1. These terms (“Terms”) constitute a legal agreement between you and BuddyExpress Inc., (“BuddyExpress,” “we,” “us”). Any person who uses BuddyExpress.com (the “Site”) or any associated mobile applications (the "Apps") is a “User” and agrees to these Terms governing his or her use of the services offered via the Site (the “Services”).
2. Definitions.
Definitions for capitalized terms not otherwise defined below are set forth in section fourteen (14) of these Terms.
3. Description of the Services.
BuddyExpress is an online platform that facilitates connection between Users and/or Members (as defined below) regarding merchandise, goods or products (a “Package”) desired by a Member and the transportation of a Package(s) to a given location (a “Destination”) by a given date (“Delivery Date”). A Member wanting to send a Package to a Destination (a “Sending Member”) may post a message (a “Request”) on the Site describing the Package and the price he or she is willing to pay upon its delivery to the Destination. A Member traveling to the Sending Member’s Destination (a “Traveling Member”) can accept a Request by indicating that he or she accepts the Sending Member’s terms or the Traveling Member may negotiated a price. Once the Sending Member and Traveling Member agree upon acceptable terms, the Traveling Member and the Sending Member enter into an agreement (“Delivery Agreement”) regarding delivery of the Package for the agreed-upon price. The Delivery Agreement is binding after the Traveling Member and Sending Member confirm pickup of the Package (a “Transaction”). A Traveling Member may post a message on the Site or the Apps regarding his or her travel plans (a “Trip”) in solicitation of Requests. BuddyExpress is not responsible for and does not control the Content found in Trips and Requests; however, BuddyExpress may decline to post any Trip or Request at its sole discretion. BuddyExpress provides an collateral service to facilitate Transactions. BuddyExpress is not responsible for anything that may occur on or off the Site or the Apps before, during or after a Transaction takes place. BuddyExpress is not a party to any Transaction and does not sell, take possession of, or deliver Packages. Each Member bears sole responsibility for fulfilling his or her obligations in any Transaction. You agree that the provisions of Sections two (2) through five (5) of these Terms apply to all Transactions agreed to on the Site and Apps and supplement whatever local or international law may govern your Transaction. BuddyExpress will not voluntarily intervene in any legal dispute between Members. BuddyExpress IS NOT LICENSED BY ANY RELEVANT AUTHORITY OF ANY STATE OF THE UNITED STATES. AS A RESULT, THE SERVICES ARE NOT AVAILABLE TO CONSUMERS WHO ARE RESIDENTS OF ANY JURISDICTION THAT REQUIRES A LICENSE TO OFFER INTERNET ESCROW SERVICES TO CONSUMERS RESIDING IN THAT JURISDICTION.
4. Delivery and Import.
The Traveling Member and the Sending Member shall (a) bear all legal responsibility for assuring the package can be lawfully transported and imported to the Destination and (b) hold harmless BuddyExpress for any loss or liability they incur with the violation of any import, customs or tax law. All Members acknowledge that BuddyExpress has no duty to ensure a Transaction complies with all applicable law. Packages sent from any country (a “Point of Origin”) to a foreign Destination may be subject to import taxes, customs duties, and fees levied by governmental authorities upon arrival at the Destination. The Traveling Member is the importer of record and is responsible for compliance with all laws and regulations of the Destination country. BuddyExpress has no control over and cannot estimate or calculate these charges in advance of or during delivery. Customs policies can vary widely from country to country and the Traveling Member should contact the relevant customs authority for more information. A package imported unlawfully to the Destination country may be subject to confiscation and forfeiture. Customs clearance procedures may be required at the Destination depending on the type of Package and the law of the Destination country. Clearance procedures and delays are beyond BuddyExpress' control and can delay delivery. A Package remains the property of the Traveling Member until the Sending Member or a recipient designated by the Sending Member (“Recipient”) accepts delivery and takes possession at the Destination. All risk of loss or damage to the Package is borne by the Traveling Member until delivery is accepted. All prices agreed to by Traveling Members in response to Requests are final and inclusive of any and all customs duties and/or taxes due on sale.
5. Payment and Collateral.
Billing or credit card information is required once the Sending Member accepts an offer of delivery from a Traveling Member.
