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Last Revised: July 12, 2023
Welcome to Deckem Shipping—the app from Deckem Shipping LLC (“Deckem Shipping,” “we,” “us,” or “our“) that connects you with vehicle owners (each, a “Helper“) who will move your stuff wherever you want.
These Terms of Service (“Terms“) apply to your access and use of the mobile application (the “App“), website (“Site“) and other online products and services (collectively, the “Deckem Shipping Platform“) of Deckem Shipping.
BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE DECKEM SHIPPING PLATFORM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS BELOW. Please read all of the terms before you use the Deckem Shipping Platform. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Deckem Shipping Platform.
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Deckem Shipping Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
For information about how we collect, use and share information about users of the Deckem Shipping Platform, please see our Privacy Policy at https://deckem-shipping/privacy.
Through the Deckem Shipping Platform, you can submit a request (a “Request“) for a Helper to pick up the item(s) you specify (each, an “Item“) for loading, unloading, moving, hauling, packing, lifting, assembly or disassembly (the “Services“). You will receive price quote for the fee that will apply to completing your Request (the “Services Fee“). Once you submit the payment information for the Request, your Request will be sent out to our network of Helpers. You will receive a notification through the Deckem Shipping Platform when a Helper has accepted your Request, and you will be able to communicate with that Helper through the Deckem Shipping Platform to confirm and coordinate certain logistics involved with completing your Request.
You represent and warrant that the Items related to any Request are your personal property and you have all right, title and permission to request and allow the loading, unloading, moving, packing, or lifting of any Items, and that the performance of the Services by a Helper will not result in the violation of any third party’s ownership or privacy rights.
For more information about the Deckem Shipping Platform, please see our Customer Knowledge Base.
When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any Deckem Shipping Platform security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Deckem Shipping reserves the right to deny any account at our discretion.
You must provide credit card information to submit a Request. You are responsible for paying the applicable Services Fee for any completed Services. Once you submit a Request, we will place a temporary hold on the credit card account you provided in an amount equal to 100% of the applicable Services Fee. Once you and the Helper have verified that the Services are completed, you will have the option of paying an additional gratuity (a “Tip“) to the Helper, and your credit card account will be charged for the sum of the Services Fee, any Tip, and the fees for any additional services you may request.
You agree to make all payments to the Helper through the Deckem Shipping Platform and will not pay any Helper in cash or means other than directly through the Deckem Shipping Platform.
If you cancel any Request: (a) before a Helper accepts it, or (b) after it has been accepted by a Helper but more than 24 hours before the Services are to be performed, you will not be charged, and the hold will be lifted on your credit card. If you cancel any Request less than 24 hours before the Services are to be performed, your credit card account will be charged 20% of the applicable Services Fee.
In the instance where the Helper attempts to fulfill the Request but cannot do so for reasons out of the Helper’s or Deckem Shipping’s control, your credit card will be charged 50% of the applicable Services Fee.
On the condition that you fully comply with these Terms, Deckem Shipping grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Deckem Shipping Platform for your own personal, non-commercial use. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Deckem Shipping that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Deckem Shipping Platform, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Deckem Shipping Platform, (c) disassemble, decompile or reverse engineer any of the software components of the Deckem Shipping Platform, (d) copy, frame or mirror any part of the Deckem Shipping Platform, (e) interfere with or disrupt the integrity or performance of the Deckem Shipping Platform, or (f) attempt to gain unauthorized access to the Deckem Shipping Platform or its related systems or networks.
You may not post or otherwise make available on or through the Deckem Shipping Platform any of the following:
Also, you may not do any of the following in connection with the Deckem Shipping Platform or other users:
Your use of the Deckem Shipping Platform is at your own risk. Deckem Shipping is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, Deckem Shipping is not liable for the content of any Requests. Although we have no obligation to screen, edit or monitor Requests, we reserve the right, and have the discretion, to screen, edit or remove any Requests at any time, for any reason and without notice.
The Deckem Shipping Platform is merely a neutral means of connecting you with Helpers. We do not represent or warrant that any Helper will meet your expectations or instructions in performing any Services. Any dispute that you may have regarding the performance of any Services, including any dispute related to the time, place, and manner of doing so, is between you and the applicable Helper. Deckem Shipping is not responsible for the replacement or repair of any of your personal property that may be damaged by a Helper while performing the Services.
Please report any suspected illegal or unethical behavior by a Helper during the performance of any Services to: support@deckem-shipping.com.
Deckem Shipping users may report content to Deckem Shipping that they think violates these Terms, and Deckem Shipping may remove such content, suspend or terminate the account of the user who posted or otherwise made available such content and/or take additional action to enforce these Terms against such user.
Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Deckem Shipping has adopted a policy of terminating, in appropriate circumstances and at Deckem Shipping’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Deckem Shipping may also at its sole discretion limit access to the Deckem Shipping Platform or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Deckem Shipping Platform infringes upon any copyright that you own or control, you may file a notification with Deckem Shipping’s Designated Agent as set forth below:
Designated Agent: DECKEM SHIPPING LLC.
