Trunkdrop Terms & Conditions
Effective: December 1st, 2022
These Terms and Conditions (“Terms“) set forth the terms and conditions Trunkdrop. Inc., a Delaware corporation (“Trunkdrop”) requires you to accept if you want to download, install, access or use the Trunkdrop platform (“Platform”) via our website at www.Trunkdrop.com (“Website”) and/or via any associated application or API (“App”) in order to receive Delivery Services from, or perform Delivery Services for, other Users of the Platform. These Terms whether stated or otherwise referenced herein constitute a legal agreement between you and Trunkdrop. By using or accessing the Trunkdrop Platform in any manner, including downloading, installing or using any App, or receiving or performing any Delivery Services, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time at our Website at https://www.Trunkdrop.com/terms or on the App. Upon accessing or using the Trunkdrop Platform, or receiving or performing Delivery Services you become a “User” of Trunkdrop’s Platform, whether as a “Driver” or a “Sender“, as further described herein.
These Terms expressly include the Driver Agreement and Sender Agreement which are incorporated into these Terms by this reference. These Agreements set forth the specific obligations you must agree to in order to use the Platform as a Driver or a Sender and you agree to be bound by the applicable Agreement upon accepting these Terms.
You may only access the Platform using the Website, an 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“). Trunkdrop 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. Trunkdrop reserves the right to deactivate your account and your ability to use our Platform if you access the Platform with the wrong version of the App or an incompatible or unauthorized Device.
Trunkdrop reserves the right to modify the terms and conditions of these Terms or any of its policies relating to our Platform or the accessing of Delivery Services by our Users thereon at any time, effective upon posting of an updated version of the Terms on our Website and on our App. You are responsible for regularly reviewing these places for any updates to the Terms. Use of our Platform after any updates to these Terms shall constitute your consent to all such changes made to the Terms in such update and your affirmation of your agreement to the updated Terms as a whole.
OUR SERVICES UNITE DRIVERS AND SENDERS
Our Platform makes possible a connection between those individuals and/or businesses (“Senders“) that want to contract with someone to pick-up, carry and/or deliver personal property and goods (“Delivery Services“) and those individuals and/or businesses seeking to perform the Delivery Services (“Drivers“). The performance of Delivery Services by a Driver, the time period in which these Delivery 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 “Gig”. Drivers and Senders together are referred to as “Users“ of our Platform.
Our Platform connects third party Drivers who want to deliver Gigs for third party Senders, and gives those Senders a way to find those Drivers and schedule their Gigs. Drivers are self-employed individuals and independent contractors who choose to perform Delivery Services for Senders posting Gigs on our Platform. At no time does Trunkdrop control whether or when a Sender posts a particular Gig, or whether or when a Driver chooses to offer for a particular Gig. Agreeing to perform Delivery Services for Senders through the Trunkdrop Platform does not preclude a Driver from providing Delivery Services, or any other types of services, under another platform or for other persons simultaneously.
TRUNKDROP IS A LOGISTICS MANAGEMENT PLATFORM AND DOES NOT PROVIDE TRANSPORTATION SERVICES.
WE ARE NOT A TRANSPORTATION CARRIER. IT IS THE DRIVER’S SOLE DECISION WHETHER TO OFFER FOR AND PROVIDE THE DELIVERY SERVICES REQUESTED BY A SENDER.
Our Platform enables connections between our Users to contract for Gigs; however Trunkdrop has no control over and is not responsible for the performance, actions or inactions of any User, whether associated with the use of our Platform or the receiving or providing the Delivery Services via our Platform, in public, private, or offline interactions, or otherwise. That’s why we rely on YOU, our Users, to follow some rules to keep the Trunkdrop community safe, friendly and helpful for all!
User Representations and Warranties
Most importantly, all Users need to know that every time you access or use the Platform or receive or perform Delivery Services through the Platform, you expressly agree, represent and warrant that, at the time of each such access or use:
You are legally entitled to and have the right, authority and capacity to enter into the agreements set forth in these Terms and to fulfill your obligations hereunder.
Your use of the Platform is for your sole, personal use and you will not resell to a third party.
You are at least 18 years of age or such older age as may be required in a State or other jurisdiction that restricts the ability to enter into agreements due to age.
If you are not the required age you must not use the Platform and you may not perform Delivery Services.
You will only create one User account.
You will keep secure and confidential your User account password or any identification we provide you which allows access to our Platform.
You will provide Trunkdrop with such proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation (actively or by omission) with any person or entity, including Drivers must use a true facial picture in their profile when creating a Trunkdrop account.
You will not represent yourself to be an agent, subcontractor, representative, employee or affiliate of Trunkdrop.
You will only access and use the Platform and receive or perform Delivery Services for lawful purposes and in accordance with all applicable laws and regulations.
You will not access or use the Platform, or receive or perform Delivery Services for shipping, sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity, or for committing or assisting in the commission of a crime.
You will keep in confidence and shall not disclose, or use for the benefit of others, any and all third parties’ confidential, proprietary, or personally identifiable and/or personal health information including that of Trunkdrop personnel, or any Sender (or their personnel), Driver (or their personnel), Gig recipient (or their personnel), or other Users of the platform and of which you may become aware as a User, except as necessary to carry out and perform under these Terms.
You will not collect or store any information about any Trunkdrop personnel, or any Sender (or their personnel), Driver (or their personnel), Gig recipient (or their personnel), or other Users of the platform.