(a). The Sending Member shall provide credit card information as collateral to guarantee payment to the Traveling Member via the Site or Apps upon successful delivery of the Package. Upon the Traveling Member’s pickup of the Package(s), BuddyExpress will send a secret confirmation code (“Confirmation Code”) to the Sending Member and Recipient. The Confirmation Code is to be provided to the Traveling Member upon successful delivery of the Package in order for the Traveling Member to request payment via the Site or Apps. The Package will not be released to the Recipient until the Traveling Member receives the Confirmation Code. Upon entry of the Confirmation Code, Sending Member’s credit card will be charged and paid (“Payment”) to the Traveling Member. BuddyExpress will take a percentage fee of the Payment for services provided which will be disclosed to both Sending Member and Traveling member.
(b) The Traveling Member shall provide credit card information to BuddyExpress as collateral to guarantee reimbursement of the specified value of the Package (“Reimbursement”) to the Sending Member should the Package be lost or damaged. The Sending Member has the discretion to request Reimbursement when the Package is late.The Traveling Member can and should ask the Sending Member to postpone the Delivery Date if extenuating circumstances will likely result in a late delivery. The Sending Member can use discretion to postpone the Delivery Date using the Site or Apps or choose to not request Reimbursement.
If a Sending Member rejects delivery by refusing to release the Confirmation Code and requesting Reimbursement, BuddyExpress will charge the Traveling Member and reimburse the Sending Member if BuddyExpress determines at its sole discretion that the Sending Member cancelled the Transaction for a Valid Reason. “Valid Reasons” for canceling the Transaction are: (i) the Package delivered did not conform to the Request or (ii) the Package will or cannot be delivered or returned in a reasonable time. Further, BuddyExpress will not process a Reimbursement unless the Sending Member notifies BuddyExpress of the delivery delay or the non-conformity of the Package within 24 hours of the scheduled or actual delivery and, in the case of a non-conforming Package, unless the Sending Member provides BuddyExpress with evidence of the Package’s non-conformity with the Request.
(c) The Sending Member shall provide bank account information in order to receive reimbursement payments if the Package does not conform with the Request.
(d) The Traveling Member shall provide bank account information in order to receive payments for successful delivery of a Package.
6. Account Registration.
In order to use the BuddyExpress platform, you will need to register as a Member and create an account to browse the Site and Apps and view Content (a “BuddyExpress Account”). You do not need to provide credit card or bank account information to browse the Site and Apps and bid on Content. However, as a condition enter into a Transaction, you will need to provide credit card and bank account information after accepting a Delivery Agreement to transact a delivery. You may register directly or through a third party, such as Facebook. Your mobile phone number and email address are required to complete your registration and create a BuddyExpress Account. You must be at least 18 years old to become a Member and engage in a Transaction. You shall provide BuddyExpress with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions and may result in immediate termination of our services and deletion of your BuddyExpress Account. You shall not select or use for registration (i) the name, email or mobile phone number of another person with the intent to impersonate that person; (ii) a name, email or mobile phone number subject to another person’s property rights without appropriate authorization; or (iii) a name that is otherwise offensive, vulgar or obscene. BuddyExpress reserves the right to refuse registration of, or cancel, a BuddyExpress Account at its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your BuddyExpress credentials. Upon becoming aware of any unauthorized use of your account or of any other account-related security breach, you shall immediately notify BuddyExpress in writing. You agree to provide accurate, current and complete information during the registration process and to update such information prior to any Transaction.. BuddyExpress reserves the right to suspend or terminate your BuddyExpress Account and your access to the Site, Apps and Services if you create more than one BuddyExpress Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your credentials. You agree that you will not disclose your credentials to any third party and that you will take sole responsibility for any and all activities or actions under your BuddyExpress Account, whether or not you have authorized such activities or actions. You will immediately notify BuddyExpress of any unauthorized use of your BuddyExpress Account. You may link your BuddyExpress Account with your accounts with certain third party social networking sites (each such site an “SNS” and each such account a “Third Party Account”) and/or create an BuddyExpress Account by logging onto your Third Party Account through the Site, at which point we will create a BuddyExpress Account for you using certain information from your Third Party Account as described below. The terms and conditions specific to your use of the Site via a Third Party Account are contained in paragraph 12 below. You may not have more than one active BuddyExpress Account.
