The following Terms of Service (“Terms”) between you (“you” or “your”) and Zaffiro Learning Private Limited (“we,” “our,” “us”, “the Company” or “Hey Deedee®”) which owns and operates the brand Hey Deedee®, including all spellings and other variations, describes the terms and conditions on which you may access and use the Hey Deedee® website (the “Site”) located at heydeedee.com, heydeedee.in, heydeedeeapp.com, heydeedeeapp.in, the Hey Deedee® mobile app (the “App”), any interactions on Hey Deedee’s Facebook or Twitter pages or any other digital media and all related services including but not limited to parcel delivery and (together with the Site, the App, and the Hey Deedee® Content, as defined below, known as the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by the terms set out hereunder “Terms”.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
Through the Services, we aim to provide instant parcel delivery services for the following reasons:
Children under 18 years of age require their parent or legal guardian to use the Services on their behalf. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child under 18 years of age, you are fully responsible for his or her use of the Services and the delivery and acceptance (hereinafter defined), including all legal liability he or she may incur.
Hey Deedee® may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, Hey Deedee® will use commercially reasonable efforts to notify you of material changes to these Terms by either posting a notice on the Site and/or sending an email to the email address you provided to Hey Deedee® upon registration or in such appropriate manner as Hey Deedee® may deem fit.
The Services include the delivery of parcels from Location A to Location B for a fixed fee, and period. This Section 2(A) sets out terms and conditions that apply to your use of the service
RIGHT TO REFUSAL: Hey Deedee® reserves the right to provide any of its Services. Services may be denied for any reason including but not limited to parcel content risk, distance, etc. Hey Deedee® may deny its Services without providing any explanation for the same.
LIMITS: You acknowledge and agree that we may place limits on use of service, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit use of riders for any reason, including but not limited to availability of riders concerns.
COLLECTIONS: If you do not pay the amounts you owe to Hey Deedee® when due, then Hey Deedee® will need to institute collection procedures. You agree to pay Hey Deedee’s costs of collection, including without limitation reasonable lawyers’ fees.
TYPES OF PARCELS: Parcels can weigh up to 5 kgs only. We cannot deliver the following: ice creams; any fragile products; inflammable or illegal substances; any cash, of any denomination whatsoever.
The following additional conditions apply to the delivery payment options of parcels.
The delivery fee for the parcel will be the total of the fee payable towards delivery of a parcel. A booking for a delivery on the Site or Phone is an order for the delivery of that parcel, regardless of how far in advance that parcel is booked to be delivered. In addition, at the time of paying of the Fee, you will also pay via payment modes available as stated on the Site or on the Phone. If the Fee is collected through cash (on delivery), you hereby confirm/assure that you will allow our delivery executive to take a picture of your identity proof (i.e. either your passport or PAN card or Aadhar card) or provide our delivery executive with a copy of the same.
RECEIPT OF THE PRODUCTS:
If, despite reasonable effort on our part, if we are unable to deliver the parcel on the agreed date due to change in schedule on your part or the part of the person you are delivering to (as authorized at the time of booking), the Fee will accrue in the same manner as if the parcel had been delivered on the agreed date.
Please check the parcel on delivery. If the person being delivered to accepts the delivery, and signs the delivery release form, it is deemed that there is no wrongdoing or damage to the parcel and that the parcel is what it is meant to be and fully functional.
LINKS TO THIRD-PARTY WEBSITES: The Services may contain links or references to non-Hey Deedee® websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Hey Deedee® is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Hey Deedee®, and Hey Deedee® has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Hey Deedee® endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
USE OF Hey Deedee® CONTENT: No part of the Services, including the Hey Deedee® Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Hey Deedee® authorizes you to view, copy, download, and print Hey Deedee® Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the Hey Deedee® Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Hey Deedee® Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Hey Deedee® Content.
USE OF THE SERVICES: You may not use the Services to: (i) deliver any content, information or other materials that are, or which Hey Deedee® considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) deliver anything including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Hey Deedee® representative; (vii) post, collect or disclose any personally identifying information (including account names); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH: By using the Services, you agree to indemnify, hold harmless and defend Hey Deedee® and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, lawyers' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
If you post, upload or make available to Hey Deedee® or the Services, or otherwise submit to or through Hey Deedee® as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Hey Deedee® a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Hey Deedee® to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
Access to parts of the Services may require the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Hey Deedee® promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the Hey Deedee® Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
The Services, including the Hey Deedee® Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Hey Deedee® and its affiliates and licensors, and are protected from unauthorized copying and dissemination by the Indian copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “HeyDeedee®” and the Hey Deedee® logo are registered property of Zaffiro Learning Pvt. Ltd., under the applicable laws of India and/or other countries. Other Hey Deedee® product or service names or logos appearing on or through the Services are either property of Hey Deedee® and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. Hey Deedee® and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any Hey Deedee® Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of HeyDeedee or such third party that may own such Hey Deedee® Content.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Hey Deedee® may use your Feedback without restriction or obligation to you or any third party.
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
Any violation of these Terms, including any of the prohibitions in Section 3(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. Hey Deedee® may also terminate your account if Hey Deedee® determines that your conduct poses a risk or liability to Hey Deedee®, or for any other reason as determined by Hey Deedee® in its sole discretion.
In each of these cases, the Terms will terminate, including your license to use the Services, except that any and all dues to Hey Deedee® including but not limited to Rental Fees, late fees, impairment claims, etc. will continue to apply.
EXPORT LAWS: You agree not to export the Services, including the Hey Deedee® Content, or any part thereof, in any way.
GOVERNING LAW AND VENUE: These Terms are governed and interpreted pursuant to the laws of the India, and, subject to the Dispute Resolution clause below, the courts at Mumbai shall have exclusive jurisdiction.
DISPUTE RESOLUTION: If any controversy, conflict or dispute of any nature arises out of or relating to or in connection with these Terms the parties shall use all reasonable endeavors to resolve the matter amicably.
If such dispute cannot be resolved amicably, then such controversy, conflict or dispute of any nature arising out of or relating to or in connection with the provisions of these Terms, shall be settled exclusively and finally by arbitration carried out in Mumbai and conducted in the English language.
The arbitration shall be conducted and finally settled by 1 (One) arbitrator in accordance with the Indian Arbitration and Conciliation Act, 1996. The sole arbitrator shall be appointed by Hey Deedee®. The arbitrator shall give a reasoned decision or award in English within 90 (Ninety) days from the commencement of the arbitration.
ENTIRE AGREEMENT: These Terms are the entire agreement between you and Hey Deedee® relating to the subject matter herein and shall not be modified except by Hey Deedee® in accordance with these Terms, or as otherwise agreed in writing by you and Hey Deedee®. No employee, agent or other representative of Hey Deedee® has any authority to bind Hey Deedee® with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER: If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
ASSIGNMENT: You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Hey Deedee® may assign these Terms at any time without notice to you.
FORCE MAJEURE: Hey Deedee® will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Hey Deedee’s reasonable control.
CONTACT INFORMATION: Please send any questions or comments, or report violations of these Terms, to Hey Deedee® at firstname.lastname@example.org