These Terms and Conditions ( “Terms” or “T&C” ) govern your use of the OlaGate Technologies products “OlaGate.App”, “OlaGateTech.com”, “OlaGate Product Suite”, and affiliated content, which are copyrighted work licensed to OlaGate Technologies a Delaware LLC ( “OlaGate Tech” a.k.a “OlaGate”), to sign up as a client, shopper, service provider or delivery partner and/or provide such services through the OlaGate Platform (as defined herein). Your provision of any personal shopping and/or delivery services are subject to the Independent Contractor Agreement between you and OlaGate, including its subsidiaries or affiliates; or, if you are using the Shopper App in the course of your employment or contract, the provision of any personal shopping and/or delivery services are subject to your employment/contractual agreement or your employer’s agreement with OlaGate, including its subsidiaries or affiliates (each agreement may be referenced in these Terms as the “Agreement” and such terms regarding the Agreement are only applicable if you or your employer have entered into one).
1.1. The “OlaGate Product Suite” shall mean the software provided by OlaGate Technologies LLC, to be used on Desktop, Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the OlaGate Product Suite. The OlaGate Product Suite allows you to submit your information to sign up to provide services through the OlaGate Platform and to receive information to enable your performance of “Services” which shall mean doorstep services, personal shopping and/or delivery services through the OlaGate Platform pursuant to the Agreement.
1.2. The “OlaGate.App” or “OlaGate Product Suite” is technology products that provides a management, communications and logistics platform that enables, community management, connects parent to online tutors or tutoring companies for the kids education & short term courses, connects with local service professional & help purchase products in their area to be matched with individuals or third-party providers interested in providing those services and product.
1.3. “Device” shall mean a mobile device capable of running the OlaGate Product Suite.
1. PROPRIETARY RIGHTS AND LICENSES
2.1. All trademarks, copyright, database rights, patent, and other intellectual property rights of any nature in the OlaGate Product Suite together with the underlying software code, its affiliated content (which may be accessed outside of the OlaGate Product Suite), and any and all rights in, or derived from the OlaGate Product Suite or the OlaGate Platform are proprietary and owned either directly by OlaGate Technologies LLC, aka OlaGateTech, and is protected by applicable intellectual property and other laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the OlaGate Product Suite in compliance with these Terms and the Agreement. No portion of the OlaGate Product Suite may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the OlaGate Product Suite in any manner, and you shall not exploit the OlaGate Product Suite in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
2.2. OlaGateTech hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide, and perpetual revocable license to use the OlaGate Product Suite for your lawful use in accordance with these Terms and the Agreement on your Device. OlaGateTech retains all rights, title, and interest in and to the OlaGate Product Suite, the OlaGate Platform, and its other intellectual property. This license starts on the date that you accept these Terms and install or otherwise use the OlaGate Product Suite. The license ends on the earlier date of your disposal of the OlaGate Product Suite or OlaGateTech termination of the license in accordance with these Terms or the Agreement.
2.3. The OlaGate Product Suite may request from you any feedback, including but not limited to product or retailer information, or images of receipts or products ( “Feedback” ). You agree that such Feedback shall be the exclusive property of OlaGate and that you will sign all documents necessary to confirm or perfect the exclusive ownership of OlaGate to the Feedback. You further agree not to enforce, and otherwise waive to the fullest extent legally possible any moral rights that you may have now or in the future in respect of the Feedback and, to the extent OlaGateTech is not recognized as the owner of Feedback, you agree to grant OlaGateTech a worldwide, perpetual, irrevocable, royalty-free, fee-free, fully transferable and sub-licensable license to use, or modify the Feedback in any way and for any purpose without payment to you.
3. CONDITIONS OF USE
3.1. When signing up to be a user of the OlaGate Platform, your information will be used to create an account. You may not sign up more than once in single role. You will take all reasonable steps to protect your log in details and keep them secret, including any access codes you may be sent to access your account. You are responsible for all activities performed using the OlaGate Product Suite whether the access is authorized by you or not.
