GVER Terms & Conditions
Introduction
By signing up for GVER services you are agreeing to be bound by the following terms and conditions (“Terms of Service”). GVER reserves the right to update and change the Terms of Service by posting updates and changes to the GVER website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement before you may become a GVER user.
1. Introduction
1.1 GVER is a brand and project of Illustrado FZ-LLC. GVER is a platform that allows users to: a) offer their items for free to others and b) receive or take items from the other users for free, paying only the service fee and delivery charges. GVER provides listing and delivery services only. The actual transaction happens between the giver and the receiver. GVER has no control and cannot provide a guarantee on the quality, safety and legality of items posted on the site, or the truth or accuracy of a user’s posting.
1.2 This User Agreement set out the terms and conditions users must comply and abide when using or accessing GVER and its services.
2. Privacy Policy
2.1 GVER takes reasonable measures to safeguard your personal information but it cannot absolutely warrant and guarantee the privacy of your personal information provided through the use of internet. GVER has no control over unlawful and unauthorized practices of third parties.
2.2 GVER may use, process and disclose your personal information to other users of GVER for purposes of providing you access to our Services, to comply with our legal obligations, to enforce our Terms of Service, to facilitate our marketing and advertising activities or to prevent, detect, mitigate and investigate fraudulent or illegal activities related to our Services. GVER shall not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
2.3 You retain all rights to your personal information and can access it anytime. At a regular basis you may update it, such as payment or contact information. If you have any questions about your personal information or this Privacy policy or if you would like to make a complaint about how GVER processes your personal information, please contact GVER by email at hello@gver.net.
3. Account Terms
3.1 You must be 18 years old or older or at least the age of majority in the jurisdiction from which you use this service.
3.2 To access and use the services, you must duly accomplish the registration form with your complete and correct details. GVER at its sole discretion may reject your application for an account or cancel an existing account.
3.3 By providing your email address, you understand and agree that GVER will use your email address as the primary method for communication.
3.4 You shall be responsible for keeping your password secured. GVER cannot and will not be liable for any loss or damage you may incur from your failure to maintain the security of your account and password.
3.5 You are solely responsible for all activity and content uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your account.
3.6 You agree and understand that GVER shall maintain a record of all users with visible statistics and ratings. This will include of how many gives and takes each user has and ratings from other users.
3.7 GVER may, at any time, have a daily or weekly set limit for requests based on the total inventory of items posted by GVER users, as well as other factors determined by GVER. This is to ensure that all GVER users will be given fair opportunity to benefit from the system. This system will be reviewed and revised, as GVER sees fit.
4. Fees and Mode of Payment
4.1 GVER is an online platform allowing for the offer, request and acceptance of items between and among its users. It shall also act as a facilitator in the engagement of delivery services for the collection and/or delivery of items between and among GVER users.
4.2 GVER acting as the courier’s limited collection agent will collect the delivery charges from the concerned GVER user for a confirmed transaction with an additional service fee. For cash on delivery transactions, the courier will directly collect the fees from the receiver. The courier will notify GVER once delivery has been done and payment collected.
4.3 GVER will be offering items either on pay online or cash on delivery basis, as GVER sees fit. For items that are paid online, the user must pay all fees due and payable to GVER upon confirmation of the transaction and prior to delivery of the requested item.
4.4 For confirmed transactions and online payment, unless and until full payment is made within 24 hours from confirmation, no delivery shall be made. After the lapse of the 24 hour grace period, the transaction shall be cancelled and the item shall be made available for other GVER users. For cash on delivery transactions, if the receiver is not in the given delivery address, GVER is authorized to deduct penalty charges from the user’s payment method on file with the system.
4.5 You must have a payment method on file when registering on GVER. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retain collection agencies and legal counsel. GVER or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.
5. Delivery, Refunds and Cancellations
5.1 Delivery and service fees on your order are non-refundable and are based on the weight and volume of the items you order, your location, as well as the related handling charges from the time the item is collected from the giver and delivered to you. In the event that you order multiple items from the system, delivery and service fees are as per separate individual rates, and cannot be consolidated into one delivery charge.
5.2 The date of delivery for your order may vary due to delivery agent practices, your location, method of delivery, quantity of items ordered, complexity of the project, and in addition your order may be delivered in separate shipments. GVER will be informing you promptly about the status of your delivery.
5.3 Additional delivery charges may apply depending on your location and the size of your order. You are responsible for all taxes applicable to the delivery of your order, including sales tax, value added tax, custom duties and excise duties.
5.4 In the event that GVER confirms that it is unable to deliver the item to you, GVER will be refunding your payment minus payment processing charges.
5.5 Order cancellation is only possible if the item delivery has not been processed yet. Subject to the confirmation of GVER, you may be granted a refund. To cancel your order, e-mail – hello@gver.net.
6. Obligations and Warranties of User as the Giver
6.1 You warrant that you are the sole and exclusive owner of all items of any description that you wish to offer for disposal/trade and you have the complete right, title and authority to deal in offer such items.
