Merchant & Partner Terms of Use

1. Parties and Purpose

1-1. This agreement sets forth the full understanding between ON Delivery, a Michigan-based link aggregation and platform technology provider ("ON Delivery"), and the undersigned entity, whether a merchant, business user, business-to-business (B2B) partner, business-to-consumer (B2C) provider, emergency vendor, service supplier, or goods supplier (collectively, "Merchant").

1-2. ON Delivery functions strictly as a digital directory and communications facilitator and does not act as an agent, co-merchant, courier, or fulfillment intermediary. Merchants engage directly with delivery agents and end-users at their own risk and discretion.

2. Use terms for Merchant & Partners

2-1. PLATFORM SCOPE

ON Delivery is not a logistics company and does not handle, store, insure, or transport goods. We connect Merchants with independent delivery service providers. ON Delivery makes no warranties regarding delivery timing, quality, or completion and shall not be held liable for any service failures, miscommunications, losses, or damages occurring in transit or in execution.

2-2. ELIGIBILITY AND AUTHORITY

Merchants agree and affirm that:

* They are duly organized and in good legal standing.
* They have full legal capacity to enter this agreement.
* They are authorized to offer products, services, and delivery options in their jurisdiction.

2-3. CASH-ON-DELIVERY (COD) TERMS

If a Merchant enables COD services, the Merchant acknowledges and agrees:

* The Merchant assumes full responsibility for any and all cash transactions exchanged between customer and delivery agent.
* ON Delivery does not collect, escrow, or guarantee any COD funds.
* Merchants must verify delivery agent identity and competence before releasing high-value, heavy, or sensitive orders.
* Any disputes, fraud, theft, or misappropriation involving cash are strictly between the Merchant and delivery agent.

ON Delivery disclaims all liability arising from or related to COD errors, losses, miscounts, or agent conduct.

2-4. EXPENSIVE, BULKY, OR SENSITIVE ITEMS

Merchants agree to exercise heightened caution and responsibility when dispatching:

* Items over \$500 in value
* Deliveries over 50 pounds
* Temperature-sensitive, perishable, or hazardous goods

Merchants should verify agent suitability, insurance, and equipment independently. ON Delivery bears no responsibility for inadequate handling, theft, injury, or misdelivery of such goods.

2-5. EMERGENCY OR HIGH-PRIORITY DELIVERIES

ON Delivery does not guarantee the availability or timeliness of any delivery. Emergency services requested through the platform are non-binding invitations for agents to accept. The platform does not assure ETA compliance or suitability for urgent or life-dependent transport.

2-6. PAYMENT AND FEES

Merchants may be charged fees for access, premium placement, or integration support. All pricing shall be published or disclosed in writing and subject to change with notice. No commission or percentage of Merchant revenue is taken unless expressly agreed in writing.

2-7. DATA USE AND PRIVACY

ON Delivery does not claim ownership of Merchant content but reserves the right to use logos, names, menus, or public listings to facilitate platform functionality. All personal data will be processed in accordance with our Privacy Policy and applicable law.

2-8. LIABILITY AND INDEMNIFICATION

ON Delivery is not liable for any direct, indirect, incidental, or consequential damages incurred through use of the platform or via interactions initiated through it. Merchants agree to indemnify and hold harmless ON Delivery from any claims, losses, damages, or legal actions arising from:

* Goods sold or delivered
* Interactions with delivery agents
* Customer complaints or chargebacks
* COD losses or fraud

2-9. TERMINATION

ON Delivery reserves the right to suspend, terminate, or restrict Merchant access for any breach, misuse, or violation of platform rules or applicable law. Merchants may discontinue use at any time by written notice.

2-10. GOVERNING LAW AND VENUE

This agreement shall be governed by the laws of the State of Michigan. All disputes shall be resolved through binding arbitration in Wayne County, Michigan. Merchants waive any right to jury trial and class action participation.

2-11. CONTACT

ON Delivery HQ – Legal Affairs
Email: legal@ondelivery.us
Phone: (833) 433-3638
Principal Place of Business: Wayne County, Michigan

By continuing use or listing your business with ON Delivery, you affirm that you have read, understood, and voluntarily accept these terms in full.

Effective Date: March 25, 2025