You will not access or use any information about any Trunkdrop personnel, or any Sender (or their personnel), Driver (or their personnel), Gig recipient (or their personnel), or other Users of the platform except only as strictly needed during the performance of a Gig.
You will not contact any Trunkdrop personnel, or any Sender (or their personnel), Driver (or their personnel), Gig recipient (or their personnel), or other User directly or outside of the Platform. You shall not contact any Sender (or their personnel), Driver (or their personnel), Gig recipient (or their personnel), or other Users directly once the Gig is complete.
You will not contact any Trunkdrop personnel for any personal reason that does not involve your use of the platform.
You will not stalk, intimidate, threaten or otherwise harass or cause physical or mental distress to any third party, including Trunkdrop personnel, or any Sender (or their personnel), Driver (or their personnel), Gig recipient (or their personnel), or other Users of the platform and the general public.
You will not copy, or distribute text, graphics, images, music, software, audio, video, information or other like materials related to our Website, Platform or App (“Content“) without written permission from Trunkdrop.
You will not access or use our Platform or receive or perform Delivery Services in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Platform or receiving or performing Delivery Services.
You will not infringe the rights of any third party (including other Users and Trunkdrop) and including, intellectual property, privacy, publicity or contractual rights.
You will not discriminate against someone based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
You will not assist any third-party in any of the above.
ALL CONTACT BETWEEN USERS SHOULD END WHEN THE GIG IS COMPLETE.
TEXTING, CALLING, VISITING, OR TRYING TO VISIT SOMEONE IN PERSON AFTER THE GIG HAS BEEN COMPLETED IS NOT ALLOWED.
YOU SHOULD IMMEDIATELY ALERT TRUNKDROP IF ANOTHER USER CONTACTS YOU FOR ANY REASON OTHER THAN YOUR GIG.
Keeping the Trunkdrop Community safe, friendly and helpful for all means that all Users of our Platform have a responsibility to treat each other with respect and dignity. That is why Trunkdrop strictly enforces its Non-Discrimination and Respect Others Policies as set forth below.
Trunkdrop Non-Discrimination Policy
Trunkdrop and its affiliates prohibit discrimination against any User or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Trunkdrop wants all of our Users to feel safe and welcome and we do not tolerate any conduct that we determine to be discriminatory.
Such discrimination includes, but is not limited to, intentionally refusing or canceling Gigs solely for the purpose of avoiding a particular neighborhood due to the characteristics of the people or businesses that are located in that area or because you are uncomfortable with certain persons based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation.
Trunkdrop Respect Others Policy
Trunkdrop prohibits all Users from displaying any aggressive, confrontational, intimidating, threatening or harassing behavior toward others, including without limitation:
Hitting, hurting, or intending to hurt any person or animal, or threatening to do the same. Using language or making gestures that could be disrespectful, harassing or threatening.
Sexual assault or sexual harassment or misconduct of any kind. Assault includes any intentional bodily contact made without explicit consent of the other person, and sexual harassment and misconduct, includes without limitation unconsented to advances, behaviors and remarks like nudging, whistling, winking or flirting, discussing your own or someone else’s sex life, using explicit language, or making jokes about sex.
Disrespecting personal space and/or privacy, like standing unnecessarily close, or commenting on personal appearance, perceived gender identity, or sexual orientation, or asking unrelated personal questions.
ANY USER FOUND TO HAVE VIOLATED TRUNKDROP’S NON-DISCRIMINATION POLICY OR ITS RESPECT OTHERS POLICY WILL IMMEDIATELY LOSE ALL ACCESS TO THE TRUNKDROP PLATFORM.
Consumer Report and/or Investigative Consumer Reports
After a Driver forms an account on the Trunkdrop App and is conditionally granted the right to access and use the Trunkdrop App Trunkdrop will obtain your consumer report and/or investigative consumer report from a third-party Credit Reporting Agency (“CRA”). During registration as a Driver, you are required to provide a valid driver’s license and Social Security Number, and your written consent to Trunkdrop obtaining your consumer report and/or investigative consumer report at that time, prior to allowing you to perform Gigs, and/or at any time thereafter, as and when determined in our sole discretion, and without any additional consent from you, as may be allowed pursuant to applicable law. The consumer report and/or investigative consumer report does not include a credit check.
In order to be eligible to perform certain Gigs and to help protect against theft and fraud, Drivers may be asked to submit additional personal information to verify their identity, including biometric information or identifiers such as a selfie, scan of their driver’s license and/or other government ID or photo, scan of their face, facial patterns, fingerprints, and voice or typing cadence (“biometric data”).
ALL USERS ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING OUR PLATFORM TO RECEIVE OR PERFORM DELIVERY SERVICES, THEY MAY BE EXPOSED TO UNKNOWN THIRD-PARTIES AND CONTENTS IN GIGS THAT MAY BE OR ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE.
What does a consumer report and/or investigative consumer report include?
What if my consumer report and/or investigative consumer report is inaccurate or incomplete?
Why do I have to take a photo of my ID and take a selfie during sign up?
How does Trunkdrop use, disclose, secure and/or store my biometric data and personal information?
It is every Driver’s duty and obligation to know and comply with these Terms and the Drivers Agreement found here: https://www.Trunkdrop.com/Trunkdrop-drivers-agreement contained herein and all applicable federal and state laws relating to the items included in any Gig they offer to perform.
