Effective: June 1, 2019 (Version 1.0)
These Terms and Conditions (“T&C“) set forth the terms and conditions for Shypr. Inc., a Delaware corporation (“Shypr”) requires you to accept if you want to use or receive any Shypr services (collectively, “Services“), or download, install or use any associated application which purpose is to enable you to use the Services (“App”). The terms and conditions stated or referenced herein constitute a legal agreement between you and Shypr. By using or receiving any Services, or downloading, installing or using any App, 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 https://shypr.biz or through our Services. Upon such using or receiving our Services or App you become a “User” of Shypr’s Services and App, whether as a “Driver” or a “Sender“, as further described herein.
You may only access the Services using the App or other specifically authorized means. It is your responsibility to check to ensure you download the correct App for your mobile, tablet, computer or similar device (“Device“). Shypr is not liable if you do not have a compatible Device or if you have downloaded the wrong version of the App for your Device. Shypr reserves the right to terminate your use of our Services or App if you do so with an incompatible or unauthorized Device.
Shypr reserves the right to modify the terms and conditions of these T&C or any of its policies relating to our Services or App at any time, effective upon posting of an updated version of the T&C on our website https://shypr.biz and on our App. Shypr will use reasonable efforts to inform its Users of material changes via email, but you are still responsible for regularly reviewing these places for any updates to the T&C. Continued use of our Services or App after any updates shall constitute your consent to such all changes to the T&C contained in such update.
OUR SERVICES UNITE DRIVERS AND SENDERS
Our App 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 (“Senders“) and those individuals and/or businesses seeking to perform pick-up, carrying and delivery services (“Drivers“). The performance of pick-up, carrying and delivery services by a Driver, the time period in which these services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, carried and/or delivered by a Driver, are collectively referred to as a “Order.” Drivers and Senders together are referred to as “Users“.
Our App and Services connect third party Drivers who want to deliver Orders for third party Senders, and give Senders a way to find those Drivers and schedule their Orders. Drivers are self-employed/independent contractors who choose to make deliveries for Senders posting on our platform. Shypr does not control whether a Driver chooses to offer for a particular Order on our platform, or whether or not a Driver makes a business out of providing deliveries services, either using our platform or otherwise. Accepting deliveries through the Shypr platform does not preclude a Driver from providing delivery services under another platform, or for other persons simultaneously.
SHYPR IS A PLATFORM AND DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER. IT IS THE THIRD PARTY DRIVER’S SOLE DECISION WHETHER TO OFFER FOR AND PROVIDE THE PICK-UP, CARRY AND DELIVERY SERVICES REQUESTED BY SENDERS.
SHYPR NOT RESPONSIBLE FOR PERFORMANCE OF ITS DRIVERS OR ITS SENDERS
Our Services and App enable connections between our Users to contract for Orders; however Shypr has no control over and is not responsible for the performance, actions or inactions of any User, whether identified through our Services, our App, in public, private, or offline interactions, or otherwise. That’s why we rely on YOU, our Users, to follow some rules to keep the Shypr community safe, friendly and helpful for all!
Most importantly, you need to know that every time you use the App or Services, you expressly agree, represent and warrant that, at the time of each such use:
DRIVER BACKGROUND CHECKS
Many Drivers accepting certain Orders are required to be screened via a standard background check conducted by a third-party Credit Reporting Agency (“CRA” and "Background Check"). During registration as a Driver, you are required to provide a valid driver’s license and Social Security Number and consent to Shypr having our CRA conduct a Background Check on you prior to allowing you to perform Orders, and thereafter as and when determined in our sole discretion, without any additional consent from you (or otherwise as allowed pursuant to applicable law). The Shypr Background Check Process consists of a criminal background check and Motor Vehicle Record (MVR) report, and does not include a credit check. The full details of what is needed to pass the Background Check and other details can be found in our FAQ.
Why does Shypr perform Background Checks on Drivers?
What does Shypr’s Background Check Process include?
Can I dispute the results of my Background Check?
Do I have to pay for the Background Check Process?
How does Shypr secure my data and personal information?
The Shypr Background Check is conducted by an independent third-party CRA, and Shypr has no responsibility for the accuracy or reliability of the identity of any Driver, the completeness of the information provided to complete the Background Check or the results of the Background Check.
SENDERS SHOULD ALWAYS CHECK A DRIVER’S IDENTIFICATION AND MATCH IT TO THE DRIVER’S INFORMATION IN THE APP PRIOR TO HANDING OVER THEIR ORDER.
Shypr does not conduct Background Checks or screening on any Sender for the purposes of allowing them to use our App or Services. However Shypr reserves the right to begin conducting such checks and screening of all Users (including Senders) as it deems appropriate in its sole discretion.
Any screening or Background Check process is not a substitute for your good judgment when interacting with other Users. At all times during the use of our Services and App you must exercise caution and use your common sense.
ALL USERS ACKNOWLEDGE AND AGREE THAT BY USING OUR APP AND SERVICES, THEY MAY BE EXPOSED TO UNKNOWN THIRD-PARTIES AND CONTENTS IN ORDERS THAT MAY BE OR ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE.
