These Terms of Use (this “Agreement”) are agreed to between Softafrique LLC dba Home Delivery Express, a New Jersey limited liability company (“HDE,” “we,” “us,” or “our”), and you (as “Customer,” “you,” or “your”). This Agreement governs your use of HDE’s freight forwarding services, including all services that we provide or may provide in the future (collectively, the “Services”), and your access to any website, mobile website, mobile application, or other digital system owned by or operated for HDE (collectively, the “Platform”).

Before becoming a Customer and before accessing or using the Platform or Services, you are required to agree to the terms of this Agreement. This Agreement constitutes the complete and exclusive agreement between you and HDE and supersedes any prior oral or written agreements, proposals, or communications, except where additional terms expressly apply.

PLEASE READ THIS AGREEMENT CAREFULLY.
By downloading, accessing, or using the Platform or Services, or by clicking a box indicating acceptance, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not access or use the Platform or Services.

This Agreement contains an arbitration provision, which limits your right to bring claims in court or have a jury trial, and provisions that limit HDE’s liability.

1. Term

This Agreement becomes effective on the earlier of the date you first access or use the Platform or Services and continues until terminated in accordance with this Agreement.

2. Eligibility

The Platform is intended for use by individuals eighteen (18) years of age or older. Additional eligibility requirements may apply depending on the Services used and the jurisdiction in which you reside. HDE makes no representation that the Platform or Services are appropriate or available in all jurisdictions.

3. Accounts and Conduct

3.1 Account Creation and Responsibility

To access certain Services, you may be required to create an account (“Account”). Account approval is at HDE’s sole discretion. Each Account is for your sole use. You may not share, transfer, or allow third parties to access your Account. You are solely responsible for all activity conducted through your Account.

3.2 Identity Verification

HDE may require identity verification before allowing access to certain Services. You agree to provide accurate and current information and authorize HDE and its agents to conduct reasonable verification inquiries. HDE may suspend or terminate Accounts that fail identity verification.

3.3 Your Content

You are solely responsible for all content, data, or information you submit or upload (“Your Content”). By submitting Your Content, you grant HDE a perpetual, non-exclusive license to use, store, process, transmit, and disclose such content solely for providing the Services and fulfilling obligations under this Agreement. HDE is not responsible for loss, deletion, or failure to store Your Content.

3.4 Conduct and Compliance

You agree to comply with all applicable laws, including export control laws, sanctions regulations, and Electronic Export Information (EEI) filing requirements where applicable. You represent that you are not subject to U.S. sanctions and will not use the Services in violation of any Economic Sanctions Laws.

HDE reserves the right to investigate, suspend, or terminate access for conduct deemed unlawful, abusive, or harmful.

4. Access to the Platform and Services

4.1 Platform Access

Subject to compliance with this Agreement and payment of applicable fees, HDE grants you a limited, non-transferable right to access and use the Platform for lawful purposes.

4.2 Platform Content

All Platform content (excluding Your Content) is owned by HDE or its licensors. You may not reproduce, distribute, or modify Platform content without authorization.

4.3 Third-Party Services

The Platform may provide access to third-party services. HDE does not control and is not responsible for third-party services, content, or failures. Your use of third-party services is governed by the third party’s terms.

5. Risk of Loss, Custody, and Unreceived Packages

(CRITICAL SHIPPING CLAUSE)

No Custody Until Physical Receipt.
Home Delivery Express does not take possession, custody, or control of any shipment until the package is physically received, accepted, and logged by authorized Home Delivery Express personnel at a designated Home Delivery Express facility.

Delivered but Not Received.
If a third-party carrier or courier marks a package as “delivered,” but such package is not physically received by Home Delivery Express, Home Delivery Express shall not be responsible or liable for the loss, theft, or misplacement of such package. A carrier’s delivery confirmation, scan, photograph, GPS record, or tracking status does not constitute receipt or acceptance by Home Delivery Express.

Unattended Deliveries.
Packages left unattended by a carrier, including deliveries made to a front door, porch, lobby, loading dock, sidewalk, or other unsecured location, are not considered received by Home Delivery Express and remain the responsibility of the sender or carrier.

Third-Party Carriers.
All transportation to Home Delivery Express facilities is performed by independent third-party carriers. Home Delivery Express is not responsible for any loss, theft, damage, delay, or misdelivery occurring prior to physical receipt into Home Delivery Express custody.

Customer Responsibility and Insurance.
The Customer is solely responsible for pursuing claims against the originating shipper or carrier and for purchasing insurance, declared value coverage, or signature-required delivery services. Home Delivery Express has no obligation to compensate for packages not physically received.

6. Termination and Suspension

HDE may terminate or suspend this Agreement or your access to the Platform at any time, with or without notice, subject to applicable law. You may terminate this Agreement by discontinuing use of the Services after paying all outstanding amounts.

7. Ownership and Intellectual Property

The HDE name, logo, and all related trademarks are owned by HDE. No rights or licenses are granted except as expressly stated.

8. Disclaimers

THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Indemnification

You agree to indemnify and hold harmless HDE from all claims, damages, losses, and expenses arising from your use of the Platform or Services or your breach of this Agreement.

10. Limitation of Liability

HDE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES. HDE’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU TO HDE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Force Majeure

HDE is not responsible for delays or failures caused by events beyond its reasonable control.

12. Arbitration; Waiver of Jury Trial

All disputes shall be resolved by binding arbitration under the Federal Arbitration Act. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND CLASS ACTIONS, subject to the terms outlined in this Agreement.

13. Governing Law

This Agreement is governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.

14. Notices

Notices to HDE shall be sent by mail or email to the addresses provided on the Platform. Notices to you may be sent electronically or by posting on the Platform.

15. Miscellaneous

This Agreement constitutes the entire agreement between the parties. If any provision is found unenforceable, the remainder shall remain in effect. HDE may modify this Agreement at any time, with changes effective upon posting.