Permits, Auto Insurance and Health Insurance
Because Drivers act as their own employer in providing Delivery Services via the Trunkdrop Platform, Trunkdrop does not, and has no responsibility to, provide or pay for any permit, license or insurance a Driver may need or that may be advisable, to perform Delivery Services via the Trunkdrop Platform. Many states require a Driver to have permits and/or licenses to carry certain Gigs. Additionally, many insurance companies will require a Driver to have some level of commercial insurance if using a personal vehicle for business purposes and all Drivers should be aware that their standard automobile liability insurance may not provide them coverage while they are engaged in performing a Gig or while or logged into the App.
Trunkdrop does not provide health insurance, or any other compensation to Drivers if they are hurt or injured while performing a Gig and Trunkdrop does not carry workers’ compensation insurance for any Driver unless specifically required by State law. For these reasons, all Drivers are required to have adequate health insurance prior to performing a Gig. Only you can know if you are physically capable of handling a Gig you agree to deliver and Trunkdrop is not liable to you for any costs or damages you may suffer if you are hurt or injured while performing a Gig. At all times you are solely responsible for the costs of any medical care you may require due to any such injury.
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 Gigs. A Driver must have valid auto insurance in such amounts as required by State Law and its insurer to cover Driver’s performance of Gigs through the Trunkdrop Platform PRIOR to offering on Gigs. A Driver will not be allowed to deliver Gigs and will be removed from the Platform if the Driver does not have auto insurance coverage in at least the minimum amounts required by the State in which the Driver provides Delivery Services. A Driver must carry proof of all required auto insurance coverage at all times while performing Gigs and must provide the same to Trunkdrop and/or other authorities and officials upon request.
A DRIVER MUST HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS TO CARRY ALL ITEMS CONTAINED IN GIG.
ALL DRIVERS SHOULD CHECK WITH PROFESSIONALS TO ENSURE THAT YOU HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS BEFORE YOU OFFER FOR A GIG.
TRUNKDROP 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 ON THE PLATFORM.
During the performance of Gigs, Drivers will have access to the “Confidential Information” of many third parties, including without limitation, the Confidential Information of Trunkdrop, Senders, and/or Gig recipients. “Confidential Information” means all information, whether oral, written, contained on electronic media or otherwise, to which a Driver is given or has access to, or is made available to the Driver in connection with the performance of Gigs, including without limitation names, addresses, telephone numbers and other information which may be used to specifically identify a person (“PII” or “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 Trunkdrop’s personnel or customer information of Trunkdrop, Senders and/or Gig recipients of which a Driver becomes aware.
Trunkdrop and Drivers have special obligations with respect to the protection of 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 Trunkdrop 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. Trunkdrop and Drivers are under a strict obligation not to use or disclose PII except as necessary to perform and deliver Gigs.
Protected Health Information: If a Driver delivers Gigs containing prescriptions, medicines or other medical documents, the Driver may have access to Protected Health Information. While Senders should not be making Protected Health Information accessible to Drivers, if such information is accessed inadvertently, Drivers are under a strict obligation not to use or disclose it in any manner.
BY USING THE TRUNKDROP PLATFORM TO RECEIVE OR PERFORM DELIVERY SERVICES 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, AS A USER OF THE TRUNKDROP PLATFORM ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF ALL SUCH CONFIDENTIAL AND PERSONAL INFORMATION AND YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES MAY YOU DISCLOSE SUCH INFORMATION TO ANY OTHER PERSON OR USE SUCH INFORMATION FOR ANY OTHER REASON THAN TO RECEIVE OR PERFORM DELIVERY SERVICES VIA THE TRUNKDROP PLATFORM.
Driver Teams and Driver Personnel
To the extent permitted by law and subject to these Terms, Drivers may work in teams (“Driver Teams”) and/or may hire or engage others as employees or subcontractors (collectively “Driver Personnel”) to perform all or some of the Delivery Services to be provided by the Driver, provided all Driver Team members and all Driver Personnel are registered and have formed an account on the Trunkdrop Platform and meet all requirements applicable to Drivers contained in the Terms including, presenting, or agreeing to Trunkdrop obtaining, their consumer report and/or investigative consumer report, and agreeing to these Terms and Drivers Agreement, prior to Driver using such Driver Personnel to perform Delivery Services on Driver’s behalf.
To the extent a Drivers work in a Driver Team, all Drivers in such Team shall be jointly and severally liable for all obligations and liabilities arising from acts and omissions of the Driver Team in performing the Delivery Services. To the extent that a Driver provides Delivery Services using Driver Personnel, Driver shall be solely responsible for the direction and control of the Personnel it uses in the performance of Delivery Services, and solely liable for all obligations and liabilities arising from acts and omissions of Driver Personnel in performing the Delivery Services, as if Driver was performing such Delivery Services themself. Driver also assumes full and sole responsibility for the payment of all amounts due to their Personnel for any work performed under these Terms, including all wages, benefits and expenses, if any, and for all required state and federal income tax withholdings, unemployment insurance contributions, and social security taxes.
The Drivers Agreement provides more details regarding a Driver’s responsibilities and obligations with respect to the use of Driver Personnel.
General It is every Sender’s duty and obligation to know and comply with the restrictions contained herein and all applicable federal and state laws relating to the items included in their Gig. Senders have the responsibility to package items appropriately based on level of risk, fragility and other factors specific to the individual item. Trunkdrop is not liable for loss or damage to any Gig if it is not properly packed to withstand transport, or to ensure the safety and integrity of the item or in compliance with all applicable laws. Sender will be fully responsible for all liabilities arising from Sender’s failure to comply with these Terms, or all applicable laws with respect to the inclusion of specific items contained in a Gig.
