Terms for Delivery Agents

These Terms of Use (the "Terms") set forth the terms for the on-demand delivery service (the "Service") provided by the flea market and on-demand delivery service application “Kaguru” which Enably Co., Ltd (“Company” or “We”) manages.

The Service matches a delivery request with a user as a delivery agent to perform a delivery of goods which have been bought and sold on the marketplace between sellers and buyers provided by the Company. All guarantees of deliveries are the sole responsibility of the users involved in those transactions.
We do not provide on-demand delivery services through the Service by ourselves, nor do we accept any consignment of on-demand delivery services. Unless otherwise specified in these Terms, we will not be involved in cancellation of confirmation of delivery, refunds, guarantees, etc, of the on-demand delivery services.

In these Terms, the following terms shall have the following meanings

1. “User": An individual, sole proprietor, or legal entity that agrees to these Terms and uses the Service, or an individual who belongs to a legal entity.
2. “Account Information": A user information entered by the User to use the Service.
3. “Seller": A user who lists products on the Service.
4. “Buyer": A user who purchases products through the Service.
5. “Product Price": The purchase price of a product purchased through the Service under a sales contract between a Seller and a Buyer.
6. “Delivery fees": The delivery fees incurred when a product is delivered through the Service. Delivery fees are calculated based on a forecast of the delivery route based on the expected traffic volume, and the basic charge, distance traveled, and time required to travel based on this forecasted route.
7. “Commission": A fee charged for the delivery of a product through the Service.
8. “Personal Information": Personal identifiable information that the user enters such as name, phone number, account information (email address, password, etc.), profile information (driver's license information, vehicle type, license plate number, and other personal information), bank account information, usage history, and etc.

1. Agreement to and application of these terms

By using the Service, the User is deemed to have agreed to these Terms.

2. Consent to changes in these Terms

We reserve the right to modify these Terms at any time as necessary. In such cases, we will post such changes on our website or in our applications. If the User uses the Service after any modification of these Terms, the User shall be deemed to have agreed to the modification of these Terms. We will not be liable for any damages incurred to the user as a result of modification or changes to these Terms, except in cases where such damages are caused by our intentional or negligent acts.

1. User registration

User registration must be completed by the user himself/herself (For a legal entity, by the person who is in charge of the corporate account or for individuals who belong to a legal entity, by the person who is in charge of this corporate account or the individual him/herself), and the user must enter accurate information and confirm that there is no false information and vehicle inspections, driver licenses, and other documents necessary to conduct business are always valid. We will make every effort to ensure that individuals, sole proprietors, and individuals who belong to legal entities who have completed user registration comply with the definition of individuals who can register and deliver as delivery agents as defined by the laws at each country the Service is being used.

2. Multiple user registration

It is prohibited for the same user to have multiple user registered accounts. If we determine that multiple user registrations belong to the account by the same person or the same corporation (however, for corporations with multiple offices and sales offices, user registration for each office and sales office by the person in charge of the corporate account is allowed), we may cancel user registration, deny access to all or part of the Service, or suspend use of the Service without notice. We shall not be obliged to explain the reason for such action.

3. Approval of Registration

We may not approve an application for user registration if the user does not meet the requirements for the user registration described in this Terms or if we determine, based on reasonable grounds, that the application is inappropriate.

1. Representations

The User acknowledges that he/she does not fall under the category of antisocial forces and will not fall under such category in the future, and that he/she will not engage in any violent or unreasonable demands, threatening words or actions with respect to transactions, or disruptive behavior using force, and that he/she will not damage our credibility or interfere with our business through such actions, or engage in any other similar actions.

2. Management of registered information

The user acknowledges that he/she will promptly make any changes to the account information, and that he/she will manage and update the registration to ensure that it always reflects accurate information. The user agrees that he/she is solely responsible for any damages resulting from his/her failure to make such changes to the account information, and that we shall not be liable for any such damages.