RESTRICTIONS ON ORDER CONTENTS
Senders are prohibited from including in any Order, and all Drivers are prohibited from knowingly accepting, picking up, carrying or delivering any Order containing the following “Prohibited Items”:
ANY DRIVER DISCOVERING A PROHIBITED ITEM IN A ORDER SHALL IMMEDIATELY NOTIFY SHYPR AT SUPPORT@SHYPR.BIZ FOR FURTHER DIRECTION.
Only certain Senders with special written permission from Shypr may send the “Special Items” listed below. These Senders are required to disclose each such Special Item when setting up the Order and must fully comply with all restrictions with respect to the Special Item set forth below, as well as all applicable laws and regulations with respect to such Special Items:
Certain Orders containing Special Items, including cigarettes, tobacco products, wine, beer or other alcoholic beverages, firearms, weapons, firearm parts, weapon parts, or ammunition, require Drivers to be 21 years of age and also to possess special qualifications, permits, licenses and/or insurance before offering on any Order containing such items. Orders containing HAZMAT may require the Driver to have a special vehicle, equipment or license in order to carry and deliver the Order.
DRIVERS ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL REQUIREMENTS TO CARRY SUCH SPECIAL ITEM, WHETHER INCLUDED IN THESE T&C AND/OR IMPOSED BY APPLICABLE LAW.
CIGARETTES, TOBACCO PRODUCTS, WINE, BEER OR OTHER ALCOHOLIC BEVERAGES
A Driver must be 21 years of age to deliver any Order containing cigarettes, tobacco products, wine, beer or other alcoholic beverages.
When delivering an Orders including cigarettes, tobacco products, wine, beer or other alcoholic beverages, a Driver shall request a valid, government-issued identification demonstrating that the Order recipient is 21 years of age or older. Examples of valid, government-issued IDs are Driver’s licenses, Passports, U.S. military IDs (active duty or retired military and their dependents, and DoD civilians), and Permanent Resident Cards.
When delivering an Order including wine, beer or other alcoholic beverages, a Driver shall also verify that the Order recipient is not visibly intoxicated before delivering the Items. Many States have laws prohibiting the delivery of any alcoholic beverages to anyone who is visibly intoxicated and a Driver can be personally liable for doing so. Before offering on an Order containing any alcoholic beverage a Driver must be familiar with the signs of visible intoxication.
WHAT ARE THE SIGNS OF “VISIBLE INTOXICATION”?
If you can tell on sight that a person has been drinking or using other drugs, the person is visibly intoxicated. Some common signs of visible intoxication are listed below. These are not all of the possible signs. And if a person shows just one or two of these signs that does not necessarily mean the person is intoxicated. But if a person shows a combination of several signs that could be a strong indication that the person is intoxicated. Remember that intoxication can result from the use of drugs other than alcohol.
IF YOU'RE NOT SURE, DON'T DELIVER THE ORDER AND CONTACT SHYPR SUPPORT.
IF A DRIVER CANNOT COMPLETE THE DELIVERY OF A ORDER CONTAINING CIGARETTES, TOBACCO PRODUCTS, WINE, BEER OR OTHER ALCOHOLIC BEVERAGES DUE TO FAILURE TO PRODUCE A VALID, GOVERNMENT-ISSUED IDENTIFICATION DEMONSTRATING THAT THE ORDER RECIPIENT IS 21 YEARS OF AGE OR OLDER, OR DUE TO THE ORDER RECIPIENT BEING VISIBLY INTOXICATED, THE DRIVER SHALL IMMEDIATELY NOTIFY SHYPR AT SUPPORT@SHYPR.BIZ FOR FURTHER DIRECTION.
Other details regarding the delivery of cigarettes, tobacco products, wine, beer or other alcoholic beverages can be found in our FAQ.
FIREARMS AND WEAPONS
Drivers must check to ensure that all firearms, weapons, firearm parts, weapon parts, or ammunition being transported by such Driver are contained in a locked container and the container placed in the trunk of the vehicle for the duration of the Order. For other rules and regulations regarding the transport of firearms, weapons, firearm or weapon parts, or ammunition, please click on the following links:
HAZARDOUS MATERIALS (“HAZMAT”)
HAZMAT may be sent only in small or excepted quantities as defined in 49 C.F.R.. A major problem for most folks is recognizing HAZMAT that may include common household items such as alcohol, or seemingly benign items like dry ice (solid carbon dioxide or CO₂).
Prior to posting or offering on any Orders containing HAZMAT in any form, all Users have the responsibility to know the complete listings or tables of HAZMATs by clicking on the following links:
Stiff civil penalties (fines) of up to $175,000.00 apply to people who offer for shipment, cause to be shipped or transport HAZMAT:
Senders have the responsibility to, and Drivers must check to ensure that, all HAZMAT is properly packaged, labeled, marked, identified and certified in compliance with applicable legal requirements, including having proper shipping papers with emergency response information, an emergency contact telephone number.
There are a myriad of other legal requirements Drivers and Senders are required to know and must satisfy before posting or transporting HAZMAT to avoid paying massive fines. Please see:
ACCEPTED LIVE ANIMALS
Before including any live animal in an Order, a Sender is required to fully disclose and describe the animal and must fully comply with all restrictions and packing requirements with respect to the animal set forth below, as well as all applicable laws and regulations with respect to transporting such animal. Below is a comprehensive list of live animals that may be included in an Order. Senders may only include in an Order an animal LISTED BELOW, NO other live animals may be sent.