Limitations on Gig Contents
Senders may not and each Sender agrees they will not request delivery of Gigs that include any Prohibited Item listed below:
Anything illegal including, without limitation, recreational drugs and other contraband.
Hemp, hemp derived cannabidiol (“CBD”) products of any type, including oils, tinctures, edible products, beverages, and cosmetic or personal care no matter THC level, and marijuana, marijuana derived strains, and marijuana products (whether or not legal and no matter the THC level) (collectively, “CBD and Marijuana Products”).
Beer, wine, spirits and other alcohol and liquor Products (“Alcohol Products”) and traditional cigarettes, cigars and other any product made or derived from tobacco that is intended for human consumption, and E-cigarettes, vape pens, tank systems and other electronic nicotine delivery systems (collectively “Tobacco and ENDS Products”) or any other product regulated and controlled by the United States Alcohol and Tobacco Tax and Trade Bureau (TTB).
Any “Hazardous Material” as defined in CFR, Title 49, in any quantity, including compressed gases such as propane, CO2 (carbon dioxide) and O2 (oxygen).
Any Hazardous Waste, defined as a “solid waste” that meets any of the criteria of the hazardous waste as described in 40 C.F.R. § 261.3.
Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
Cremated remains, human remains, fetal remains, human body parts, or components thereof.
Any Delivery Order to be transported over state lines (i.e., interstate) or over fifty (50) miles if being delivered to and from a location in the State of California.
Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount.
Devices containing gunpowder and other combustible chemicals that explode to produce visual and audible effects when ignited (“Fireworks”), including common Fireworks and display Fireworks.
Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons.
Prescription drugs and medicines or regulated over the counter medicine.
Heavy haul, oversize or overweight items, either individually or collectively, weighing more than 400 , and/or individually exceeding more than 12 feet in any dimension (“Oversized Items”).
Gun Safes: Upright, fire rated, regardless of weight.
All live animals.
No item being transported or shipped by or on behalf of any governmental authority.
TRUNKDROP HAS AND TAKES NO RESPONSIBILITY OR LIABILITY FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY GIG OR SENDER’S FAILURE TO COMPLY WITH ALL APPLICABLE LAWS.
Sender Open Box Policy: Trunkdrop 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, Trunkdrop supports and strongly encourages its Drivers and Senders to always use an Open Box Policy. Trunkdrop’s Open Box Policy means our Senders should always leave packaging open so that a Driver may inspect the contents before leaving with the Gig. 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 Gig.
Senders should know that a Driver is NEVER under an obligation to take or bring anything that the Driver has not been given the right to inspect as described and limited above and can always cancel the Gig without penalty if a Sender does not allow inspection or gives a hard time about the Driver asking to inspect the Gig.
Packing Your Gigs Generally: Senders have the responsibility to package items appropriately based on level of risk, fragility and other factors specific to the individual item, as determined by the Sender. Trunkdrop cannot know what packaging is necessary for any item you send. Please use your common sense when packing your Gig as Trunkdrop is not liable for loss or damage to any Gig if it is not properly packed to withstand transport, or to ensure the safety and integrity of the item or in compliance with all applicable laws.
TRUNKDROP PROTECTION PLAN
Trunkdrop wants you to feel confident that your Gig is in good hands. With no extra fee, the Trunkdrop Protection Plan provides Senders with protection against loss, damage or theft to items in your Gig, up to $100* of protection per Gig. Additional Protection is available for purchase through Trunkdrop’s partnership with UPS Capital, up to $10,0000* per Gig. *Exceptions and limitations apply, please read full policy before purchasing any Additional Protection.
For the full terms of the Trunkdrop Protection Plan and how to File a Claim, visit https://support.Trunkdrop.com/hc/en-us/articles/5914545007515-Trunkdrop-Protection-Plan.
CANCELATIONS AND NO-SHOWS
Cancelation by Senders
If a Sender needs or wants to cancel a Gig, please cancel the request as soon as possible. This will notify the Driver and free them up to accept other Gigs from other Senders. To cancel a Gig, tap Cancel on the Gig Details screen within the Trunkdrop App, or call Customer Support at 1-(470)-785-9787.
What Happens When a Sender Cancels or is a No Show? Trunkdrop will charge a Sender $10 for each canceled Gig and/or each no-show. A Gig is deemed canceled if the Sender cancels the Gig once a Driver is already on his way to fulfill the Gig (“Cancelation“). A Sender will be considered a no-show if the Sender drop offs the Gig 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 Platform, 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 Cancelation or No-Show occurs, a $10 cancelation fee is automatically charged to the Sender’s account.
A Sender will not be charged a cancelation fee if they cancel a Gig due to a Driver’s No-Show, or Cancelation or if they cannot contact a Driver during the performance of their Gig.
Cancelation by Drivers
If a Driver needs or wants to cancel a Gig, please cancel the Gig as soon as possible. This will notify the Sender and allow another Driver to accept the Gig. To cancel a Gig, tap Cancel on the Gig Details screen within the Trunkdrop App, or call Customer Support at 1-(470)-785-9787.