3. Management of account information

The User acknowledges that he/she will manage his/her own information such as email address, password, bank account information, etc. (the "Account Information") which he/she has entered (In the event where the person in charge for the corporate account registers individuals who belong to his/her corporation, the person in charge of the corporate account is obliged to manage). The User shall be responsible for any damage caused by leakage of information, its use by a third party, or unauthorized access due to inadequate management of Account Information, and we shall not be liable for any such damage unless it is caused by our own intentional or negligent conduct. In addition, the User shall compensate us for any damages incurred to us as a result of unauthorized use of account information.

4. Dispute Resolution and Liability

Any disputes arising between users, between users, sellers and buyers, or between users and third parties in relation to the Service shall be resolved by the parties involved, at their own responsibility and expense, and we shall not be involved in any way. In the event that the dispute is caused by the user's intention or negligence and we suffer damages, the party involved in the dispute shall compensate us for the damages.

If we determine, based on reasonable grounds, that a user is not in compliance with these Terms, we may, without prior notice, cancel the user registration, delete the registered account, deny access to all or part of this service, suspend the use of the Service, or take other reasonable measures, and we shall not be obliged to explain the reasons for such actions. In addition, in order to determine whether a user is in compliance with these Terms, we may verify the identity of the user and facts and may take measures such as denial of access to all or part of the Service, suspension of the use of the Service, etc. until the verification is completed. In addition, if we determine, based on reasonable grounds, that a newly registered user is the same user who has been subjected to the measures described in this article, we may prohibit the user from using the Service. We shall not be liable for any damage caused by the measures in this article, except in cases where the damage is caused by our intention or negligence.

In addition to the Terms, we shall handle personal information in accordance with the Privacy Policy. By using the Service, the User agrees to our Privacy Policy. We prohibit the use of personal information, etc. obtained by the User through the Service outside the scope of the use of the Service.

1. Delivery Procedures

Users shall make deliveries in accordance with the procedures set forth by the Company.

2. Precautions regarding the use of the Service

In order to optimize the matching of delivery requests and users, users shall always turn on the location information of the Service while using the Service (which is the duration of the time when the users keep the Service online in order to receive delivery requests). There are no restrictions regarding the time of day the User uses the Service.
In addition, the User shall accept any and all delivery requests which they receive regardless of the delivery distance, the number of products, the size of the products, etc., unless there is a legitimate reason not to. Such legitimate reasons may include (but not limited to) the followings;

1. In the event where the users discover in advance that the size of the product does not fit into the available space inside the vehicle
2. In the event where the users discover in advance that the delivery time required to travel the distance to deliver products is clearly beyond the scope of possible delivery area and that accepting a delivery request interferes with subsequent operations.

3. Precautions on delivery

The User who accepted a delivery request shall make his/her utmost efforts to confirm the time of pickup and delivery, etc, by contacting the Seller and the Buyer via telephone, chat, etc. available within the Service in order to ensure prompt and reliable delivery of the product and to complete the delivery request within the time limit set forth by the Company (as defined in this Article). The User who fails to do so and thus fails to complete delivery on time shall be responsible for any liability attributed to the incompletion of delivery.
The User shall complete the delivery of the delivery request which he/she accepts within 48 hours unless there is a justifiable reason not to. Justifiable reasons may include (but are not limited to) the followings;

1. If it is the delivery request where the user already notified the seller and buyer of the fact that the delivery would be made past the 48 hour mark due to business reasons or delivery distance required to travel, and the user has an approval from the seller and/or the buyer.
2. If the user needs to pick up a product at a later date than the 48 hour mark because the seller is not available at the time of the user's scheduled pickup or the seller is not available within 48 hours for a pickup schedule, and the buyer has already agreed with the delayed delivery because of such reasons.
3. If the buyer is not available at the time of the user's scheduled delivery and unattended delivery is not available as an option in such a case, and the user and the buyer have agreed on a specific time of delivery post the 48 hour mark in advance.

The User shall not cancel a delivery request once accepted without a legitimate reason. Any cancellation request at the user's own convenience shall not be accepted. If there is a legitimate reason, the user must report to the Company that the User has agreed with the seller and the buyer regarding the cancellation and the reason for the cancellation, and if the Company approved the cancellation, the cancellation will be treated as a cancellation.

