Terms and Conditions

These Terms and Conditions These Terms and Conditions constitute a binding agreement between you and Melo Georgia LLC (hereinafter “the Company”, “Melo”, “MELO” or/and www.melo.delivery) and regulate your use of the website www.melo.delivery. Melo uses and processes information obtained from you or from third parties in accordance with its Privacy Policy. By agreeing to the Terms and Conditions of www.melo.delivery, you also agree to the Company's Privacy Policy. Please read the present Terms and Conditions carefully before using the website. Definitions 1.1. In these Terms and Conditions, the terms and definitions below have the meanings specified here, unless the context clearly indicates otherwise: 1.1.1. Account – means an account registered by the user on the website; 1.1.2. Authorization – means the user’s access to their personal account; 1.1.3. Terms of Use – means these Terms and Conditions; 1.1.4. Website – refers to www.melo.delivery, through which various services are provided; 1.1.5. User, Users – means the person who has a registered account on www.melo.delivery; 1.1.6. Company, we or us – means www.melo.delivery, legally registered under Georgian law as Melo Georgia LLC, Identification Code: 405644593, Registered Address: Georgia, Tbilisi, Saburtalo District, Vazha Pshavela Avenue, No. 41, Floor I; or any associated or subsidiary person/entity; 1.1.7. Parties – means the Company and its Users; 1.1.8. Operation – any action performed by the User in relation to their personal account and/or services; 1.1.9. Universal Identifiers – the set of data of Users of www.melo.delivery by which they are registered in the identification system and by which they are enabled to use www.melo.delivery, remote services and/or remote service channels; 1.1.10. Access Code(s) – codes, passwords, username, identification code, universal identifiers and/or other confidential information which may be provided by www.melo.delivery to the User to access the service; 1.1.11. Shipment / Parcel (“parcel”) – a type of consignment whose contents may be any item (goods), provided that sending/receiving it does not conflict with Georgian legislation or the present Terms and Conditions; 1.1.12. Commercant – any entrepreneurial entity registered under Georgian law in the Register of Entrepreneurs and Non Entrepreneurial (Non commercial) Legal Entities (including an individual entrepreneur), from whom the User may drop off a parcel; also may be any natural person willing to cooperate with Melo Georgia LLC; 1.1.13. Recipient – the person entitled to receive the parcel and/or a person designated by them who presents the parcel’s QR code to the Commercant or receives the parcel in their place; 1.1.14. Sender – the person responsible for sending the parcel and its contents; 1.1.15. Third Party – a person designated by the Recipient to receive the parcel; 1.1.16. Contract / Agreement – this document, the Terms and Conditions for using the website. 1.2. Words in the singular include the plural and vice versa where the context permits. Representations and Warranties 2.1. By agreeing to these Terms and Conditions, the User confirms that: 2.1.1. They are a legal or natural person established under Georgian law, at least 18 years old, and not under any limitation of civil capacity; 2.1.2. They have full (unrestricted) capacity, are not under the influence of narcotic, alcoholic, psychotropic, or toxic substances, are not under error, fraud, coercion, threat or any unlawful influence, and are not being subjected to deceit, misrepresentation or other prohibited acts. They fully understand the expression of their will, the substance of these Terms and Conditions, and the legal consequences arising from them; 2.1.3. They have read the Terms and find them acceptable; 2.1.4. All information provided by them is accurate; 2.1.5. The User is not involved in any unlawful activity under the laws of any jurisdiction (including Georgian law), including, but not limited to, money laundering, arms trafficking, terrorism or any other unlawful conduct; 2.1.6. At account creation and throughout the duration of the Contract, their activities shall be in compliance with local and/or international law; 2.1.7. Their actions are not and will not be intended to deceive www.melo.delivery. In this respect, any document or information submitted by them to www.melo.delivery is and will be truthful, accurate and complete at the moment of its submission; 2.1.8. They will act in good faith, fully and properly fulfil their obligations under these Terms; 2.1.9. After opening an account, until the termination of the Contract, www.melo.delivery may obtain, verify, and process any personal information or universal identifiers provided by or connected with the User; 2.1.10. The User shall promptly inform www.melo.delivery in writing of any circumstances that may be inconsistent with their foregoing representations or warranties or cause