Live Animals that are prohibited from being sent and may not be accepted for an Order include, but are not limited to:
ANY DRIVER DISCOVERING AN UNDISCLOSED LIVE ANIMAL OR A PROHIBITED ANIMAL IN A ORDER SHALL IMMEDIATELY NOTIFY SHYPR AT SUPPORT@SHYPR.BIZ FOR FURTHER DIRECTION.
It is every Driver’s and Sender’s duty and obligation to know and comply with all applicable federal and state laws relating to the pick-up and delivery locations of any Order and all items contained in an Order, whether a Special Item or not, including without limitation those laws governing the transportation of items over State lines, prohibiting the transportation or shipment of certain items both within a State and between States, restricting the amounts of certain items that can be shipped, and age restrictions. Shypr has no liability or responsibility if a Driver or Sender fails to comply with these T&C or all applicable laws with respect to the inclusion or acceptance of any items contained in an Order or during the performance of the Order.
Shypr is not responsible for the contents or loss of any Prohibited Item or any undisclosed Special Item. Shypr reserves the right to dispose of any Shypr Prohibited Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the any Shypr Prohibited Item, including delivery to the proper authorities.
SHYPR HAS AND TAKES NO RESPONSIBILITY OR LIABILITY TO EITHER DRIVERS OR SENDERS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY ORDER OR A SENDER’S FAILURE TO DISCLOSE A SPECIAL ITEM OR LIVE ANIMAL OR A DRIVER’S OR SENDER’S FAILURE TO COMPLY WITH ALL LAWS APPLICABLE TO IT.
DRIVER’S OBLIGATIONS WITH RESPECT TO CONFIDENTIAL INFORMATION
During the performance of Orders, Drivers will have access to the “Confidential Information” of many third-parties, including without limitation, the Confidential Information of Shypr, Senders, and/or Order recipients. “Confidential Information” means all information, whether oral, written, whether given via the Services, App, electronic media or otherwise, to which a Driver is given access to, or is made available to the Driver in connection with the performance of Orders, including without limitation names, addresses, telephone numbers and other information which may be used to specifically identify a person (“Personally Identifiable Information”), and health information protected under the Health Insurance Portability and Accountability Act (“HIPPA” and “Protected Health Information”). Confidential Information shall include, without limitation, all information regarding Shypr’s personnel or customer information of Shypr and/or Senders of which a Driver becomes aware.
Shypr and Drivers have special obligations with respect to the protection Personally Identifiable Information and Protected Health Information and a Driver is responsible for both knowing those obligations and complying with the same. Failure to meet these obligations will result in the Driver’s permanent removal from the platform and the Driver shall be prosecuted to the fullest extent of the law.
Personally Identifiable Information
Personally Identifiable Information (PII) refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. It is important to recognize that non-PII can become PII whenever additional information is made available — in any medium and from any source — that, when combined with other available information, could be used to identify an individual. Shypr and Drivers are under a strict obligation not to use or disclose PII except as necessary to perform and deliver Orders.
Protected Health Information
If a Driver delivers Orders containing prescriptions, medicines or other medical documents, the Driver has access to Protected Health Information. Shypr and Drivers are under a strict obligation not to use or disclose the Protected Health Information of anyone except as necessary to perform and deliver Orders. In addition, these Drivers and must comply with all federal, state and local laws, including the Health Insurance Portability and Accountability Act, as amended, and all regulations and agency guidance applicable to “business associates”. To learn more about complying with these regulations, please clink on the below link:
DURING THE PERFORMANCE OF ORDERS YOU, MAY AND/OR WILL GAIN KNOWLEDGE OF THIRD PARTIES’ CONFIDENTIAL, PROPRIETARY, PERSONALLY IDENTIFIABLE AND/OR PROTECTED HEALTH INFORMATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF ALL SUCH INFORMATION AND YOU UNDERSTAND THAT YOU MUST NOT BE DISCLOSED TO ANY OTHER PERSON OR USED FOR ANY OTHER REASON THAN TO PERFORM ORDERS UNDER ANY CIRCUMSTANCES.
Other Driver’s Responsibilities
PERMITS, AUTO INSURANCE AND HEALTH INSURANCE
Because Drivers act as their own employer in providing Services via the Shypr App, Shypr does not, and has no responsibility to, provide or pay for any permit, license or insurance a Driver may need or may be advisable, to perform services via the Shypr App. Many states require a Driver to be a certain age, and have permits and/or licenses to carry certain Orders. Additionally, many insurance companies will require a Driver to have some level of commercial insurance if using a personal vehicle for business purposes.
Drivers also need to know that Shypr does not provide health insurance or any other compensation to Drivers if they are hurt or injured while performing an Order and all Drivers are required to have adequate health insurance prior to performing an Order.
It is a Drivers’ responsibility to know what auto insurance, health insurance, licenses and permits are required or recommended and to procure the same prior to offering on Orders.
You expressly acknowledge that Shypr does not provide automobile liability or health insurance to Drivers and is not responsible for paying for any liability that may arise from a Driver’s performance of an Order, including any bodily injury or damage to property caused by or to the Driver while on an Order.