ACTIONS LEADING TO TEMPORARY LOCKS
AND/OR PERMANENT DEACTIVATION OF ACCOUNTS
Without limiting any other of its remedies at law or in equity, Trunkdrop may temporarily lock and/or permanently deactivate your Trunkdrop account and access to the Platform and eliminate your ability to offer to perform Delivery Services if:
you breach, are suspected of breaching, or are alleged to have breached these Terms or the Terms or any Driver or Sender Agreement to which you are subject or any of Trunkdrop’s other terms or policies governing a User’s use of the Platform;
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 Trunkdrop, its affiliates, or third party providers; we believe you may subject Trunkdrop or you or any other User to regulation by any state or local government or regulatory agency;
we suspect or it has been alleged that you have engaged in fraudulent, illegal or harmful activity in connection with your use or access of the Trunkdrop Platform or App, or in connection with your receiving or providing Delivery Services or you or your account is the subject of an investigation of alleged or suspected fraudulent, illegal or harmful activity; or
Prohibited Items are discovered in your Gig.
Other Actions Leading to Locked or Deactivated Accounts
Cancelations and No Shows: Trunkdrop may temporarily lock your account after your second Cancelation or No Show and may permanently deactivate your account upon your third Cancelation or No Show.
Negative Ratings: Trunkdrop may temporarily lock or permanently deactivate a Driver’s account if the Driver’s overall rating falls below 4-stars.
Claims for Damage, Loss or Theft of Items in Gigs By a Sender or Recipient: Trunkdrop may temporarily lock a Sender’s account upon receiving notice that items in your Gig are missing or damaged. The Sender’s account will remained locked during the investigation of such claim. All Drivers and Senders are liable for loss, theft or damage to items in a Gig caused by such Driver or Sender and if either is found to be liable for the claim, Trunkdrop may permanently deactivate the account of the Driver or Sender.
Claims for Damage, Loss or Theft of Items in Gigs By a Driver: Trunkdrop will temporarily lock a Driver’s account upon receiving notice that items in your Gig are missing or damaged. The Driver’s account will remained locked during the investigation of such claim. If a Driver is found to have caused the claim, Trunkdrop may permanently deactivate the Driver’s account.
Theft: Any Driver, Sender or recipient who steals any items in a Gig will be permanently deactivated immediately and prosecuted to the fullest extent of the law.
Inactive Accounts: Trunkdrop reserves the right to permanently deactivate any User’s account that has been “inactive” for 60 days or more. If a Driver has not offered on a Gig within the past 60 days, such Driver is deemed to be inactive.
Reactivation of Temporarily Locked Accounts: Trunkdrop may reactivate any Driver or Sender whose account was temporarily locked, in its sole discretion.
Trunkdrop may temporarily lock a User’s account while investigating any incident or action that could lead to Trunkdrop permanently deactivating the User’s account. The User’s account may be locked for such time as Trunkdrop determines is necessary to complete its investigation, in its sole discretion.
Trunkdrop does not make the decision to permanently deactivate a Driver’s account without a complete investigation. But we also understand that sometimes there may be extenuating circumstances of which Trunkdrop may not be aware. Therefore, in many instances we allow a Driver to appeal Trunkdrop’s decision to permanently deactivate their account.
Certain deactivation decisions, especially those related to zero tolerance violations, are not eligible for appeal. For example, we will not accept appeals for deactivation related to criminal activity while on the App, including fraud, theft or reckless driving. Likewise, we will not accept appeals related to harassment, verbal slurs or profanity directed to any individual, or physical or sexual altercations.
Otherwise the majority of deactivation decisions will be eligible for appeal. Because it is impossible to anticipate the full range of reasons that could result in the deactivation of a Driver’s account, ultimate determination of eligibility will be made by Trunkdrop on a case-by-case basis. A Driver will be allowed only one appeal. All appeal decisions made by Trunkdrop are final and not subject to further appeal.
You can find the full details of Trunkdrop’s appeal process in the email you received notifying you of the deactivation of your account. If you believe your deactivation is eligible for an appeal, please submit your appeal by following the instructions in your deactivation email.
Should you have any questions about the appeals process please email us at appeals@Trunkdrop.com.
How do I file an Appeal?
If your account is permanently deactivated, your account information will be deleted and you will be removed from the Trunkdrop Platform. Permanent deactivation will cause you to lose your user name and persona as well as any privileges, badges or other earned items associated with your account. If your account was not deactivated for cause, you may open a new account on the Platform. It will be considered a material breach of these Terms if a User who has been deactivated for cause, opens a new account on the Platform and such new account will be deactivated without notice upon discovery. Trunkdrop is under no obligation to compensate any User for any losses as a result of a User’s deactivation.
ALL TRUNKDROP ACTIONS TAKEN WITH RESPECT TO THE TEMPORARY LOCK
AND/OR PERMANENT DEACTIVATION OF YOUR ACCOUNT MAY BE TAKEN IN TRUNKDROP’S SOLE DISCRETION,
WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU.
BILLING AND PAYMENT
Trunkdrop is not and will not be a party to the agreements between Users for a Driver to perform Delivery Services using our Platform, including the Sender’s agreement to pay the Driver. Therefore, all Users of our Platform are required to provide to Trunkdrop their credit card or bank account details and such other information needed to vet the User and the Payment Service Provider retained by Trunkdrop (the “PSP”). By accepting these Terms, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Trunkdrop is not a party to the PSP Agreement and has no obligations or liability to any User under the PSP Agreement.
Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect- account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms“). By using the Trunkdrop Platform to pay for Gigs or receive payment proceeds, all Users agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Trunkdrop enabling payment processing services through Stripe, all Users authorize Trunkdrop to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your provision of Services as contemplated by these Terms and your relationship with Trunkdrop. All Users further agree to provide accurate and complete information about you and your business, and authorize Trunkdrop to share it and transaction information with Stripe for the purposes of facilitating of the payment processing services provided by Stripe. Trunkdrop reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
Drivers may elect to elect to receive payments through Trunkdrop’s Express Pay feature (which Trunkdrop may offer to you in its sole discretion). If a Driver elects to use Express Pay you acknowledge that you will be charged a fee for this Express Pay service as disclosed by Trunkdrop prior to confirmation. You understand that (i) your financial institution may not support Express Pay, (ii) neither Trunkdrop nor Stripe make any guarantee concerning how quickly Express Pay payments will settle with your account, and (iii) not all payments through the Trunkdrop Platform are eligible for Express Pay. If a Driver elects to use any direct debit features made available by Trunkdrop or its third party partners you acknowledge that you may be subject to supplemental agreements related to those services.
Senders will be responsible for paying the invoice for each Gig contracted for (the “Invoice”), which will include (i) the pricing terms of the Gig provided to a Driver, (ii) reimbursement of tolls and parking fees incurred by Driver in connection with the Gig if such Sender has agreed to reimburse for the same; and provided Driver submits the same in accordance with the below section “Reimbursement for Parking Fees and Tolls, (iii) any cancellation, no-show fee or wait fees, as may be applicable to the Gig, and (iv) any other fee Trunkdrop may assess for use of its Platform (combined, the “Gig Payment”). Unless otherwise agreed by Trunkdrop, any fees that Trunkdrop may charge a User for their use of the Trunkdrop Platform (including to receive or perform any Delivery 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 Platform or the Delivery Services either planned, accidental or intentional, or any reason whatsoever. Trunkdrop reserves the right to determine final prevailing pricing and any pricing information published on the Trunkdrop Website may not reflect the current pricing.
Users of our Platform will be liable for any taxes (including VAT, if applicable) required to be paid because of the User’s use of or access to the Trunkdrop Platform, or receiving or performing any Delivery Services or on any Gig Payment received (other than taxes on the Trunkdrop’s income).
Payment, Withholding and Release
If chosen, a Driver is solely responsible for completing delivery of the Gig as agreed upon BEFORE being paid. Within 24 hours after a Sender receives confirmation through the Platform that their Driver has completed the Gig, the Sender will authorize Trunkdrop to provide the Sender’s payment details to the PSP for processing of Gig Payment. Trunkdrop, in its sole discretion, may place a hold on a Driver’s Gig Payment if the delivery of the Gig is not provided expressly in accordance with the Sender’s directions set forth in the request for Delivery Services, and these Terms, and/or Trunkdrop determines it otherwise necessary or advisable to place a hold on such Gig Payment, including without limitation if Trunkdrop has any suspicion or reason to believe that a Driver or Sender has breached these Terms, including, without limitation by (1) a claim has been made under the Trunkdrop Protection Plan for loss, damage or theft to a Gig carried by Driver, (2) sending or accepting items on the Prohibited Item list; (3) establishing an account with Trunkdrop or entering into a Gig with the purpose of defrauding Trunkdrop or any other party; (4) using a stolen credit card or any other false information to establish an account with Trunkdrop or pay for a Gig; or (5) otherwise engaging in any questionable or fraudulent activity in connection with the performance of the Gig or access and/or use of the Trunkdrop Platform.
Trunkdrop will release the Gig Payment to a Driver upon establishing the validity of the accounts and Gigs under suspicion, in Trunkdrop’s sole but reasonable discretion.
TRUNKDROP WILL NOT RELEASE SENDER’S PAYMENT TO THE DRIVER UNTIL THE PERFORMANCE OF THE GIG IS COMPLETED BY THE DRIVER AS AGREED UPON HEREIN.
Reimbursement for Parking Fees and Tolls
Some Senders reimburse a Driver’s for the cost of parking fees and tolls incurred while performing the Gig, but not all. If a Sender has agreed to reimburse Drivers for parking fees and tolls, the Gig as posted in the Platform includes an indication that parking and tolls will be reimbursed and provides the Driver a place to enter their receipts after completing the delivery. A Driver will be reimbursed for parking fees and tolls incurred and paid for by Driver while performing a Gig ONLY if the Driver presents their receipts therefor (or other adequate evidence of incurring the same) within fifteen (15) days of incurring the expense.
Driver Teams and Driver Personnel
There is only one Invoice and Gig Payment per Gig. If Drivers are in a Driver Teams, or if the Driver uses Driver Personnel to provide Delivery Services on his/her/its behalf, the Driver account assigned the Gig will receive the entire Gig Payment and it is the responsibility of the Driver receiving payment to divide among Team members and/or pay its Personnel. Once the Gig Payment is released to the assigned Driver account, Trunkdrop will have no further liability or responsibility to any Driver, member of a Driver Team, or Driver Personnel for any payment connected to such Gig.
Notwithstanding the above, under no circumstances may a Driver be accompanied by (1) a minor; (2) any unnecessary/non-essential person, including any Driver Team member or Driver Personnel if not needed for the specific Delivery Services being provided; and (3) any other person (including Driver Personnel) while performing any Delivery Services containing prescription medicine or pharmaceuticals.
Drivers are not to have animals in their delivery vehicle, including Service Dogs unless such Service Dog is necessary to the Driver’s performance of Delivery Services. If a Driver must have a Service Dog present, all Gig items must be kept in a separate container that provides protection from pet hair and dander. In no event shall a Driver with a Service Dog offer to provide Delivery Services for Gigs containing food and food related items, clothing or unpackaged items. Drivers should note that Service Dogs may cause complaints from Senders and or Gig recipients and such complaints may lead to the deactivation of the Driver’s account.