7. Termination.
We reserve the right to deny Service to Users who violate these Terms and to suspend or cancel their BuddyExpress Account without notice.
8. User Conduct.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Services, Apps and Content. You agree to take reasonable precautions in all communications and interactions with other Users and Members of the Site, Apps or Services and with other Persons with whom you have communicated or interacted as a result of your use of the Site, Apps or Services, including but not limited to all Users of BuddyExpress, particularly if you decide to meet offline or in person, regardless of whether such meetings are organized through the Site or the Apps. You agree, in connection with your use of the Site, Apps and Services, that you will not:
(a) violate any local, state, provincial, national, or other law or regulation, including without limitation any laws prohibiting the transport of a Controlled Substance (the definition of which may vary by country), or any order of a court, including, without limitation, import and tax regulations;
(b) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Site or Content;
(c) use the Site, Apps or Services for any commercial or other purposes not expressly permitted by these Terms;
(d) copy, store or otherwise access any information or Content contained on the Site or Apps for purposes not expressly permitted by these Terms;;
(e) use our Site, Apps or any Content to infringe the rights of any person or entity including without limitation their intellectual property, privacy, publicity or contractual rights;
(f) interfere with or damage our Site, Apps or Services, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(g) use our Site, Apps or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(h) use our Site or Apps in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to our Services;
(i) “stalk” harass any other user of our Site, Apps or Services or collect or store any personally identifiable information about another User for any purpose other than engaging the User in an BuddyExpress Transaction;
(j) register for more than one BuddyExpress Account or register for an BuddyExpress Account on behalf of an individual other than you;
(k) contact a User for any purpose unrelated to a Transaction or the User’s use of the Site, Apps and Services;
(l) when acting as a User or otherwise, recruit or otherwise solicit any User to join third party services or websites that are competitive to BuddyExpress without BuddyExpress' prior written approval;
(m) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(n) use automated scripts to collect information or otherwise interact with the Site, Apps or Services;
(o) circumvent the obligation to pay any Fees related to BuddyExpress' provision of the Services by using the Site, Apps or Services to communicate with a Member or User and negotiate or attempt to negotiate the sale or purchase of a Package by any means other than through the Site, Apps or Services;
(p) post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
(q) systematically retrieve data or other content from our Site, Apps or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
(r) use, display, mirror or frame the Services, Apps, Site or any individual element within the Site including BuddyExpress' name, any BuddyExpress’ trademarks, logos or other proprietary information, or the layout and design of any page or form contained on the Site without BuddyExpress’ express written consent;
(s) access, tamper with or use non-public areas of the Site, Apps, BuddyExpress’ computer systems or the technical delivery systems of BuddyExpress’ providers;
(t) attempt to probe, scan or test the vulnerability of any BuddyExpress system or network or breach any security or authentication measures;
(u) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BuddyExpress or any of BuddyExpress’ providers or any other third party (including another user) to protect the Site, Services, Apps or Collective Content;
(v) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Apps or Collective Content to send altered, deceptive or false source-identifying information;
(w) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Apps or Collective Content; or
(x) advocate, encourage or assist any third party in doing any of the foregoing.
9. GENERAL DISCLAIMERS & DISCLAIMERS OF WARRANTY.
If you choose to use the Site, Apps and Services, you do so at your sole risk. You acknowledge and agree that BuddyExpress does not have an obligation to conduct background checks on any user though you expressly authorize it do so at its sole discretion. No advice or information, whether oral or written, obtained from BuddyExpress, displayed on or communicated through the Site, Apps or Services will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with any and all persons performed through the Site, Apps and Services. You understand that BuddyExpress does not make any attempt to verify the User’s statements or other Content posted on the Site. BuddyExpress makes no representation or warranties regarding the compatibility of the User’s intended use of the Site or Services with the actual use given to the Site by other Users.
(a) Lost, Damaged or Stolen Property. To the maximum extent permitted by law, the parties to a Transaction exonerate, and shall hold harmless, BuddyExpress from any and all liability for lost, stolen or damaged property that may result from complications or problems in delivery of the Package, from the misconduct of a User or Member, or from any other cause of harm, connected in any way with the Services, except for willful misconduct by an authorized representative of BuddyExpress.
