts with a Mule2Go driver (a “Driver“) to pick-up, carry and/or deliver personal property or goods (a “Order“) using the Services and Applications (each, a “Delivery“) represents, warrants and agrees that he/she:
- is at least 18 years of age and has all right and authority to lawfully enter into the terms of this Agreement on his/her own behalf or on behalf of an entity that is the other party hereto;
- owns or otherwise has the full right and authority to contract for the Delivery and send all items contained in a Order;
- has not and will not include in any Order any “Mule2Go Prohibited Items” as listed in the T&C, whether consented to by a Driver or not;
- will provide verbal, written in app or SMS confirmation of items for Mule2Go to purchase as provided in a visual list;
- gives Mule2Go consent to purchase product on Customers behalf to create an Order after confirmation is given;
- acknowledges and agrees that the Mule2Go Protection Plan does NOT cover reimbursement for any loss or damage to any Order resulting from (1) any breach of this Agreement or the T&C; (2) sending any items on the “Mule2Go Non-Protected Items” list;
- acknowledges and agrees that the Mule2Go’s maximum liability under its Protection Plan is $500 per occurrence.
- will only contract for or arrange a Delivery (or other similar services) with a Mule2Go User through Mule2Go’s Services and Applications and will not engage in outside transactions with any User;
- is responsible for lifting and carrying all Orders sent with a Driver and is responsible for placing them in or removing them from the Driver’s and hereby acknowledges that a Driver is not a mover and is not responsible for lifting or otherwise moving any Order during a Delivery. If a Driver lifts or otherw ise moves a Order for a Customer he/she does so at the Customer’s and the Driver’s own risk and Mule2Go has no liability to either party for any claim, loss or damage related thereto;
- will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; and
- acknowledges and agrees that this Agreement is made anew for each and every Delivery ordered by him/her .