Address of Designated Agent: 18712 NW 27TH AVENUE APT 211, MIAMI GARDENS, FL 33056
Email Address of Designated Agent: copyright@deckem-shipping.com
Fax Number of Designated Agent: (786) 355-8449
Phone number of Designated Agent: (786) 355-8449
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Deckem Shipping or the alleged infringer as the result of Deckem Shipping relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
As between you and Deckem Shipping, all information, materials and content of the Deckem Shipping Platform, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Deckem Shipping or is used with permission. When you create, share, link to, or otherwise make available any Requests, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Requests throughout the world in any manner or media, on or off the Deckem Shipping Platform. Deckem Shipping reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of Deckem Shipping any and all moral rights that you may possess in or to any Requests.
Any suggestions, comments or other feedback you give us about the Deckem Shipping Platform (the “Feedback“) will constitute our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this Feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
The Deckem Shipping Platform collects location information and it will be used and disclosed as set forth in the Privacy Policy at https://deckem-shipping.com/privacy.
By accepting these Terms or using the App you affirmatively consent to Deckem Shipping’s collection, use, disclosure and storage of your location information. You may revoke your consent with respect to Deckem Shipping’s collection, use, disclosure and storage of your location information at any time by deleting the App from your mobile device, or by changing the privacy settings on your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Deckem Shipping will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, Deckem Shipping will resume the collection of location information.
Deckem Shipping takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
EXCEPT AS REQUIRED OTHERWISE OF DECKEM SHIPPING BY APPLICABLE LAW, THE DECKEM SHIPPING PLATFORM AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING REQUESTS) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE DECKEM SHIPPING PLATFORM AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DECKEM SHIPPING PLATFORM (INCLUDING REQUESTS) AND THE SERVICES PERFORMED BY HELPERS.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL DECKEM SHIPPING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE DECKEM SHIPPING PLATFORM (INCLUDING THE APP AND ANY REQUEST OR BID), SERVICES PERFORMED BY HELPERS, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF DECKEM SHIPPING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF DECKEM SHIPPING AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE FEE TO DOWNLOAD THE APP (IF ANY) AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE.
You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the Deckem Shipping Platform or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Deckem Shipping account.
The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third-party software.
Deckem Shipping reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Deckem Shipping Platform and/or any features, information, materials or content on the Deckem Shipping Platform with or without providing notice to you. Deckem Shipping will not be liable to you or any third party for any changes or discontinuance of the Deckem Shipping Platform or any part of the Deckem Shipping Platform.
By using the Deckem Shipping Platform, you agree that we may communicate with you electronically regarding your use of the Deckem Shipping Platform and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@deckem-shipping.com.
Deckem Shipping may suspend or terminate your rights to access or use the Deckem Shipping Platform (including the App) for any reason or for no reason at all and with or without notice at Deckem Shipping’s discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH DECKEM SHIPPING AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DECKEM SHIPPING.
These Terms shall be governed by and construed in accordance with the laws of the State of Washington and the United States of America, without resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Deckem Shipping Platform, you and Deckem Shipping agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Seattle, Washington. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Deckem Shipping are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Deckem Shipping will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Seattle, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the Deckem Shipping Platform.
Enforcement of these Terms is solely at Deckem Shipping’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Deckem Shipping Platform and the Services, and they supersede any prior agreements that may have been made.
If you have any questions about these Terms, please email us at support@deckem-shipping.com or send a letter to:
DECKEM SHIPPING LLC
18712 NW 27TH AVENUE APT 211, MIAMI GARDENS, FL 33056
(786) 355-8449
Apple, Inc. and Other Third-Party Beneficiaries. You acknowledge and agree that Apple, Inc. (“Apple”) and its subsidiaries are third-party beneficiaries of this Agreement and further that (a) upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party; (b) this Agreement is conducted between you and Deckem Shipping only, and not Apple; (c) Deckem Shipping, and not Apple, is solely responsible for the Software and the content thereof; (d) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (e) to the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the Software; and Deckem Shipping, and not Apple, will be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Software to conform to any applicable warranty; (f) in the event of any third party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple will not be responsible for addressing any of your claims or any third party claims relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Please note that Damage Protection only applies to the goods being transported. It does not protect damage to the environment surrounding the Deckem Shipping (e.g. floors, walls, ceiling, etc.). Additionally, for Damage Protection and insurance purposes, the value of any given item is considered to be the lesser of (a) the price at which it was most recently purchased (last 12 months), or (b) the cost of replacement, as may be reasonably determined by Deckem Shipping. Further, the value of such an item is determined independently of the amount of any supplemental Damage Protection purchased from Deckem Shipping (in addition to the $300 of complimentary Damage Protection provided by Deckem Shipping). For example, if $1,000 of supplemental Damage Protection were purchased, the recent purchase price was $300, and the cost of replacement were $400, then Damage Protection would cover $300. Deckem Shipping reserves the right to reject any claims of damage not submitted within 14 days of the damaging incident. Deckem Shipping is not responsible for any damage that is incurred outside of the express-written parameters of the move as purchased by the customer. Any act undertaken by our independent contractors that is not explicitly paid for may not qualify for damage protection.deckem-shipping.com18712 NW 27TH AVENUE APT 211, MIAMI GARDENS, FL 33056