(b) Taxes, Import and Export Duties. The parties to a Transaction shall hold harmless BuddyExpress from any and all liabilities and charges they may incur for noncompliance with export or import laws and any and all liabilities and government levies including customs duties, VAT and customs fines or penalties, etc., in connection with delivery of any Package.
(c) NO WARRANTIES. BuddyExpress is not a party to any Transaction and makes no warranty that the Site, the Apps, Content or the Services will be suitable for your particular use or requirements or be available on an uninterrupted, secure, or error-free basis. Further, BuddyExpress does not guarantee any Package or make any implied or express warranty of any Package. BuddyExpress hereby disclaims the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Moreover, BuddyExpress makes no warranty regarding the quality, timeliness, truthfulness, completeness, reliability or veracity of any Request, Trip or other Content displayed on or obtained through the Site or Services.
10. Limitation of Liability. To the maximum extent permitted by law, you accept all risk related to your use of the Site, Apps and Services. Neither BuddyExpress nor any party involved in creating, producing or delivering the Site, Apps or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the costs of substitute products or services, damages for personal or bodily injury or emotional distress associated with use of the Site, Apps or services or in any way in connection with these Terms, damages for your inability to communicate or interact with Users or Members with whom you interact through the Site, or for any damages for which you are held liable in connection with a Transaction or other use of the Site, Apps or Services (including any Trip, Request or delivery of any Package via the Site, Apps or Services whether based on warranty, contract, tort (including gross negligence), bailment, product liability or any other legal theory irrespective of whether BuddyExpress had been informed of the possibility of the damages), even if a limited remedy set forth herein is found to have failed its essential purpose. Your exclusive remedy against BuddyExpress under these Terms and for any damage in any way connected to a Transaction or to your Use of the Site or Services is to discontinue your use of the Site. You hereby waive and release any and all statutory, equitable or common law remedies for monetary damages you may have in connection with any damage related to these Terms, the Site, the Apps or the Services. All limitations on liability in these Terms and the Exclusive Remedies are fundamental bases of the bargain between you and BuddyExpress.
11. Release.
If you have a dispute whether related to a Transaction or not with one or more users, you release us, our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents, from all claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In releasing us you are expressly waiving any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
12. General Terms.
(a) Indemnification. You agree to release, indemnify, and hold harmless BuddyExpress and its parents, subsidiaries and affiliates, and their officers, directors, employees and agents, from and against any claims, liabilities – even for BuddyExpress’ own negligence -, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Apps, Content or Services or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) purchase of any Packages, or (iii) creation of a Trip or Request.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between you and BuddyExpress regarding the Site, Apps Content and Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and BuddyExpress regarding the Site, Apps, Content and Services and any Transactions.
(c) Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without BuddyExpress’ prior written consent. Any attempt to assign or transfer these Terms without BuddyExpress’ consent shall be null and of no effect. BuddyExpress may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(d) Notices. Any notice or other communication permitted or required hereunder, including those regarding modifications to these Terms, shall be in writing and given by BuddyExpress (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which the notice is transmitted.
(e) No Waiver. The failure of BuddyExpress to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BuddyExpress. Except as expressly set forth herein, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
(f) Controlling Law, Jurisdiction, Dispute Resolution & Arbitration. These Terms will be interpreted in accordance with the laws of Delaware, without regard to its conflict-of-law provisions. You and BuddyExpress agree that any and all disputes arising out of or related to your use of the Site, Content, Services, or Apps or any policies or practices of BuddyExpress shall be subject to final and binding arbitration in Delaware, USA in accordance with United States law and the rules of the ????.
13. Third Party Accounts.
As part of the functionality of the Site, Apps and Services, you may link your BuddyExpress Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to BuddyExpress through the Site, Services or Apps; or (ii) allowing BuddyExpress to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to BuddyExpress and/or grant BuddyExpress access to your Third Party Account (including, but not limited to, for use of the Site, Services and Apps), and that doing so does not constitute a breach of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating BuddyExpress to pay any fees or making BuddyExpress subject to any usage limitations imposed by such third party service providers. By granting BuddyExpress access to any Third Party Accounts, you understand that BuddyExpress will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Apps and Services via your BuddyExpress Account and BuddyExpress Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings configured for your Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your BuddyExpress Account on the Site, Apps and Services. Please note that if a Third Party Account or associated service becomes unavailable or BuddyExpress' access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Apps. You have the ability to disable the connection between your BuddyExpress Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Apps. PLEASE NOTE THAT YOUR USE OF THIRD PARTY SERVICE ACCOUNTS AND YOUR RELATIONSHIP WITH THIRD PARTY SERVICE PROVIDERS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH THE RELEVANT PROVIDER. BuddyExpress makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and BuddyExpress is not responsible for any SNS Content. We will create your BuddyExpress Account and your BuddyExpress Account profile page for your use of the Site and Apps based upon the personal information you provide to us or that we obtain via an SNS as described above.