4. In case making a delivery becomes impossible

In the event where the User is unable to complete a delivery request within the time limit set forth by the Company (except in cases where the user have already agreed with the Seller and the Buyer on a delivery schedule past the time limit.) due to any of the following (but not all) problems caused by the Seller or the Buyer, or the user determines making a delivery is deemed difficult, the user shall report to the Company, and if the Company determine the same even if the user continues to try his/her effort to complete a delivery based on reasonable grounds, the Company shall cancel the User Contract or cancel the delivery request, and take any measures that the Company deems appropriate.

1. If it becomes impossible for the user to pick up the product because the seller refuses to the pickup of the product, makes an unreasonable delay in arranging a pick-up date and time, or the seller is not available at the time of the pickup, the seller’s pickup location is unknown, and the user cannot connect with the seller within the Service.
2. If it becomes impossible for the user to deliver because the buyer’s delivery location is unknown, the buyer refuses to receive the product, makes an unreasonable delay in receiving the product, or the buyer is not available at the time of the delivery or the user cannot connect with the buyer within the Service.

If the delivery cannot be completed due to a problem caused by the Seller or Buyer as described above, the Seller or Buyer who caused the problem is solely responsible for the problem.

5. Disclaimer of the Company’s Liability

We shall not be liable for any damages to the Seller, the Buyer, or any third party due to reasons attributable to the User (delay, cancellation, damage, etc.) on a delivery request accepted by the User, unless such damage is caused by our intentional or negligent act.

1. Confirmation of delivery

Delivery of the relevant product shall be deemed to be confirmed when the user, after acceptance of the delivery request, picks up the product at the Seller's location and completes delivery to the buyer's location in accordance with the procedures set forth by the Company.

2. Delivery fees and Payment

When the delivery is confirmed, the payment will be made to the user for the delivery fee subtracted by commission.

3. Troubles with Products arising from delivery

In the event where there is a problem with a product which has been caused by the delivery, the user shall resolve the problem between the three parties, including the seller and the buyer. However, at our discretion, we may also enter into discussions.

4. Cancellation, cancellation of the confirmed delivery and Refund

When using the Service, the user shall not cancel the delivery request once he/she accepts it.
Even if both seller and buyer agree to return products which the user already completed the delivery for reasons attributable to either the seller or the buyer, the user shall not be obligated to deliver the returned product at all.
However, if the reason is due to a problem caused by the user, such as he/she caused the damage to the product during delivery, the user shall bear all responsibility. In such cases, the user shall be responsible for compensation, take-back, disposal, repair, replacement, etc., at the User's responsibility and expense.
If a transaction is canceled due to a problem caused by the user, we shall deduct the money pertaining to the refund from the balance in the account within the Service or charge the money pertaining to the refund to the user in a manner set forth by us, and shall return the applicable amount to the seller or the buyer in a manner set forth by us.

5. Disclaimer of the Company’s liability

We shall not be liable for any damages incurred by the user to users, and sellers and buyers, or third parties as a result of the on-demand delivery service, unless such damages are caused by our intentional or negligent act.

1. Evaluation by Buyer

The buyer shall review the user within the Service only for the on-demand delivery service after the product has been delivered. The buyer shall evaluate the user even if it is found that there were problems attributed to the user regarding the condition of the products (upon checking the description of the products and the actual products),

1. Commission fees

As per the Paragraph 1 of Article 9, the User shall pay the commission fee for the Service as determined by the Company upon confirmation of the delivery. The commission fee for each delivery will be available on the detail page of the product within the Service. The user agrees in advance to the collection of the commission fee by the method of deducting it from the delivery fees.