3.2. You may use the OlaGate Product Suite in accordance with the following conditions:
- Pursuant to the Agreement, with the terms of service of the relevant digital storefront where you obtained the OlaGate Product Suite, including but not limited to the Apple iOS App Store and the Google Play Store, in accordance with any applicable third party terms of agreement using the OlaGate Product Suite, and per any applicable law, rule, and regulation.
- You may only use the OlaGate Product Suite in countries and territories where OlaGateTech services are available to customers.
- You must provide OlaGate information that is true, accurate, and complete at all times and you may not impersonate any other person in your use of the OlaGate Product Suite or the OlaGate Platform or post another person’s personal information, data, content, or materials through the OlaGate Product Suite or the OlaGate Platform without the person’s consent.
- You may not rent, lease, sell, transfer, redistribute, or sublicense the OlaGate Product Suite.
- You may not use or promote the use of any form of modifications, exploits, or other unauthorized means to interfere with, or gain undue advantage in your use of the OlaGate Platform.
- You may not attempt to disrupt or burden the normal operation of the OlaGate Platform, or any of OlaGateTech infrastructure or any of OlaGateTech other business activities.
- You may not make any automated uses of the OlaGate Product Suite or the OlaGate Platform or gain any other unauthorized access therewith.
- You may not attempt to decompile, reverse engineer, disassemble, hack, defeat, or overcome any of OlaGate software, encryption technologies, or security measures or data transmitted, processed or stored by OlaGate.
3.3. OlaGateTech’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
4. DISCLAIMER AND LIMITATION OF LIABILITY
4.1. THE SERVICE PROVIDER APP, GATEKEEPER APP, SHOPPER & DELIVERY APP AND OLAGATE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OLAGATETECH & IT’S LINCENSEE DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OLAGATETECH MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICE PROVIDER APP OR, SHOPPER & DELIVERY APP AND OLAGATE PLATFORM, OR THAT THE SERVICE PROVIDER APP, SHOPPER & DELIVERY APP AND OLAGATE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
4.2. OLAGATETECH SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE PROVIDER APP, SHOPPER & DELIVERY APP AND OLAGATE PLATFORM, PARTNERED TUTORS OR TUTORING COMPANY, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING, AND/OR DELIVERING INFORMATION REGARDING THE SERVICES. OLAGATE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF OLAGATETECH HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OLAGATETECH IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF YOUR INABILITY TO ACCESS, OR YOUR DIFFICULT IN ACCESSING, THE SERVICE PROVIDER APP OR THE SHOPPER & DELIVERY APP AND THE OLAGATE PLATFORM. OLAGATETECH IS NOT LIABLE FOR ANY CHARGES YOU MAY INCUR IN USING THE SERVICE PROVIDER APP, SHOPPER & DELIVERY APP AND OLAGATE PLATFORM. OLAGATETECH SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE SHOPPER APP OR BY ANY OTHER MEANS. OLAGATETECH AND OLAGATE SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE SERVICE PROVIDER APP, SHOPPER & DELIVERY APP AND OLAGATE PLATFORM IN ANY COUNTRY.
5. CHANGES AND UPDATES
5.1. OlaGateTech may make changes to these Terms from time to time. When OlaGateTech does so, OlaGateTech will post the most current version of the Terms and, if a revision to the Terms is material, OlaGateTech will notify you of the new Terms (for example, by email or a notification on the OlaGate Product Suite). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the OlaGate Product Suite & other affiliated App.
5.2. You understand that, OlaGateTech may, at its sole discretion, provide updates and changes to the OlaGate Product Suite and OlaGate Platform and that it is your responsibility to update the OlaGate Product Suite when updates are available. OlaGateTech is not liable for any loss that you may suffer as a result of your failure to update.
6. CONTACT INFORMATION
. If you have questions about signing up or performing your Services as a Service Provider, or Shopper or Delivery Partner, please review our Help Center located at https://OlaGateTech.com/help
or contact OlaGate support team at 1 (302) 313-6637.