a breach thereof; 2.1.11. www.melo.delivery enters into the Contract on the basis of the statements, warranties, and obligations contained herein, and regards them as contractual terms. Accordingly, after the Contract is formed, any breach of the statements, warranties or obligations in this section is sufficient grounds for www.melo.delivery to unilaterally refuse to provide any service(s) under this Contract; 2.1.12. www.melo.delivery may send to the User SMS or e mail notifications related to registration on the site or the sending/receiving of parcels; 2.1.13. The data published on the website are accurate as to its attributes; 2.1.14. The personal data provided by the User to the Company are correct; 2.1.15. The User is responsible for any damage caused to third parties. Opening and Using an Account; Placing an Order 3.1. Rules for using the services of www.melo.delivery: • The User registers / authorizes on the website by using their email or via Gmail; • The User has the option to use door to door delivery service or send a parcel via Commercants; • After authorization, to prepare a parcel shipment the User must verify their mobile phone, then click the appropriate button, enter the address from which the parcel will be sent and the address of the Recipient; select the parcel size (small, medium or large); if the parcel is fragile or perishable, they must indicate that; after specifying these details, the User chooses the type of shipment, which offers different delivery speeds and tariffs — Swift, Standard, Lite; the User must then enter their mobile number, the Recipient’s mobile number, fill in a brief description of the parcel, the Recipient’s name and surname, and any other details needed; they must agree to the rules of packaging and dispatch, check the summary of the information, ensure the accuracy of the details provided, and click the “Send” button. The Sender is responsible for selecting the correct parcel size when placing the order. The Sender is also fully responsible for the contents of the parcel and for the absence of prohibited items. The Recipient may be changed only before the order is placed; • After the Sender registers the parcel online and pays the service fee, the Recipient will receive a notification (via email or mobile number provided by the User) containing information about the parcel; • If the Sender chooses to send the parcel via a Commercant, from that moment the Sender has 24 hours to drop off the parcel at the Commercant location they choose; • If the Sender does not deliver the parcel to the Commercant within 24 hours, the shipment will be cancelled and the courier/shipping fee will be refunded to the Sender; • After the Sender leaves the parcel with the Commercant, the Company undertakes within a maximum of 3 working days to deliver the parcel to the Recipient via the Commercant chosen by the Recipient; • After delivery of the parcel to the chosen Commercant, the Recipient has 7 calendar days to pick up the parcel; • If the Recipient does not collect the parcel within 7 days, the Company will collect it and place it in its office, where it will be stored for 30 days; • If within 30 calendar days the Recipient fails to collect the parcel, the Company has the right to destroy/throw away or return it from the warehouse to the Sender. • In case of unsuccessful door-to-door delivery: If the courier is unable to deliver the package to the recipient (due to an incorrect address, the recipient’s absence, or any other reason beyond the courier’s control), the company reserves the right to return the package and place it in its office, where it will be stored for a period of 30 calendar days. After this period, the company has the right to destroy the package or return it to the sender. 3.2. If the User has any additional questions regarding the service terms of www.melo.delivery or any issue of interest, they may contact the Support Team via chat. Universal Identifiers Registered in the Identification System 4.1. Username – one of the unique parameters defined by the User, needed for authorization for remote services. 4.2. Password – one of the parameters determined by the User, necessary for performing authorization for remote services. 4.3. Mobile phone number – the phone number on which the User receives one time access codes or one time passwords (if applicable) required for performing operations or necessary information for receiving services. 4.4. User’s email address – the email at which the User receives access codes, passwords (if applicable) or other necessary service related information. 