A DRIVER MUST HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS TO CARRY ALL ORDERS AND ITEMS CONTAINED IN ORDER WHETHER OR NOT LISTED AS A SPECIAL ITEM.
ALL DRIVERS SHOULD CHECK WITH PROFESSIONALS TO ENSURE THAT YOU HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS BEFORE YOU OFFER FOR THE ORDER.
SHYPR HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DRIVER OR SENDER NOT HAVING THE PROPER AUTHORITY, PERMITS, LICENSES OR INSURANCE TO ENTER INTO THE TRANSACTIONS AGREED UPON.
SENDER OPEN BOX POLICY
Shypr encourages the use of minimal packaging both to help our environment and so our Drivers know what they are taking along on their ride. When packaging is required or desired, Shypr supports and strongly encourages its Drivers and Senders to always use an Open Box Policy.
Shypr’s Open Box Policy means our Senders should always leave packaging open so that a Driver may inspect the contents before leaving with the Order. If a Sender doesn’t leave the packaging open, a Driver always has the right to require a Sender to open packaging to inspect items before leaving with the Order.
NEW IN BOX ITEMS
If all or part of an Order contains new-in-box items that have been pre-packaged by the Sender and are not open for a Driver to inspect, a Driver has the responsibility to inspect the outside of the packaging, note any damage (it is easiest to take a picture and send it to email@example.com), and wait for instructions from Shypr on what to do next with the damaged Order.
No matter whether the Order is pre-packaged or open for inspection, if a Driver does not note any damage to an item in the Order while picking the Order up, it will be assumed that the damage will have been caused while in the Driver’s possession and
THE DRIVER WILL BE LIABLE THEREFOR.
A Driver is NEVER under an obligation to take or bring anything that has not been inspected and can always cancel the Order without penalty if ANY Sender does not allow you to inspect or gives you a hard time about asking to inspect.
PACKING YOUR ORDERS GENERALLY
Even though we love for your cargo to be transparent, Senders have the responsibility to ensure that no or minimal packaging is proper for the item being sent. Shypr is not liable for loss or damage to any Order if it is not properly packaged to withstand transport, or to ensure the safety and integrity of the item or in compliance with all applicable laws.
All packaging for such items should be based on the characteristics of the item, in the sole discretion of the Sender. Shypr cannot know what packaging is necessary for any item you send. Please use your common sense when packing your Order. It is a requirement of receiving reimbursement from the Shypr Protection Plan that you adequately package your Order. Shypr Inc. has no and will have no responsibility to protect you under its Protection Plan for any loss of, or damage to, any item that has not been adequately packaged.
PACKING LIVE ANIMALS
All live animals must be packaged in a cage or box that is adequate enough to contain the animal, including taking into account likely bursting and crushing. Packages containing animals requiring moisture during the Order must be constructed of water-resistant material such as wax coated, wax impregnated, or plastic corrugated. Ventilation holes should be provided as necessary.
Internal packaging materials must be used based on the characteristics of the animal, taking into consideration the necessary humane care for the animal during an Order. Lizards and geckos should be individually contained in bags constructed of breathable material, such as burlap. Insects should be contained in individual primary containers such as plastic jars with ventilation. Fish must be double bagged in strong plastic bags with a minimum thickness of 4 mils. Each primary bag should be approximately one third full of water with the remainder filled with oxygen.
Unless otherwise specifically arranged with the Driver, a Sender shall provide Driver with adequate food, water, food and water bowls and any other items required to provide for the needs of the animal during the Order. A Sender must also provide Driver with any additional packaging needed to prevent movement of any primary containers or receptacles within the outer box containing an animal.
Drivers MUST transport ALL animals INSIDE an appropriately heated or air-conditioned vehicle, with all temperature controls in good working order. Under no circumstances may any animal be transported in the trunk or trunk bed of any vehicle. Drivers are required to provide the animal food and water at regular intervals, and regular stops to allow the animal to relieve itself and otherwise as needed for the animal(s) in the Order. Drivers are required to provide any other additional components such as moisture; bedding and securing of packaging within the vehicle should be added as necessary to provide a safe environment during the Order.
Shypr Protection Plan
Shypr wants you to feel confident that your Order is in good hands. The Shypr Protection Plan will reimburse a Sender for loss or damage arising from theft or property damage to our Senders’ items of personal property during an Order and arising directly from a Driver’s negligence, up to a maximum of $500.00 per Order.
To qualify for the Shypr Protection Plan, the Sender must declare the value of all items in the Order and comply with Shypr’s other requirements when initiating the Order in the App, including taking a picture of all items included in an Order. The Sender must complete a claim form and provide to Shypr both any packaging used by the Sender for the damaged item, proof of value of the damaged item, and where applicable, a satisfactory police report.
Additionally, a Sender has the option to purchase Additional Protection for higher value Orders, up to $10,000.00 per Order. Additional Protection costs $5.00 for every additional $500.00 in Additional Protection above $500.00. Any Additional Protection must be purchased at the time the Order is arranged. No Additional Protection can or will be added once the Order is accepted.
PLEASE BE AWARE THAT NO MATTER WHAT TOTAL VALUE YOU DECLARE FOR YOUR ORDER OR ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH ORDER, SHYPR’S MAXIMUM REIMBURSEMENT TO YOU FOR LOSS OR DAMAGE TO ANY OR ALL ITEMS IN THE ORDER IS $500.00 UNLESS YOU PURCHASE ADDITIONAL PROTECTION.
