Terms of Service Agreement
This Terms of Service Agreement
(the "Agreement") is entered into by and between CJ On The Way LLC (hereinafter referred to as "CJ On The Way," "we," "us," or "our") and the individual or entity utilizing our delivery services (hereinafter referred to as the "Customer," "you," or "your"). By using our delivery services, you agree to be bound by the terms and conditions set forth in this Agreement.
CJ On The Way provides delivery services for various goods and food items (hereinafter referred to as "Items") to Customers. We strive to deliver Items promptly and efficiently, but please note that delivery time estimates are not guarantees and may be subject to delays or unforeseen circumstances.
Payment and Confirmation
a. Payment Process: Upon placing an order for delivery, you will receive a text message containing a payment link generated through Square. The payment link will direct you to a secure payment page where you can review the amount presented to you for the delivery service. Please note that all payments are processed through Square's payment system, and you agree to comply with Square's terms and conditions in relation to the payment process.
b. Payment Confirmation: Your order will only be confirmed and processed once payment has been successfully received by CJ On The Way. Until payment is received, CJ On The Way reserves the right to cancel or delay the delivery of your Items.
a. Item Availability: CJ On The Way will make reasonable efforts to ensure that the Items you request for delivery are available. However, in the event that an Item becomes unavailable after you have placed an order, we may contact you to discuss possible alternatives or refund options.
b. Delivery Attempts: CJ On The Way will make reasonable efforts to deliver your Items to the specified delivery address within the agreed-upon time frame. It is your responsibility to provide accurate delivery details. If delivery cannot be completed due to incorrect or insufficient address information, unavailability, or any other reasons beyond our control, additional delivery attempts may be subject to additional charges.
c. Signature Confirmation: CJ On The Way may require a signature or other forms of confirmation upon delivery to ensure the Items are received by the intended recipient. If you are unavailable to sign for the delivery, you may provide CJ On The Way with alternative delivery instructions or authorize a designated representative to accept the Items on your behalf.
d. Restricted Items: CJ On The Way reserves the right to refuse delivery of any Items that are illegal, hazardous, perishable, or otherwise prohibited by law or this Agreement. You are responsible for ensuring that the Items you request for delivery comply with all applicable laws and regulations.
Limitations of Liability
a. CJ On The Way shall not be liable for any damages, losses, or expenses arising out of or in connection with the use or inability to use our delivery services, including but not limited to delays, delivery errors, or any actions or omissions of CJ On The Way's delivery personnel.
b. CJ On The Way shall not be liable for any damages, losses, or expenses arising out of the condition, quality, or suitability of the Items delivered, as CJ On The Way acts solely as a delivery service and is not responsible for the manufacturing, packaging, or contents of the Items.
c. CJ On The Way's liability for any claim arising under this Agreement shall be limited to the amount paid by you for the delivery service giving rise to such claim.
You acknowledge that CJ On The Way owns all intellectual property rights associated with our delivery services, including but not limited to trademarks, logos, and proprietary software. You agree not to use or reproduce any of our intellectual property without our prior written consent.
a. Either party may terminate this Agreement at any time for any reason by providing written notice to the other party.
b. CJ On The Way reserves the right to suspend or terminate your access to our delivery services immediately and without prior notice in the event of a violation of this Agreement, fraudulent activity, or any other actions that may harm or compromise the integrity of our services or reputation.
You agree to indemnify, defend, and hold CJ On The Way and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of our delivery services, violation of this Agreement, or infringement of any rights of a third party.
Governing Law and Dispute Resolution
a. This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction where CJ On The Way is located.
b. Any dispute arising out of or in connection with this Agreement shall be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved amicably, it shall be submitted to binding arbitration in accordance with the rules and procedures of the chosen arbitration organization.
c. The prevailing party in any arbitration or legal proceedings shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with such proceedings.
CJ On The Way reserves the right to modify, update, or amend this Agreement at any time. Any changes to this Agreement will be effective upon posting the revised version on our website or providing notice to you. It is your responsibility to review this Agreement periodically for any updates or changes.
This Agreement constitutes the entire agreement between CJ On The Way and you regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral.
By using CJ On The Way's delivery services, you acknowledge that you have read, understood, and agreed to be bound by this Terms of Service Agreement. If you do not agree with any provisions of this Agreement, please refrain from using our delivery services.
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org.
Effective Date: 9/21/2021