14. PRIVACY POLICY.
This section of the Terms contains and informs you of BuddyExpress' policies and procedures regarding the collection, use and disclosure of personal information we receive from Users and Members (the “Privacy Policy”). This Privacy Policy applies only to information that you provide to us through the Site. We may update this Privacy Policy from time to time to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your BuddyExpress Account) or by means of a notice on the Site and Apps prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (https://www.BuddyExpress.com/tos). For purposes of this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates, and to our associates, within the United States or internationally.
(a) International Transfer. YOUR INFORMATION MAY BE TRANSFERRED TO – AND MAINTAINED ON – COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.
(b) Information Collection and Use. Our primary goals in collecting information are to provide and improve our Site, services, features and content, to administer your use of the Site and any future or related Apps (together, the “Service”) and to enable users to enjoy and easily navigate the Site. In addition, personal information is required for the completion of deliveries and packages You expressly agree to these uses.
(c) Personally Identifiable Information. When you register with us through the Site and become a Member, when respond to or post a trip or travel itinerary or post a request through the Site, or when you wish to contact another Member, we will ask you for personally identifiable information and/or obtain this information through your Third Party Account. This refers to information about you that can be used to contact or identify you (“Identity Information”). Identity Information includes, but is not limited to, name, phone number, email address, and address, but does not include your credit card number, bank account information or billing information. In order to process some of your Transactions through the Site and Apps, we may also ask for your credit card number, bank account information and other billing information (“Billing Information”) (Identity Information and Billing Information together, “Personal Information”). Addresses for travel or trips also may be considered Identity Information. Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth. We use your Personal Information to provide the Service and administer your inquiries. We collect Personal Information in connection with your registration for an BuddyExpress Account.
If you decide to register by logging into a Third Party Account via our Site, we will obtain the Personal Information you have provided to the applicable SNS (such as your “real” name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize BuddyExpress to access by authorizing the SNS to provide such information) from your Third Party Accounts. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your BuddyExpress Account on the Site and Service. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
We also collect the other information that you provide as part of registration and the administration and personalization of your BuddyExpress Account profile (e.g., without limitation, your zip code (independently of Personal Information) and individual preferences or demographic information) (“Non-Identifying Information”). We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, help you complete your Transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other BuddyExpress Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Apps and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to inform you of a product based on your preferences or restrictions.
We also use your Personal Information to contact you with BuddyExpress newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
(d) Log Data. When you visit the Site and Apps, whether as a Member or a non-registered User just browsing (any of these, a “BuddyExpress User”), our servers automatically record information that your browser sends whenever you visit a Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Apps and Services and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor our Site to our visitors’ needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
(e) Cookies. Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site. Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by BuddyExpress Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. Third party advertisers on the Site may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, you may not be able to use all portions of the Site or all functionality of the Service.
(f) Web Beacons. Our Site and Apps may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
(g) Contacting a BuddyExpress Member. As part of the Service, after a Delivery Agreement BuddyExpress the Traveling Member and Sending Member will be able to their share contact information such as mobile phone number and email address (“Contact Information”) so that members can contact each other for the purposes of coordinating Package pickup and delivery. The shared Contact Information also includes the contact information of the Recipient for the purposes of coordinating delivery. The Sending Member may also opt to have BuddyExpress notify the Recipient of the pending Package delivery via the provided Contact Information. BuddyExpress will only share Contact Information among the Traveling Member, Sending Member and Recipient of a Delivery Agreement.
BuddyExpress will also send messages via email, SMS or push notifications to Members as appropriate to guide and inform Members as they navigate the Site or Apps.
(h) Phishing. Identity theft and the practice currently known as “phishing” are of great concern to BuddyExpress. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your bank account information, your BuddyExpress Account login, or identification in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s Site at http://www.ftc.gov.