Limits on Recovery
The Shypr Protection Plan limits a Sender’s recovery for loss or damage to certain items and these limits apply whether or not you purchased Additional Protection. If your Order contains one of the items below, Shypr’s maximum obligation to you for loss or damage to such item is as follows:
Senders sending any item(s) with a value exceeding Shypr’s maximum coverage do so at their own risk. Shypr will not reimburse any Sender for any Order or the item(s) in the Order in excess of Shypr’s maximum limits, no matter the item(s) actual value and no matter whether Sender purchased Additional Protection for the Order.
Additionally, notwithstanding a Sender’s purchase of Additional Protection, Shypr is not liable for loss and/or damage to any Order or any item(s) therein if the item(s) are not properly packaged to withstand transport.
THE SHYPR PROTECTION PLAN DOES NOT APPLY TO ANY PROHIBITED ITEMS OR ANY UNDISCLOSED SPECIAL ITEMS AND UNDER NO CIRCUMSTANCES WILL SHYPR REIMBURSE ANYONE FOR LOSS OR DAMAGE TO A PROHIBITED ITEM OR UNDISCLOSED SPECIAL ITEM WHETHER OR NOT ADDITIONAL PROTECTION HAS BEEN PURCHASED.
FILING A CLAIM
A Sender, you must file a claim within three business days of the Order being delivered. To file a claim:
Most claims will be resolved within five business days after receiving your completed claim form and supporting documentation. Shypr will notify you of its decision and the amount to be paid to you. After you sign a simple release, Shypr will issue you a credit to your Shypr Wallet account. This decision is final and cannot be appealed.
PROOF OF VALUE AND PACKAGING
A Sender must prove the value of the item in the Order subject to the claim, regardless of the value declared or the amount of additional protection purchased. Shypr will not pay on a claim without proof of the declared value. You must also provide documentation that verifies the replacement or repair cost of the item subject to the claim.
Additionally, a Sender must provide all packaging used in the packing of the items subject to the claim or the items themselves when submitting a claim. In cases of an unexplained loss or other mysterious disappearance of an item, the Sender must also provide a satisfactory police report with respect to the lost item or Order when submitting a claim.
REPAIRING OR REPLACING AN ITEM
When repairing or replacing items, Shypr can reimburse the Sender in the following ways:
You must provide a third-party repair quote or evaluation from a qualified repair facility. If the third-party decides that the items is not repairable, Shypr will pay the actual or replacement value up to the maximum liability under the Shypr Protection Plan.
Remember, you must submit all repair quotes as part of the claims process. While Shypr may pay the cost of repair, it is the Sender’s responsibility to have the item(s) repaired.
LOSS OR DAMAGE TO LIMITED PART OF ITEMS
In the event of loss or damage to a set of items, Shypr is only liable to the value of the part of the set that is lost or damaged. Shypr is not liable for the value of the whole pair or set.
In the event of loss or damage to any part of an item (including any part of a machine) that consists of several parts, Shypr is only liable for the value of the part lost or damaged, not to exceed the declared value of the part lost or damaged. In no event will Shypr be liable for the value of the complete item.
THIRD-PARTY CLAIMS PROVIDERS
Shypr may use a third-party provider to manage the claims process. In cases of damage to a Shypr Special Item, Shypr (or its provider) will analyze the integrity of packaging and associated materials and will determine adequate packaging in its sole discretion.
You acknowledge and agree that outside of the Shypr Protection Plan Shypr does not have control over, and has no responsibility for, any damage to the content(s) of an Order and that a Driver is solely responsible to a Sender therefor.
Other details regarding the Shypr Protection Plan and claims for loss and damage can be found in our FAQ
Cancellations and No-Shows
CANCELLATION BY SENDERS
If a Sender needs or wants to cancel an Order, please cancel the request as soon as possible. This will notify the Driver and free them up to accept other Orders from other Senders. To cancel an Order, tap Cancel on the Order Details screen within the Shypr Application, or call Customer Support at 818-861-9395.
WHAT HAPPENS WHEN A SENDER CANCELS OR IS A NO SHOW?
If there's a cancellation or no show, Shypr will charge a Sender $10 for each canceled Order and/or each no-show. An Order is deemed canceled if the Sender cancels the Order once a Driver is already on his way to fulfill the Order (“Cancellation“). A Sender will be considered a no-show if the Sender drop offs the Order at the designated pick-up or drop-off location (1) more than 15 minutes after the agreed pick-up/drop-off time without calling, messaging or otherwise contacting the Driver through the Application, or (2) more than 30 minutes after the agreed pick-up/drop-off time, whether or not Sender has contacted the Driver (“No-Show“). If either a Sender Cancellation or No-Show occurs, a $10 cancellation fee is automatically charged to the Sender’s account.
A Sender will not be charged a cancellation fee if they cancel an Order due to a Driver’s No-Show, or Cancellation or if they cannot contact a Driver during the performance of their Order.
CANCELLATION BY DRIVERS
If a Driver needs or wants to cancel an Order, please cancel the Order as soon as possible. This will notify the Sender and allow them to contact another Driver to accept the Order. To cancel an Order, tap Cancel on the Order Details screen within the Shypr Application, or call Customer Support at 818-861-9395.