6.2 You are responsible for the accuracy and content of details of the item offered.
6.3 You shall ensure that the content of the details does not violate any applicable laws and this Terms of Service, otherwise GVER at its own discretion shall delete the item posted.
6.4 You shall post the offered item with all the details necessary to be known by other GVER users.
6.5 You agree and understand that items you upload on the site are given for free, and that you will not use the site to sell anything.
6.6 You can remove items that you have posted as gives, except when the item/s is already requested and confirmed.
6.7 You shall provide an address for the collection of the item.
6.8 You understand and agree that GVER shall keep a record of your transactions.
6.9 You understand that in the event you did not show up at the scheduled time for collection of the item, you shall be liable to pay charges and fees. You agree and authorize GVER to deduct these charges and fees from the payment method on file after the lapse of one (1) hour from the scheduled time of collection.
7. Obligations and Warranties of User as the Receiver
7.1 By registering you understand and agree that items on the system are given as-is on goodwill basis and might have some flaws and need cleaning, and that GVER will not be able to entertain complaints and take returns.
7.2 You are responsible for reading the full item description before making a request or commitment to take the item.
7.3 When you request an item, you understand that it is discretionary to the giver whether he will give it to you or to other GVER users.
7.4 Once you get the approval for your request, you will receive confirmation and the system will proceed with the delivery process for which you will be duly notified.
7.5 You will pay via online payment or cash on delivery basis, as is required by the system.
7.6 You understand that upon request confirmation you enter into a legally binding contract.
7.7 You shall provide complete delivery address.
7.8 You understand that you shall be liable to pay additional charges and fees in the event that you are not in the given address at the time the delivery is made. You agree and authorize GVER to deduct these additional charges and fees from the payment method on file after the lapse of one (1) hour from the time the delivery was made.
7.9 You understand that GVER has nothing to do with the legal transfer of ownership of the items. The transaction is between you as the receiver and the other GVER user as the giver.
7.10 Upon receipt of the item, you shall make the necessary update in the GVER system and you shall be prompted to rate your experience.
8. Relationship and Disclaimer of Warranty
8.1 GVER is merely facilitating the transactions between and among its users and the arrangement of courier services for the collection and delivery of items. GVER is not a party in the transactions between and among the GVER users. GVER shall not be responsible for any non-performance, breach or any other claim relating to or arising out of any transactions entered into between and among GVER users, nor does GVER have any fiduciary duty to any user.
8.2 You and GVER are independent contractors, and nothing in this Terms of Service will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
9. Intellectual Property
9.1 You acknowledge and agree that GVER own all legal right, title and interest in and to the GVER Services, including any intellectual property rights which subsist in the GVER Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
9.2 We do not claim any intellectual property rights over the items you provide to the GVER service. All items you upload remain yours. You can remove your posted items any time, except items that have already been requested and confirmed as given
9.3 You retain ownership over all items that you upload to GVER, until the request has been confirmed and in such case, receiver will become the new owner of the item.
9.4 We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
10. No Warranty
10.1 You expressly understand and agree that your use of the GVER service is at your sole risk and that the GVER services are provided "as is" and "as available” basis without any warranty or condition, express, implied or statutory. GVER does not warrant that the service will be uninterrupted, timely, secure, or error-free.
10.2 In no event shall GVER be liable for any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service.
11. Limit of Liability
You agree to indemnify and hold GVER, its officers, directors and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
12. Termination
12.1 You may cancel your account anytime by sending an email to hello@gver.net, or by utilizing any “cancel account” function provided by the system
12.2 Upon termination of the services by either party for any reason:
(a) GVER will cease providing you with the services and you will no longer be able to access your Account; and
(b) any outstanding balance owed to GVER for your use of the services existing on the date of termination will immediately become due and payable in full.
12.3 GVER reserves the right to modify or terminate the GVER services or your account for any reason, without notice at any time.
12.4 Without limiting any other remedies, GVER may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity, or in any way abused the system in connection with GVER website and its services.
13. Dispute Resolution (Governing Law)
All disputes and differences arising out or in connection with or in relation to this Terms of Service, including any dispute or difference in regard to the interpretation of any provision or term or the meaning thereof, or any question regarding the legal relationships established by this Terms of Service or the consequences of its nullity, then the parties shall first attempt amicably to settle the dispute through good faith negotiations over a period of ten (10) calendar days commencing on the date that a party first sends to the other party a written notice of the dispute. In the event that the dispute has not been settled amicably at the end of the ten (10) calendar days, the dispute shall then be referred to arbitration under the Rules of Arbitration of the Dubai International Arbitration Centre (DIAC). The Tribunal shall comprise of a Sole Arbitrator appointed by DIAC if not agreed between parties within 30 days of a Notice of Arbitration having been served. The language of the arbitration will be English and the place of arbitration shall be in Dubai, UAE. The decision of the Sole Arbitrator shall in all respects be final and binding on the Parties. The construction, validity and performance of this Agreement shall be governed by the laws of UAE.