YOU HEREBY GRANT TRUNKDROP PERMISSION AND THE FULL RIGHT AND AUTHORITY TO FULLY INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THESE TERMS (INCLUDING ALL DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED HEREIN) TO THE FULLEST EXTENT OF THE LAW, INCLUDING INVOLVING, COOPERATING OR DISCLOSING YOUR PERSONAL INFORMATION TO LAW ENFORCEMENT AUTHORITIES IN CONNECTION THEREWITH.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD GIG PAYMENTS, LIMIT, LOCK OR DEACTIVATE YOUR USER ACCOUNT, PROHIBIT ACCESS TO OUR PLATFORM, APPS, WEBSITES, 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 PLATFORM, APPS, WEBSITES 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 THESE TERMS AND OTHER PUBLISHED TRUNKDROP TERMS OR POLICIES.
Disclaimer of Warranties and Limits on Trunkdrop’s Liability to You
NEITHER TRUNKDROP NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM AND TRUNKDROP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR YOUR RECEIVING OR PROVIDING DELIVERY SERVICES. BY USING THE PLATFORM YOU THEREBY RELEASE TRUNKDROP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR PLATFORM OR YOUR RECEIVING OR PROVIDING DELIVERY SERVICES OR THE CONDUCT OR MISCONDUCT OF A USER.
No Warranties, Express or Implied: The Delivery Services, Platform 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 Trunkdrop to the maximum extent permitted by applicable law. Trunkdrop makes no warranties or representations about the accuracy or completeness of any content provided through the Platform or App or the content of any websites linked to the Platform or App.
Trunkdrop does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or App or any hyperlinked website or featured in any banner or other advertising and Trunkdrop 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.
Without limiting the foregoing, neither Trunkdrop nor its affiliates or licensors warrant or guarantee:
that access to the Delivery Services, Platform or App will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
as to the results that may be obtained from the use of the Delivery Services, Platform or App;
that the Delivery Services, Platform or App, or the quality of any products, services, information or other material purchased or obtained by you through the Platform or the App, will meet your requirements or expectations;
as to the timeliness, accuracy, or reliability, of any User;
as to the timeliness, accuracy, or reliability of our Delivery Services, Platform or App, or any information or materials provided through or in connection with the use of the Delivery Services, Platform or App;
as to the completeness or content of any Gig;
that the Platform and App are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Delivery Services;
Platform or App will be corrected; or
that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Limitations of Liability: YOU ACKNOWLEDGE AND AGREE THAT TRUNKDROP IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
TRUNKDROP EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PLATFORM. USE OF OUR PLATFORM, AND RECEIVING OR PERFORMING DELIVERY SERVICES THEREUNDER ARE ENTIRELY AT A USER’S OWN RISK.
TRUNKDROP CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PERFORM OR COMPLETE A GIG AND YOU EXPRESSLY WAIVE AND RELEASE TRUNKDROP FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A USER’S PERFORMANCE OF A GIG. YOU ACKNOWLEDGE THAT USERS PROVIDING DELIVERY SERVICES REQUESTED USING THE TRUNKDROP PLATFORM OR APP MIGHT NOT BE PROFESSIONALLY LICENSED OR PERMITTED AND MAY NOT HAVE THE PROPER INSURANCE. TRUNKDROP WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN ANY OF OUR USERS. YOU EXPRESSLY WAIVE AND RELEASE TRUNKDROP FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR ACCESS OR USE OF THE TRUNKDROP PLATFORM, APP OR YOUR RECEIVING OR PERFORMING DELIVERY SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE PLATFORM, APP OR DURING A GIG, OR OTHERWISE.
YOU AGREE NOT TO HOLD TRUNKDROP, 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 ACCESS OR USE THE PLATFORM, APP OR DELIVERY SERVICES, 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 TRUNKDROP OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION AND WHETHER OR SUCH CONDUCT, ACT OR OMISSION OCCURS DURING YOUR USE OR ACCESS OF THE PLATFORM OR APP OR DURING THE PERFORMANCE OF A GIG.
UNDER NO CIRCUMSTANCES WILL TRUNKDROP, 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 ACCESS OR USE THE PLATFORM, APP OR DELIVERY SERVICES, 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 PLATFORM 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 TRUNKDROP 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 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.”
Ownership: Trunkdrop owns all intellectual property rights in and to the Platform 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 Platform or App gives you no rights therein.
Access and Use of the Trunkdrop Platform and App: Trunkdrop owns and retains sole ownership in the Trunkdrop Platform and App, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the Terms, Trunkdrop hereby grants to you the limited right to access and use the Platform via the App on any authorized 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 grant does not allow you to use the Platform or App on any Device that you do not own or control. The terms of this grant will govern any upgrades provided by Trunkdrop that replace and/or supplement the Trunkdrop Platform or App, unless such upgrade is accompanied by a separate grant in which case the terms of that license will govern.
Trunkdrop reserves the right to stop offering and/or supporting our Platform, App or our Users’ ability to receive or perform Delivery Services or any particular portion or part of our Platform, App or access to Delivery Services at any time, at which point your right to access and use the Platform or App and your access to the Delivery Services therefrom, or any part thereof, will be automatically deactivated. In such event, Trunkdrop shall not be required to provide refunds or other compensation to Users in connection with such discontinued Platform, App or access to Delivery Services.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or the App in any way; (ii) modify or make derivative works based upon the Platform or the App; (iii) create Internet “links” to the Platform, alternate access to Delivery Services, or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Platform or App to copy any ideas, features, functions or graphics of the Platform or App whether to build competitive products or services using similar ideas, features, functions or graphics of the Platform 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 Platform 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 Platform or App or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Platform or App; or (vii) use our Platform 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 Trunkdrop in Content: Subject to your compliance with the Terms, including without limitation Driver and Sender Agreements, Trunkdrop grants you a limited, non-exclusive, non-transferable/sublicensable, non-assignable license: (i) to view, download and print any Content that Trunkdrop makes available through the Platform or App, including any Content licensed from a third party (“Trunkdrop Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Platform or App, including any questions, comments, suggestions, ideas, or feedback (“User Content” and with Trunkdrop 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.
