These terms of service (“Terms of Service” or “Terms”) are a binding agreement between you and Convee, Inc. (“Convee,” “we,” or “us”) that governs your use of our retail and ecommerce returns services (including all related documentation, the “Software” and “Services”). Please note that additional, separate terms may apply to the Software or our other services.
DELIVERY AND ACCEPTANCE
The Software is deemed to be delivered and accepted by you on the date Convee makes the Software available for your use (“Acceptance Date”). The term of these Terms of Service shall commence on our first date of use and will remain in effect until your account is terminated (the “Term”). If the Software is licensed to you on a subscription or usage basis, the Acceptance Date is also the start date of your subscription or usage, and your subscription or usage shall automatically renew unless and until terminated in accordance with these Terms of Service. You agree to be bound by these Terms of Service throughout the Term or use of the Services. You must be of legal age and capacity to form a binding contract in order to accept these Terms of Service. If you are accessing the Software on behalf of a company or other legal entity (“Entity”), you represent and agree that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms of Service. If you do not have the authority to enter into, or you do not agree with, these Terms, do not use the Software and disable your account immediately.
Convee provides pickup and servicing of retail returns and related processing services from your location to the appropriate location, and also related packing services. Convee provides return process status in the Software. Refunds for returned purchases are provided in normal course by the retailer, not Convee. All pickups for delivery must be requested through the software.
You must be 18 years of age or older to visit or use the Services in any manner. By visiting or using the Services and/or accepting these Terms, you represent and warrant that you are 18 years or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant that you will use the Services in a manner consistent with any and all applicable laws and regulations.
USE OF THE SOFTWARE
Convee shall own all right, title and interest, including all related intellectual property rights, in and to the Services, including text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, and other materials (“Contents”). These Terms do not convey to you any rights of ownership in or related to the Services or the Content.
Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Convee.
Subject to your compliance with these Terms, Convee grants you a limited, non-exclusive, non-transferable license: (A) to view, download and print any Content solely for your personal and non-commercial purposes; (B) to view any Content to which you are permitted access solely for your personal and non-commercial purposes; and (C) view and use the Services. You have no right to sublicense the license rights granted in this section, without our prior consent.
You are solely responsible for your Return Requests, the consequences of making a Return Requests, and your reliance on any Return Requests. Convee is not responsible for the consequences of any Return Requests. Convee is not responsible for screening or monitoring Return Requests made through the Services by you. Convee will have no liability or responsibility to users for performance or nonperformance of such activities.
If you use the Software, you are responsible for maintaining the confidentiality of your phone number and 2-step authentication code and for restricting access to your devices. You agree to accept responsibility for all activities that occur under your account or password. Convee reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Convee operates a digital Product that is accessed in a number of forms, including mobile and/or web-based applications (“Product”). Among other things, the Convee Product enables you to discover and receive: (i) services rendered by Convee that facilitate your requests to independent third-party providers, including drivers and retailers (“Third-Party Providers”), for the return of services or goods, such as transportation, logistics and/or delivery services to those Third-Party Providers; (ii) related personalized content, including features, recommendations and advertisements for products or services tailored to your needs and interests; and (iii) any supporting services, including payment processing and customer support.
CONVEE DOES NOT GUARANTEE THE TERMS, POLICY, QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
CONVEE DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF CONVEE.
CONVEE DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. CONVEE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN STORE RETURNS
In some cases, third-party providers (Retailers) require the original form of payment to be present in order to process a return. In some cases, Convee will be forced to refund the return onto a gift card. In the case that the third-party provider will not process the refund onto either the original form of payment or any other form of payment, Convee will return the goods to your original location within 3-8 business days.
Convee reserves the right to cancel any return request made through the product. Reasons for cancellation are at the sole discretion of Convee (including but not limited to): i) Location proximity, either the original pick-up location or desired target return location; ii) Retailer will not accept a Convee return, iii) Convee is unable to pickup or access the physical goods.
TERMS OF SERVICE
To use the Services, you must first provide your phone and 2-step authentication code to Convee. Upon successful completion of your signing up with Convee, Convee will provide you with a personal account, which may be accessible by you with your phone number and 2-step verification code.
Use of the Service
You warrant that the information you provide to Convee is accurate and complete. Convee is entitled at all times to verify the information that you have provided.