(i) Information Sharing and Disclosure – Overview. The Site, Apps and Service can be used to facilitate the posting and execution of Trips and Requests that are made available via the Site, Apps and Services by Members. Trips and Requests posted by Members and Member ratings and reviews and their Profile Information (as defined below) may be visible to any BuddyExpress User.
(j). BuddyExpress Members and User Profiles. When you create an BuddyExpress Account, we will set up an BuddyExpress Account profile page for you. Your BuddyExpress Account profile page will include your first name and last initial. You can select other items of Personal Information that you wish to be included in your BuddyExpress Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also BuddyExpress Members, connections you have established between your BuddyExpress Account and any SNSs, and a biography and links to your Trips and/or Requests, if applicable (together, your “Profile Information”). We may display your Profile Information from Facebook, such as gender, country, joined date and last login, in your BuddyExpress Account profile page publicly via the Site and Apps, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information may be publicly visible to all BuddyExpress Users and consequently should reflect how much you want other BuddyExpress Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.
(k) Trips and Requests. If you post a Trip or Request, we may publish that Trip or Request publicly via the Site and Apps and may enable third parties to publish your Trip or Request on their websites through the use of an HTML “widget”. We may also display the geographical location of the Point of Origin and Destination of your Trip or Request in the form of a map so that potential Users can see the general areas applicable to your Trip or Request. If you contact another Member in connection with a proposed Transaction via the Site and Services, BuddyExpress will share the following information about you with the Member: (i) your first and last name, (ii) a link to your BuddyExpress Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with you on such SNS, and (iv) an indication that the name that you provided to BuddyExpress when you became a Member matches the name that you provided to the SNSs to which you have linked your BuddyExpress Account.
(l) Aggregated Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
(m) Service Providers. We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of BuddyExpress Users and improvement of the Site’s features) or to assist us in analyzing how our Site, Apps and Service are used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. Third party vendors, including Google, use cookies to serve ads based on an BuddyExpress User’s prior visits to BuddyExpress. You can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at www.google.com/privacy_ads.html.
(n) Compliance with Laws and Law Enforcement; Guarantee Program. BuddyExpress cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of BuddyExpress or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to protect the property and rights of BuddyExpress or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity. We reserve the right to delete your account if you use our services to transport illegal goods and will cooperate with law enforcement.
(o) Business Transfers. BuddyExpress may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
(p) Changing or Deleting Your Information. All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at [email protected] or editing the relevant part of their profile. If you would like us to cancel your BuddyExpress Account, please contact us and we will accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your BuddyExpress Account. Please note that, if you cancel your BuddyExpress Account, any reviews you have posted via the Site and Apps will remain publicly viewable via the Site and Apps. Please see below for privacy contact information.
(q) Security.
BuddyExpress is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number or bank account information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable law on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
(r) Links to Other Websites. Our Site may contain links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s Site. The fact that we link to a Site or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Some portions of the BuddyExpress platform implement Apple or Google Maps/Earth mapping services, including Apple or Google Maps API(s). Your use of Apple or Google Maps/Earth is subject to their terms of use, located at, https://www.apple.com/legal/internet-services/maps/terms-en.html and http://www.google.com/intl/en_us/help/terms_maps.html respectively, which incorporates their privacy policies, located at, https://www.apple.com/privacy/privacy-policy/ and http://www.google.com/policies/privacy/ respectively.
(s) Testimonials. With your consent we may post your testimonial on the Site and Apps along with your name. If you want your testimonial removed please contact us.
(t) Minimum Age to Use our Services. The Site and Apps are not directed to individuals under 18. Furthermore, we do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information and the User account from our files.
(u) Contacting Us. If you have any questions about this Privacy Policy, please visit our help center.
15. Definitions.
The below words and phrases shall have the following meanings for purposes of these Terms:
“Apps” means any mobile internet application that BuddyExpress makes available for interacting with the Site.
“Collective Content” means Member Content and BuddyExpress Content.
“Content” means text, graphics, images, music, software (excluding the Apps), audio, video, information or other materials.
“BuddyExpress Content” means all Content that BuddyExpress makes available through the Site, Apps, or Services, including any Content licensed from a third party, but excluding Member Content.
“Member” means a person who obtains and completes BuddyExpress Account registration process.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Apps or Services.