Trunkdrop 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 Platform, App or Collective Content, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Trunkdrop or its licensors, and are only valid if expressly granted in the Terms.
You agree that Trunkdrop has no responsibility to, and may not, monitor your access to or use of Collective Content or review or edit any Collective Content. Trunkdrop reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Trunkdrop, at its sole discretion, considers to be in violation of these Terms or otherwise harmful.
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 Platform or App, you hereby grant to Trunkdrop 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. Trunkdrop shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Trunkdrop claims no ownership rights in any User Content and nothing in the Terms 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 Platform 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 Trunkdrop full rights in such User Content, as contemplated under the Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Trunkdrop’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.
Copyright Policy: Trunkdrop respects copyright law and the intellectual property of others and expects its Users to do the same. Trunkdrop will deactivate a User’s account that infringes or is reasonably believed to be infringing the rights of copyright holders. If you believe, in good faith, that any materials on our App or Website infringe upon your copyrights, please send the following information to Trunkdrop’s Copyright Agent at info@Trunkdrop.com:
A description of the copyrighted work that you claim has been infringed, including sufficient information to locate the specific place on our App or Website where the material is located. Please include sufficient information to locate the material and explain why you think an infringement has taken place;
A complete description of the location where the original or an authorized copy of the copyrighted work exists; an Internet address where the work is posted or the name of the book in which it was published;
Your address, telephone number, and e-mail address;
A signed statement by you that, in good faith, you believe that the disputed use is not authorized by the copyright owner, its agent, or law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Other Third Party Interactions
Via the Trunkdrop Platform, including on our Website, 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 Website or App. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Trunkdrop 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. Trunkdrop does not endorse any sites on the Internet that are linked through the Website or App, and in no event shall Trunkdrop or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Trunkdrop provides the Website and App to you pursuant to these Terms and 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. Trunkdrop has no responsibility or liability arising from any agreements between you and such third party providers.
Trunkdrop may rely on third party advertising and marketing supplied through the Website or App and other mechanisms to subsidize the Website or App. 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. Trunkdrop reserves the right to charge you a higher fee for access to the Platform should you choose not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on Trunkdrop’s Website located at https://www.Trunkdrop.com.
All of our Users are automatically opted-in to receive SMS messaging when signing up for our Platform and must agree to receive SMS messages in order to use our Platform and receive or provide Delivery Services via the Platform and data rates may apply. If you change your mobile phone service provider all SMS messaging services from Trunkdrop may be deactivated. Trunkdrop reserves the right to cancel SMS messaging services at any time.
Trunkdrop may give Users general notice regarding the Platform, these Terms, Drivers or Senders Agreements, or otherwise via electronic mail to your email address on record in Trunkdrop’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Trunkdrop’s account information. Any legal or formal notices, requests or other communications required or permitted to be given hereunder shall be in writing and shall be delivered by hand, by overnight courier, mailed by United States registered or certified mail, return receipt requested, postage prepaid, and addressed to the appropriate party at its address set forth below.
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 Trunkdrop (such notice shall be deemed given when received by Trunkdrop) at any time by email at operations@Trunkdrop.com with a copy to legal@Trunkdrop.com and/or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Trunkdrop, Inc. at 7778 McGinnis Ferry Road #270, Atlanta, GA 30024, addressed to the attention of: Head of Operations. Trunkdrop will give notice to Driver at the address provided by Driver when forming their account on the Trunkdrop Platform.
You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these Terms, including in any Driver or Sender Agreement, as applicable, to any party without the prior written approval of Trunkdrop 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 none of the Platform, App, any technical data related thereto or 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 Platform, 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.
RELATIONSHIP BETWEEN TRUNKDROP, DRIVERS AND SENDERS
No joint venture, partnership, employment, or agency relationship exists between you, any other User, Trunkdrop or any third party provider as a result of a User entering into a Driver or Sender Agreement, their use of the Platform or their providing or receiving Delivery Services via the Platform. If any provision of these Terms or any Drivers or Senders 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 Terms, and the remaining provisions shall be enforced to the fullest extent under law. The failure of Trunkdrop to enforce any right or provision in these Terms, 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 Trunkdrop in writing. Unless Trunkdrop has entered into a separate written agreement with a User addressing their access or use of our Platform or App or the Delivery Services, these Terms, and all agreements and documents referenced herein, including without limitation the Drivers and Senders Agreements, comprise the entire agreement between our Users and Trunkdrop superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and Trunkdrop regarding a User’s use of and access to the Trunkdrop Platform, Website, App and Delivery Services.
If you have entered into another Agreement with Trunkdrop and/or any Trunkdrop affiliate you acknowledge that document also is part of our agreement regarding your use of the Trunkdrop Platform.
If you have entered into a Dispute Resolution and/or Arbitration Agreement with Trunkdrop, and/or any Trunkdrop affiliate, you acknowledge that those documents are also a part of our agreement regarding your use of the Trunkdrop Platform.