4.5. For purposes of service improvement or security, the Company may specify additional or different user identifiers. Settlement between www.melo.delivery and the User 5.1. The User may settle payment using a credit or debit card, which includes agreement to these Terms and Conditions; 5.2. When paying by credit or debit card, the payee is the Company; 5.3. The Company will assist Users via customer support in resolving any issues arising when paying by credit or debit card; 5.4. A User who has an account on www.melo.delivery has the possibility to pre fund (“top up”) a balance; 5.5. Balance topping up is possible via an eligible card or other available payment methods; 5.6. The User can use the balance to cover the cost of purchase or service on www.melo.delivery; 5.7. Funds are deducted from the balance at the moment the order is confirmed by the User; 5.8. Balance may only be used within www.melo.delivery; 5.9. The balance funds are not subject to cash withdrawal, except in cases stipulated by law. Parcel Contents, Packaging Rules and Conditions 6.1. The Sender (User) is fully responsible for the contents of the parcel; the parcel must meet the packing rules defined in clause 6.2 below and must not contain any item(s) prohibited under Georgian law and/or under this Agreement. 6.2. Packaging must be done in such a manner that: • The contents and other parcels transported together are not damaged (including by moisture) during transport; • The parcel is packaged securely so that other consignments cannot move into it, and the contents are protected during transit; • The parcel is packed so that its contents are not damaged during transit and do not pose danger to persons handling or processing it; • Liquids or substances that can easily become liquid must be placed in hermetically sealed containers. Each such container must be placed in a rigid box, filled with appropriate protective material, which would absorb liquid in case the container breaks; • Greasy substances (which do not become liquid easily), such as creams, semi liquid soap, resin, etc., must be placed in primary packaging (box, cloth bag, plastic container etc.) and then placed in a rigid box to avoid leakage; • Dry paints/powdered substances (such as methylene blue and the like) are allowed only in hermetically sealed metal containers, themselves placed in rigid boxes with appropriate absorbent and protective materials; • Dry non painted powders must be placed in rigid containers (box, sack) which are placed in sturdy boxes; • Items made of glass or other fragile materials must be packaged in a rigid box padded with protective material to avoid friction between adjacent items or with box walls; in addition, the Sender must mark at order placement that the parcel contains fragile items. Items Prohibited for Shipment 7.1. The following items are prohibited from shipment under these Terms and Conditions: • Narcotics and psychotropic substances; • Radioactive materials; • Explosive, flammable, toxic, biological, infectious and other dangerous goods; • Weapons, explosive devices, warfare materials, including replicas/moulages thereof; • Items connected to pedophilia and child pornography; • Live animals; • Money, bank and credit cards, unprocessed platinum, gold, silver and/or their articles, precious stones, and other valuable items; • Counterfeit (any goods, including packaging, bearing an unauthorized identical or substantially similar trade mark to one lawfully registered) or pirated items; • Objects which by nature or packaging are hazardous to parcel service personnel and carriers; • Parcels which soil or damage other consignments or property of the Company or third parties; • Parcels intended for fraud or avoiding full payment of fees; • Perishable goods. Account Closure and Restriction of Use 8.1. www.melo.delivery has the right, by sending a notification via email, to suspend or restrict a User’s right to use the website if it determines that these Terms and Conditions have been violated. The closure or restriction of the account becomes effective from the moment of sending the notification pursuant to this Section; 8.2. If the Company closes or restricts the account for a determined reason, the User is not allowed to create a new account in their own or someone else’s name; 8.3. The User is entitled at any time to discontinue use of www.melo.delivery, which does not terminate the confidentiality obligations under this Agreement. Scope of Liability and Limitation of Liability 9.1. You agree that you have full discretion whether to use the Company’s website and services; you do so at your own decision, discretion, and risk. 9.2. The Company will provide access to the website and perform services in accordance with these Terms and Conditions. The Company gives no other promises or warranties regarding any service, product, or service element. Accordingly, to the extent permitted by law, the Company excludes liability (including for satisfactory quality or fitness for your purposes). Specifically, the Company does not guarantee that the website/service will be continuously available or free from errors, viruses, or other defects. 