Delivery Terms & Limitation of Liability

1. Scope

These Delivery Terms apply to every order fulfilled by delivery through ShopFromHome, and to every person who delivers orders using the SFH Driver app. They supplement, and are part of, the Marketplace Terms of Service. If they conflict on a delivery matter, these Delivery Terms control.

2. Drivers are independent operators

Drivers are independent delivery operators who choose when to go online, which delivery opportunities to accept or decline, and the route and means of transport they use. Drivers are not employees, agents, joint venturers or partners of SFH, and SFH does not direct or control the manner in which a Driver performs a delivery. [COUNSEL: adapt this section to your operating model and the classification law of each launch state. During any initial phase in which SFH uses an internal or employed fleet, this section must be revised accordingly.]

Drivers are solely responsible for: holding a valid driver’s license (where a motor vehicle is used); maintaining their vehicle or bicycle in safe working order; carrying insurance that meets legal requirements; obeying traffic and parking laws; their own taxes; and their own conduct and safety.

SFH is a technology platform that connects Sellers, Buyers and Drivers. SFH is not a transportation, courier, logistics or delivery carrier and does not itself provide delivery services.

3. Delivery estimates and delays

Ready and arrival times shown in the apps are good-faith estimates based on information available at the time. They are not guarantees. Orders may be delayed or may fail because of Seller preparation time, Driver availability, traffic, road conditions, weather, vehicle problems, incorrect addresses, building access, or events beyond anyone’s control.

To the fullest extent permitted by law, SFH is not liable for any loss, cost or damage resulting from a late, early, missed or failed delivery, including spoiled food, missed events or occasions, or the cost of alternative arrangements.

4. Perishable items, food temperature and packaging

Sellers are solely responsible for preparing, cooling or heating, sealing and packaging every order so that it remains safe, at an appropriate temperature and protected from damage for a reasonable delivery time, and for clearly marking items that need refrigeration or special handling.

Drivers transport sealed packages as handed to them and do not open, inspect, re-pack, refrigerate or heat orders. Neither SFH nor the Driver warrants the temperature, freshness, quality or condition of the contents of any package, and to the fullest extent permitted by law neither is liable for changes in temperature, texture, appearance or quality of perishable items that occur during a reasonable delivery period.

Buyers should refrigerate or consume perishable items promptly after delivery. Do not consume food that you believe may be unsafe.

5. Handoff, proof of delivery and risk of loss

An order is delivered when the Driver hands it to the Buyer or the Buyer’s representative, or leaves it at the drop-off address in accordance with the Buyer’s delivery instructions. Drivers may take a proof-of-delivery photo, which, together with the delivery record in the app, is evidence that the order was delivered.

Risk of loss, theft and damage passes to the Buyer at delivery. SFH and Drivers are not responsible for orders after they have been delivered, including orders left unattended at the Buyer’s request, or orders taken, damaged or spoiled after drop-off.

Buyers are responsible for providing an accurate address, safe access, and being reachable by phone. If a Driver cannot complete a delivery after reasonable attempts, the order may be returned to the Seller or treated as delivered, and may not be refundable.

6. Transit damage and missing items

If an order arrives damaged, incomplete or incorrect, report it through Help & support within 24 hours of delivery, with photos of the package and items. Claims made later, or without reasonable evidence, may not be accepted.

SFH will review the claim with the Seller and Driver and may, in its sole discretion, offer a refund, partial refund, credit or redelivery. Any such remedy is a goodwill gesture and is not an admission of liability. Responsibility for an incorrect or incomplete order rests with the Seller; responsibility for genuine transit damage caused by a Driver’s negligence is limited as set out in Section 8.

7. Items that may not be delivered

Drivers may refuse any package that appears unsafe, leaking, improperly sealed, illegal, or that violates the marketplace guidelines. SFH does not support delivery of alcohol, tobacco, cannabis, weapons, hazardous materials, live animals, cash or valuables.

8. Limitation of liability for deliveries

TO THE FULLEST EXTENT PERMITTED BY LAW, SFH’S TOTAL LIABILITY ARISING FROM ANY DELIVERY — INCLUDING DELAY, TEMPERATURE OR CONDITION OF PERISHABLE ITEMS, LOSS OR TRANSIT DAMAGE — IS LIMITED TO A REFUND OF THE DELIVERY FEE AND, WHERE SFH DETERMINES THE ITEMS WERE LOST OR DAMAGED BEFORE DELIVERY, THE PRICE PAID FOR THE AFFECTED ITEMS, UP TO THE TOTAL AMOUNT PAID FOR THAT ORDER.

SFH IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY ILLNESS, ALLERGIC REACTION OR INJURY CAUSED BY THE CONTENTS OF AN ORDER. Claims about the contents of an order are claims against the Seller.

Nothing in these Delivery Terms excludes liability that cannot be excluded under applicable law. The disclaimers, limitations, release, indemnity and arbitration provisions of the Marketplace Terms of Service also apply to deliveries.

9. Additional terms for Drivers

• Keep packages sealed, upright and protected from weather, and deliver them promptly once picked up.
• Confirm items at pickup, follow the Buyer’s drop-off instructions, and take a proof-of-delivery photo when asked by the app.
• Use the in-app navigation and call/text features responsibly; never use your phone while driving where that is unlawful.
• Do not open, consume, tamper with or keep any part of an order, and do not contact Buyers or Sellers for reasons unrelated to the delivery.
• Location is collected while you are online or on an active delivery (see the Privacy Policy) and is shared with the Buyer only while their order is on the way.
• Drivers indemnify SFH for claims arising from their vehicle operation, traffic violations, negligence or breach of these terms, to the extent permitted by law.

10. Contact

Questions about a delivery? Use Help & support in the app, or email hello@shopfromhome.app.