WHAT HAPPENS WHEN A DRIVER CANCELS OR IS A NO SHOW?
As with the Sender, an Order is deemed canceled if the Driver cancels the Order once accepting the Order, provided that a Driver may cancel an Order within 10 minutes of being selected for such Order without penalty (“Cancellation“). A Driver will be considered a No-Show if he/she fails to arrive at the drop-off/pick-up location more than 15 minutes after the agreed pick-up time without calling, messaging or otherwise contacting the Sender through the Application, or (2) more than 30 minutes after the agreed drop-off/pick-up time, whether or not Driver has contacted the Sender (“No-Show“).
A Driver will not be charged a fee if they cancel an Order due to a Sender’s No-Show or if they cannot accept the Order due to restrictions in these T&C or other restrictions under applicable law.
ACTIONS LEADING TO SUSPENSION AND/OR DEACTIVATION AND/OR PERMANENT TERMINATION OF ACCOUNTS
Without limiting other remedies, Shypr may suspend, deactivate, and/or terminate your participation in the Services, remove your information from our data bases, and warn our community of your actions, if you breach the terms of the T&C or any Driver or Sender Agreement to which you are subject; we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause financial loss or legal liability for you, our Users or Shypr, its affiliates, or third party providers, or subject Shypr or you or any other User to regulation by any state or local government or regulatory agency; or if we suspect that you have engaged in fraudulent or harmful activity in connection with the Shypr Services or App.
ALL SHYPR ACTIONS TAKEN WITH RESPECT TO THE SUSPENSION, DEACTIVATION AND/OR TERMINATION OF YOUR ACCOUNT MAY BE TAKEN IN SHYPR’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU
Other actions that may lead to Shypr suspending, deactivating or terminating your account are:
CANCELLATIONS AND NO SHOWS
Shypr may suspend or deactivate your account upon your 2nd Cancellation or No Show.
Shypr may suspend or deactivate your account if your overall rating falls below 4-stars.
SHYPR PROTECTION PLAN CLAIMS
Shypr may suspend or deactivate the account of a Driver or Sender if the Driver or Sender is the subject of 1 or more claims under the Shypr Protection Plan.
LOSS OF ITEMS
Shypr may suspend or deactivate the account of a Driver if the Driver completes 2 or more Orders with “shortages”; or if a Driver has 2 or more “mysterious disappearances” of an item in an Order.
FRAUDULENT ACTIVITY, SHIPMENTS OF PROHIBITED ITEMS, REPEAT INFRINGERS
Shypr may suspend, deactivate and/or permanently terminate and delete your account if you or your account is the subject of suspected fraudulent or illegal activity or if Prohibited Items are discovered in your Order.
Additionally, we may, in appropriate circumstances and at our sole discretion, suspend, deactivate or permanently terminate and delete the accounts of any User who may be a repeat infringer of these T&C or any of our other terms or policies.
Shypr reserves the right to terminate any User’s account that has been inactive for 180 days.
YOU CAN LOSE YOUR USER NAME AND PERSONA AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, APP OR ANY PORTION THEREOF, AND SHYPR IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD ORDER PAYMENTS, 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, APP 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.
Shypr may reactivate any Driver or Sender account suspended or deactivated by Shypr in its sole discretion.
Billing and Payment
Shypr is not and will not be a party to the agreements between Users for a Driver to perform delivery services using our Services and App, including the Sender’s agreement to pay the Driver. Therefore, all Users of our Services and App are required to provide their credit card or bank account details and such other information needed to vet the User to Shypr and the Payment Service Provider retained by Shypr (the “PSP”). By accepting the T&Cs, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Shypr is not a party to the PSP Agreement and has no obligations or liability to any User under the PSP Agreement.
Senders will be responsible for paying the invoice for each Order contracted for (the “Invoice”), which will include the pricing terms of the Order as agreed with and provided by a Driver, any out of pocket expenses agreed with and submitted by a Driver in connection with the Order, any tip or gratuity, if applicable, any cancellation or no-show fee, and the fee Shypr assesses for use of its Services and App (combined, the “Order Payment”). Any fees that Shypr may charge a Driver or Sender for their use of the App 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 App or Services either planned, accidental or intentional, or any reason whatsoever. Shypr reserves the right to determine final prevailing pricing and the pricing information published on the Shypr website may not reflect the current pricing.
Users of our Services and App will be liable for any taxes (including VAT, if applicable) required to be paid on the User’s use of the Services and App or on any Order Payment received (other than taxes on the Shypr’s income).
PAYMENT, WITHHOLDING AND RELEASE
If chosen, a Driver is solely responsible for completing delivery of the Order as agreed upon BEFORE being paid. Within 24 hours after a Sender receives confirmation through the Services and/or App that their Driver has completed the Order, the Sender will authorize Shypr to provide the Sender’s payment details to the PSP for processing of Order Payment. Shypr, in its sole discretion, may place a hold on a Driver’s Order Payment if the delivery of the Order is not provided expressly in accordance with the Sender’s directions set forth in the App and request for Services, and the T&C, and/or Shypr determines it otherwise necessary or advisable to place a hold on such Order Payment, including without limitation if Shypr has any suspicion or reason to believe that a Driver or Sender has breached these T&C, including, without limitation by (1) sending or accepting items on the Prohibited Item list; (2) establishing an account with Shypr or entering into an Order with the purpose of defrauding Shypr or any other party; (3) using a stolen credit card or any other false information to establish an account with Shypr or pay for an Order; or (4) otherwise engaging in any questionable or fraudulent activity with respect to the Shypr Services or App.