9.3. The Company is not liable to you or any third party under contract, tort (negligence), or otherwise for any loss or damage arising from or in any way related to your use of or reliance on any link on the site. The Company is not responsible for content of external websites to which you are linked from www.melo.delivery. 9.4. You accept that the Company will not be liable for any changes, access restrictions, or discontinuation of the website. 9.5. You agree that the Company is not responsible in cases where the website malfunctions, operations/transmissions are delayed or interrupted, data or connection or lines are lost or damaged, third parties unlawfully use the site or its components, or any circumstances beyond the Company’s control. 9.6. www.melo.delivery’s liability toward you is for direct material damage caused by its fault (intentional or negligent), but not exceeding the maximum limit specified in this document. Indirect loss, including loss of anticipated profits, is excluded. 9.7. The Company is liable for damage caused by: 9.7.1. loss of the parcel; 9.7.2. external damage to the parcel; 9.7.3. returning the parcel back to the Sender due to a Company error. 9.8. The Company’s liability applies when: 9.8.1. the parcel is lost — provided that it has not been possible to obtain information about it within 15 (fifteen) working days after the claim is filed; 9.8.2. external damage is discovered by the Recipient before handover, or during actual handover; 9.8.3. in case of non handover to the Recipient, external damage is discovered either before handing it back to the Sender, or while stored in the Company’s depot. 9.9. The Company is not liable in the following instances: 9.9.1. if the parcel was handed over according to the procedures established by Melo Georgia LLC; 9.9.2. for parcels whose non delivery to the Recipient is due to incorrect or incomplete information provided by the Sender; 9.9.3. in case of force majeure; 9.9.4. when the Company cannot track the parcel because of destruction of documents by force majeure; 9.9.5. if loss or external damage was caused by the Sender’s fault (including improper packaging) or by the nature of the contents; 9.9.6. for parcels containing prohibited items; 9.9.7. for parcels whose dispatch is allowed only under specific condition (e.g., must be packaged in a certain way), where that condition is not met; 9.9.8. in cases where Georgian law requires seizure, destruction or confiscation of the parcel by government authorities; 9.9.9. if the Sender acts in bad faith to obtain compensation; 9.9.10. if the parcel is not externally damaged; 9.9.11. if the User does not make a claim to www.melo.delivery within six (6) months from the date of parcel dispatch. 9.10. The Company is not responsible for any losses caused by the aforementioned or other non covered situations and such losses are not compensable. 9.11. In case of loss or external damage of a parcel, www.melo.delivery shall compensate damages as follows: 9.11.1. If the parcel is lost or its contents are completely destroyed: up to the cost of sending the parcel plus the MELО service charges, but not exceeding 150 (one hundred fifty) GEL; 9.11.2. If the parcel’s contents are partially lost or externally damaged: up to the cost of sending the parcel plus MELО service charges, but not exceeding 70 (seventy) GEL. 9.12. The Company is not responsible for damage to parcel contents arising from improper packaging. 9.13. www.melo.delivery is responsible: 9.13.1. for accuracy and timeliness of operations performed in the personal account in accordance with these Terms and Conditions and applicable law; 9.13.2. for keeping transaction related information in the personal account confidential, except in cases required by law. Force Majeure 10.1. The Parties are relieved from liability if breach of any obligation is caused by force majeure or by circumstances beyond their control that could not have been foreseen or avoided; 10.2. For the purposes of this agreement, force majeure circumstances shall include natural phenomena, strikes, sabotage or other industrial unrest, civil commotion, war, military operations, blockade, rebellion, earthquakes, landslides, epidemics, floodings, and other similar events not subject to the Parties’ control; 10.3. Suspension of performance under this Contract due to force majeure does not give rise to penalties; 10.4. Force majeure means something which could not have been taken into account by www.melo.delivery when entering the Contract, avoided, or overcome; 10.5. Circumstances considered force majeure include, but are not limited to: natural events, technical malfunctions or obstacles, catastrophes, weather deterioration which restricts movement; refusal by an international air transport company to transport postal parcels; war; strikes; change in legal acts; or any occurrence unforeseeable by www.melo.delivery; 10.6. If force majeure is temporary, the deadlines for fulfilling obligations by this document shall be extended by the duration of the force majeure period; 10.7. The Parties must notify the other