2. Withdrawal of Sales

Upon confirmation of the delivery, the Company shall deposit into the User's account the delivery fee in accordance with Paragraph 1 of this Article. The user may request a withdrawal of the balance of the delivery fees available in the account at the user’s convenience to a bank account or other payout method available in the country where the user signed up for the service. Upon receiving such a withdrawal request from the user, the Company will process the withdrawal to the designated bank account or the designated payout method available in the country in accordance with procedure which the Company set forth. In the event where the User requests a withdrawal of a balance that meets the minimum withdrawal amount set forth by the Company ("Minimum Threshold") (4,000 yen in Japan and 25 USD in the United States and other countries), the Company shall be responsible for all remittance and deposit fees incurred at the time of withdrawal, as well as the monthly account maintenance fee incurred for the month when the User requests a withdrawal.
However, if the User requests a withdrawal of a balance which is less than the minimum threshold specified in this article, the User agrees that the Company will deduct all remittance, deposit, and account maintenance fees from the requested withdrawal balance, and then deposit the rest of the balance to the designated bank account or the designated payout method available in the country in accordance with the procedure which the Company set forth. However, even in the event where the User requests a withdrawal of a balance which is less than the minimum threshold specified in this article, if the USer requests a withdrawal of a balance greater than the minimum threshold within the same month at least once, the Company will refund the account maintenance fee deducted from the requested withdrawal balance. However, the User agrees that the Company shall deduct the remittance and deposit fees from the requested withdrawal balance for each withdrawal request which is less than the minimum threshold. However, the user agrees that, if the user has not initiated a withdrawal of the amount deposited into the account for a set period of time determined by each country’s requirement (For Japan, 60 days from the date of the receipt of the amount. For the U.S., 2 years from the date of the receipt of the amount. For Thailand, 10 days from the date of the receipt of the amount. For all other countries, 90 days from the date of the receipt of the amount ), the Company shall automatically process a withdrawal of such an amount or the aggregated balance available in the account at the time of such a withdrawal to the bank account or the specific payout method registered in the user's account. The User agrees that if the requested withdrawal balance is less than 500 yen in Japan or 3 USD in the United States or other countries, the User shall not request a withdrawal, and that the Company will hold the balance for the holding period specified in this article until processing the withdrawal to the designated bank account or the designated payout method available in the country in accordance with the procedure which the Company set forth.

We reserve the right, at our sole discretion, to change or modify the contents of the Service, or suspend or discontinue all or part of the Service without prior notice to the users. However, in the event of termination of all or part of the Service, we will make our best efforts to notify and publicize such termination to the users as far in advance as possible.

Unless otherwise stated, the Service is the exclusive property of the Company, and the Company owns and manages the rights to all materials on the Service. The users shall not acquire any rights to any material on the Service, and shall not engage in any act that infringes on any rights without the permission of the rights holder.

1. User's Liability

In the event where a user, customer, or third party suffers damages due to inaccurate or inappropriate content, comments, expressions, or actions by the user on the service, or if a user, customer, or third party suffers damages due to the user's violation of these Terms, unless such damages are caused by our intentional or negligent conduct, users in question shall be liable for, including but not limited to, any and all damages to the user, customer, and third parties. In the event where we suffer damages as a result of such acts of users, the parties involved, including the users in question, shall jointly assume all responsibility, including liability for compensation for such damages.

2. Liability of the Company

The Company shall not be liable to compensate for damages to users in relation to deletion or loss of contents of the service, modification, suspension, or termination of the service, or loss of data due to the use of the service, except in cases arising from intentional or negligent acts of the company.
Even in the event where the Company is liable to the user for damages, the liability of the Company shall be limited to actual, direct, and ordinary damages to the user as a result of our default or tortious act.

3. Non-warranty

We do not warrant that our secure servers and all personal information stored on such servers will not be accessed or used in an unauthorized manner, or that the Service is free of bugs, computer viruses, Trojan horses, or other harmful viruses that may be transmitted by a third party. We shall not be liable to the user or any third party for any damage caused by the inclusion of such harmful viruses in the Service, unless such damage is caused by our intention or negligence.

1. Transfer of Business

We may, at any time, transfer part or all of the business pertaining to the service to a third party, in which case, we may transfer the rights and obligations as well as registered information and other user registration information, to the transferee of the business in question based on the Terms. The user shall consent to such transfer in advance.

2. Dispute Resolution

The Terms shall be governed by and construed in accordance with the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any disputes between the User and the Company.

If there are any questions or complaints about the Terms, please contact us at legal@thekaguru.com

Updated on January 21, 2023
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Updated on August 18, 2022