Shypr will release the Order Payment to a Driver upon establishing the validity of the accounts and Orders under suspicion, in Shypr’s sole but reasonable discretion.
SHYPR WILL NOT RELEASE SENDER’S PAYMENT TO THE DRIVER UNTIL THE PERFORMANCE OF THE ORDER IS COMPLETED BY THE DRIVER AS AGREED UPON HEREIN.
REIMBURSEMENT FOR EXPENSES
A Driver will not be reimbursed for costs and expenses incurred in performing an Order. Shypr will not be responsible for Drivers incurring any expenses such as parking fees or tolls.
YOU HEREBY GRANT SHYPR PERMISSION THE RIGHT AND AUTHORITY TO FULLY INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THESE T&C (INCLUDING ALL DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED HEREIN) TO THE FULLEST EXTENT OF THE LAW, INCLUDING INVOLVING, COOPERATING OR DISCLOSING PERSONAL INFORMATION TO LAW ENFORCEMENT AUTHORITIES IN CONNECTION THEREWITH.
Disclaimer of Warranties and Limits on Shypr’s Liability to You
NEITHER SHYPR NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES OR APP AND SHYPR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE APP. BY USING THE SERVICES OR APP YOU THEREBY RELEASE SHYPR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICES, APP OR THE CONDUCT OR MISCONDUCT OF A USER.
The Services and App are provided to you strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Shypr to the maximum extent permitted by applicable law. Shypr makes no warranties or representations about the accuracy or completeness of any content provided through the Services or App or the content of any websites linked to the Services and App.
Shypr does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Services, App or any hyperlinked website or featured in any banner or other advertising and Shypr 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 Shypr nor its affiliates or licensors warrant or guarantee:
LIMITATIONS OF LIABILITY
SHYPR EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SERVICES OR APP. USE OF OUR SERVICES AND APP ARE ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT SHYPR IS ONLY WILLING TO PROVIDE THE SERVICES AND APP IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
SHYPR CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PROVIDE OR COMPLETE A ORDER AND YOU EXPRESSLY WAIVE AND RELEASE SHYPR FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO OUR USERS OR A ORDER. YOU ACKNOWLEDGE THAT USERS PROVIDING PICK-UP, CARRY AND DELIVERY SERVICES REQUESTED USING THE SHYPR SERVICE AND APP MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED AND MAY NOT HAVE THE PROPER INSURANCE. SHYPR WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN ANY OF OUR USERS. YOU EXPRESSLY WAIVE AND RELEASE SHYPR FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APP OR SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE APP OR SERVICES, OR OTHERWISE.
THEREFORE, YOU AGREE NOT TO HOLD SHYPR, 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 APP, 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 SHYPR OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL SHYPR, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE TO YOU, ANOTHER USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE APP, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN A DRIVER, SENDER, ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE SERVICES OR APP (INCLUDING FOR PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EVEN IF ALL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SHYPR 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 OR TO YOU DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
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.”
Shypr owns all intellectual property rights in and to the Services and the App, including but not limited to database rights, copyright, design rights, trademarks and other similar rights, whether or not currently registered, wherever existing in the world together, with full rights to apply for protection of the same, and your use of the Services or App gives you no rights therein.
APP AND SERVICES LICENSE
Shypr owns and retains ownership in the Shypr Services and App, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the T&C, Shypr hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Services and Application on any Android Device that you own or control and/or any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules“). This license does not allow you to use the Services or App on any Device that you do not own or control. The terms of the license will govern any upgrades provided by Shypr that replace and/or supplement the Shypr Services or App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Shypr reserves the right to stop offering and/or supporting our Services, App or any particular portion or part of our Services or App at any time, at which point your license to use the Service, Application or a part thereof will be automatically terminated. In such event, Shypr shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services or App.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; (ii) modify or make derivative works based upon the Services or the App; (iii) create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App to copy any ideas, features, functions or graphics of the Services or App whether to build competitive products or services using similar ideas, features, functions or graphics of the Services or App, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Services or App (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our App; (vi) attempt to gain unauthorized access to the App or Services or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Services or App; or (vii) use our Services or App to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
LICENSES GRANTED BY SHYPR IN CONTENT
Subject to your compliance with the T&C, including without limitation Driver and Sender Agreements, Shypr grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Content that Shypr makes available through the Services or App, including any Content licensed from a third party (“Shypr Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Services or App, including any questions, comments, suggestions, ideas, feedback or other information about the Shypr Services or App (“User Content” and with Shypr Content collectively, “Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by Shypr above.
Shypr Content may be used solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, App or Collective Content, except as expressly permitted in the T&C. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Shypr or its licensors, except for the licenses and rights expressly granted in the T&C.
You agree that Shypr has no responsibility to, and may not, monitor your access to or use of Collective Content or review or edit any Collective Content. Shypr reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Shypr, at its sole discretion, considers to be in violation of these T&C or otherwise harmful to the Services or App.
LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Services or App, you hereby grant to Shypr a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. Shypr shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Shypr claims no ownership rights in any User Content and nothing in the T&C will be deemed to restrict any rights that you may have to use and exploit your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services or App. By posting or making available any User Content, you represent and warrant that: (i) you are the sole and exclusive owner of all User Content that you make available or post or you have all right, license, consent and release that are required to grant to Shypr full rights in such User Content, as contemplated under the T&C; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Shypr’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Shypr respects copyright law and the intellectual property of others and expects its Users to do the same. Shypr will terminate Users or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on the Services or the App infringe upon your copyrights, please send the following information to Shypr’s Copyright Agent at firstname.lastname@example.org:
OTHER THIRD PARTY INTERACTIONS
During use of the App and Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the App or Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Shypr and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Shypr does not endorse any sites on the Internet that are linked through the Services or App, and in no event shall Shypr or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Shypr provides the App and Services to you pursuant to the terms and conditions in these T&C provided that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. Shypr has no responsibility or liability arising from any agreements between you and such third party providers.
Shypr may rely on third party advertising and marketing supplied through the App or Services and other mechanisms to subsidize the App or Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Shypr reserves the right to charge you a higher fee for the Services or App should you chooses not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on Shypr’s website located at https://www.shypr.biz.
All of our Users are automatically opted-in to receive SMS messaging when signing up for our Services and App and must agree to receive SMS messages in order to use our Services and App. A User can request, accept and cancel Orders via SMS and get notifications regarding an Order, as determined by Shypr Message and data rates may apply. If you change your mobile phone service provider all SMS messaging services from Shypr may be deactivated and you will need to re-enroll in the SMS notification service. Shypr reserves the right to cancel the notification service at any time.
NOTICES TO YOU
Shypr may give Users general notice regarding the Services, the App, these T&C, Drivers or Senders Agreements, or otherwise via electronic mail to your email address on record in Shypr’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Shypr’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Shypr (such notice shall be deemed given when received by Shypr) at any time by email or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Shypr at 172 W Verdugo Ave Burbank, CA 91502, addressed to the attention of: Head of Operations.
You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these T&C, including in any Driver or Sender Agreement, as applicable, to any party without the prior written approval of Shypr in each instance. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services nor App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services and App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
No joint venture, partnership, employment, or agency relationship exists between you, any other User, Shypr or any third party provider as a result of a User entering into a Driver or Sender Agreement or their use of the Services or App. If any provision of these T&C or any Driver or Sender Agreement is held to be invalid or unenforceable, such provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these T&Cs, and the remaining provisions shall be enforced to the fullest extent under law. The failure of Shypr to enforce any right or provision in these T&C, any Driver or Sender Agreement shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by an authorized person from Shypr in writing. Unless Shypr has entered into a separate written agreement with a User addressing their use of the Services and App, these T&C, and all terms, conditions and agreements referenced herein, including without limitation the Drivers and Senders Agreements and the Dispute Resolution/Arbitration Agreement, comprise the entire agreement between our Users and Shypr superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and Shypr regarding a User’s use of the Shypr Application and Services.
SHYPR DRIVERS AGREEMENT
This Shypr Drivers Agreement is a part of Shypr’s Terms and Conditions (“T&C”) located and is incorporated therein by this reference. By using our Services or App, each Driver agrees, represents, warrants, acknowledges and agrees that:
SHYPR SENDERS AGREEMENT
This Senders Agreement is a part of Shypr’s Terms & Conditions (“T&C”) and is incorporated therein by this reference. By using our Services or App, each Sender agrees, represents, warrants, acknowledges and agrees that:
Dispute Resolution / Arbitration Agreement
ARBITRATION OF CLAIMS: Should any “Covered Dispute” (as defined below) between or among any User (including but not limited to Drivers and Senders) and/or Shypr (each a “Party”) not be resolved after 30 days discussion between the disputing Parties (or such longer time as may be mutually agreed upon), the disputing Parties agree to resolve such Covered Dispute as described in this Arbitration Provision.
This Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. § 1, et seq.) and evidences a transaction involving commerce. Any dispute as to whether the Federal Arbitration Act applies to this Agreement and the integrated Arbitration Provision, including whether this Arbitration Provision is exempt from the Federal Arbitration Act as a matter of law, shall be resolved exclusively by a court of competent jurisdiction. However, in all instances where the applicability of the Federal Arbitration Act depends in whole or in part on whether a Driver is properly classified as an independent contractor, that classification issue will be decided exclusively by an arbitrator in accordance with this Arbitration Provision. If the Federal Arbitration Act is found not to apply, the arbitration laws of the State(s) in which Driver performed delivery services for Senders shall apply for all Covered Disputes between Driver, and Senders; and the arbitration laws of the State of Georgia for all other Covered Disputes. The provisions of this Arbitration Provision shall remain in force after the Parties’ contractual relationship ends. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse any User or Shypr from utilizing any procedure for resolution of complaints established in the T&C, including without limitation Driver and Sender Agreements, and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures. Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or any other forum other than arbitration, and requires all such disputes to be resolved on an individual basis and only by an arbitrator through final and binding arbitration and not by way of a court or jury trial, nor a proceeding before any other governmental body, and not by way of a class or collective action or proceeding.