immediately upon occurrence of force majeure regarding the impossibility of performing obligations. If immediate notification is impossible, then as soon as possible but no later than 7 days from the occurrence. Failure to notify within this period without valid cause prevents invoking force majeure for relief; 10.8. If the force majeure persists more than 30 (thirty) days or it becomes evident immediately that it will continue more than 30 days, Parties will consider whether termination of the Contract is appropriate. If Parties cannot agree, the Party to whom performance of obligations is not being met proportionally may make the decision to terminate. Upon such termination, Parties shall settle any prior mutual obligations in a reasonable timeframe. Duration and Termination of the Agreement 11.1. These Terms and Conditions shall remain in force from the moment they become effective and until the User cancels their registration. 11.2. The User’s full and timely payment for services ordered under these Terms and Conditions constitutes fulfilment of their monetary obligations. Payment of monetary obligations does not terminate these Terms and Conditions. Governing Law and Dispute Resolution 12.1. These Terms and Conditions are governed by and construed in accordance with Georgian law; 12.2. The place of performance of the obligations under these Terms is Georgia; 12.3. Any dispute or disagreement arising from or relating to these Terms or their interpretation shall be settled by negotiation between the Parties; 12.4. If the Parties fail to reach agreement within 30 (thirty) calendar days, they unconditionally agree that they may use other dispute resolution methods available under Georgian law. Amendments to the Terms 13.1. These Terms and Conditions may be amended by www.melo.delivery. Amendments may be made without prior notice to the User, but in the case of material changes the User must re agree to them in order to continue using the services without disruption. Upon each material change, the User shall have the opportunity to accept the changes via any channel by which they use www.melo.delivery. Entire Agreement 14.1. These Terms and Conditions, together with any related contracts, constitute the entire and complete agreement between you and www.melo.delivery in relation to the website and/or services, and supersede all prior or contemporaneous communications, understandings, written or oral statements, and warranties in relation to them. Privacy Policy 15.1. Please carefully review the Privacy Policy. By accessing www.melo.delivery and using the website, you confirm that you have read and agree to the Privacy Policy and all its terms. 15.2. The Privacy Policy concerns mechanisms for protecting personal data against unauthorized access by www.melo.delivery. 15.3. We highly value your confidential information. We protect personal data gathered and processed when you visit and use www.melo.delivery. 15.4. By accessing the website you agree to this Privacy Policy. 15.5. For full usage of the website, we may request information such as your name, phone number, email, and address. Information collected is used for identification and contact purposes. 15.6. When you visit www.melo.delivery, we collect information your browser sends, which may include: your IP address; browser type; referral page URLs; time and date of visit; duration of visit; other usage stats. 15.7. We emphasize that no method of transmitting or storing data electronically is 100% secure. Despite our efforts, we cannot guarantee absolute security. 15.8. www.melo.delivery may contain links to other websites. Because we do not control those pages, we advise you to review their Privacy Policies before using them. 15.9. www.melo.delivery has the right to occasionally update the Privacy Policy. We recommend that you regularly check the site for changes. Continuing to use the website after changes means you accept them. Transitional Provisions 16.1. Headings in these Terms are for convenience only and have no effect on interpretation; 16.2. On request, the User shall provide www.melo.delivery with any additional information and/or supporting documents required by the Company or as defined by Georgian law; 16.3. If any provision or part of a provision of these Terms is held to be invalid, void or unenforceable, that provision or part shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions; 16.4. www.melo.delivery may unilaterally make changes to the text of these Terms and notify Users via its informational channels, including the website, other accessible channels, or e mail; 16.5. By mutual agreement, the place of performance of these Terms shall be the legal address of www.melo.delivery; 16.6. In matters not covered by these Terms, the Parties shall be guided by applicable legal norms or by additional mutually agreed conditions. Contact If you have any questions related to these Terms and Conditions, please contact us.