Access to the Product is free of charge. Convee reserves the right to introduce a fee for the use of these Services. If Convee decides to introduce such a fee, Convee will inform you accordingly and allow you to either continue or terminate the Services.
Other than during a specified introductory or promotional period (“Free Trial”), You agree to pay for all services requested through Convee, including any service fees. You authorize any charges (including taxes, late fees, or additional fees as applicable) to be placed on the payment method on file with your account. You are responsible for the timely payment of all fees and for maintaining a valid credit card (or other payment method) with your account. Any payment made is non-refundable.
Convee may use a third-party payment processor (the "Payment Processor") to link your credit card account to the Services. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Convee is not responsible for any errors by the Payment Processor.
TEXTING TERMS AND CONDITIONS
In order to use Convee Services, a mobile number must be provided for receiving text messages related to requested pickups. Any promotional texts are not a condition of using the Services. Message and data rates may apply. If you have any questions about your text plan or data plan, please contact your wireless provider. You can opt out of receiving any promotional texts please notify Convee at firstname.lastname@example.org.
Any and all offers or promotions advertised on the Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions
If self-packing, please ensure your goods are adequately packaged for a safe return. It is your responsibility to ensure that proper packaging is used and that contents are adequately and securely packed, wrapped, and cushioned for transportation (and are in compliance with any requirements of third-party retailers and/or Carriers). Convee will print and affix electronic labels provided by you or requested by you.
Convee offers packaging services, which may require an additional fee. Any open boxes will be taped shut and delivered in the box provided by you. Any goods requiring a box will necessarily need to be inspected by Convee to ensure safe transport. Convee may, but is not required to, inspect any return for any reason.
You understand that there is inherent risk in delivery (and related services) and there is potential for returned goods, packages and related items to get lost or damaged. Convee will help rectify damaged returns to the extent the damage was not caused due to inadequate padding, cushioning, wrapping and/or packaging by you. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Convee’s aggregate liability in no event shall exceed the amount of $1,000.
Disclaimer of Warranties. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CONVEE, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CONVEE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitations and Exclusions of Liability. To the fullest extent permitted by law, in no event will Convee or our affiliates, licensors or service providers be liable for the following, regardless of the theory of liability or whether relating to or arising out of these Terms of Service, the Software, your subscription, or otherwise, even if a party has been advised of the possibility of such damages: (a) you or your End Users’ inability to use the Software; (b) loss or corruption of data or interrupted or loss of business; (c) cost of substitute goods or services; (d) personal injury or property damage; (e) loss of revenue, profits, goodwill or anticipated sales or savings; or (f) indirect, incidental, exemplary, special or consequential damages. All liability of Convee, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, to you, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed, in the aggregate, the total fees attributable to the twelve (12) month period before the initial claim and paid by you.
Indemnification. You agree to indemnify, defend, and hold harmless Convee and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your or your use or misuse of the Software and Services or your breach of these Terms of Service.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SOFTWARE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver of Class Action. YOU HEREBY WAIVE, ON BEHALF OF YOURSELF AND YOUR END USERS, ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AGAINST Convee RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING AGAINST Convee OTHERWISE COMMENCED.
Governing Law. These Terms of Service are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Software shall be instituted exclusively in the federal courts of the United States or the courts located in Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Geographic Restrictions. You acknowledge that you may not be able to access portions or certain features of the Software and Convee Content outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you or you access the Software and Convee Content from outside the United States, you are responsible for compliance with local laws.
Modifications to Terms of Service. Convee reserves the right to modify these Terms of Service at any time, effective upon posting. You can tell when changes have been made to these Terms by referring to the “Effective Date” legend on top of this page. Convee will provide you with advance notice of a major change. For example, Convee may (a) require that you reaccept the updated version of these Terms, (b) send you an electronic notification advising of the update to these Terms, or (c) include a notice on our Software. Convee does not ordinarily provide advance notice of a minor change. Your continued use of the Software after these Terms have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of these Terms.
Miscellaneous. If any provision of these Terms of Service is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or severed from the document if and solely to the limited extent such construction is not possible, and the remaining portion of these Terms shall remain in full force and effect. These Terms of Service, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Convee’s prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. No joint venture, partnership, employment or agency relationship exists between you and Convee as a result of these Terms or your End Users’ use of the Software. Convee’s failure to enforce any provision of these Terms of Service will not be deemed a waiver of that or any other provision of these Terms.