Delivery Provider Terms & Conditions
Last Update: January 13th, 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS TERMS AND CONDITIONS AGREEMENT (THIS “AGREEMENT”, AS MAY BE AMENDED, AMENDED AND RESTATED, ETC., AS PROVIDED FOR IN SECTION 20), INCLUDING THE PRIVACY POLICY INCORPORATED INTO THIS AGREEMENT BY REFERENCE AND ANY OTHER APPLICABLE POLICIES AND GUIDELINES THAT ARE ALSO INCORPORATED BY REFERENCE, CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TONQUIN CORPORATION (“TONQUIN”, “US” OR “WE”). TONQUIN INCLUDES OUR WEBSITE AT TONQUIN.COM (“SITE”), THE MOBILE DEVICE APPLICATION (“APP”), AS WELL AS ALL RELATED WEB SITES, NETWORKS, DOWNLOADABLE SOFTWARE, AND OTHER SERVICES PROVIDED BY US (COLLECTIVELY OUR “SERVICE”). IN ORDER TO USE OUR SERVICE, YOU MUST AGREE TO THESE TERMS.
THIS AGREEMENT CONTAINS PROVISIONS THAT, WITH LIMITED EXCEPTIONS, ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. SECTION 15 DEFINES THE TERMS TO WHICH YOU AGREE TO ARBITRATION, THE LIMITED EXCEPTIONS, AND THAT YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION.
BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT AND THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. IF YOU DO NOT AGREE OR NOT OF LEGAL AGE, YOU MAY NOT USE THE SERVICE.
Tonquin is in the business of connecting providers of goods (“Users”) with independent transportation providers through its APP. Tonquin does not provide transportation services and is not a transportation carrier. Tonquin does not own, lease or operate any vehicles. Tonquin provides a platform for connecting Users through the use of Tonquin’s software (the “Software”) with transportation providers through the APP and for which Tonquin charges a fee.
You are an independent transportation provider (“Courier”) who offers delivery services that may be utilized by our Users for the delivery of goods. You enter into this Agreement as a transportation provider for the purpose of using Services of Tonquin.
1. User Representations, Warranties and Covenants
By using the Service, you expressly represent and warrant to us the following: You have the required power and authority to enter this Agreement and if you are an individual, you are at least 18 years old. You are in lawful possession of a motor vehicle suitable for performing deliveries. Your use of the Service is for your sole, personal or internal business use. Your entering into this Agreement, and your registration with Tonquin and use of the Service is in compliance with and not in violation of any and all applicable laws and agreements to which you are a party and you agree to comply with all applicable laws while using the Service. If you are an entity, association or trust, you are duly organized, validly existing and in good standing under the laws of the state of your formation and each other state where you are required to be registered and in good standing, you have the full power and authority to operate your business and conduct deliveries contemplated by this Agreement. You have duly executed and delivered this Agreement and this Agreement constitutes the valid and binding obligation of you and is enforceable against you in accordance with its terms.
You may only access the Service using authorized means, which currently is the APP. It is your responsibility to check to ensure that you are properly logged into your account on the website and/or have downloaded the correct Software for your device. Tonquin is not liable if you fail to properly log onto the website, if you do not have a compatible device, or if you have downloaded the wrong version of the Software for your device.
By using the Service, you agree that:
You are the sole authorized user of your account through the Service.
The Service, in all of its forms, contains proprietary content that is protected by applicable laws, including but not limited to intellectual property law and copyright law.
You will only use the Service for delivering items for the Users; you will not use the Service for sending or storing any unlawful material or for deceptive or fraudulent purposes.
You will not modify the Software or any content displayed through the Service.
You will not disable the location feature on your device and will allow the APP and the Service to utilize the location feature on your device while participating in a delivery.
You will not, directly or indirectly, copy, create, compile or distribute any collection, compilation or other directory from any information or content displayed or otherwise obtained through the Service except for bookkeeping purposes and you shall not use any of that content or information for any other purpose.
The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
You are aware that when requesting Service by SMS text messages, standard messaging charges will apply and will be your sole cost and responsibility.
You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Service.
You accept responsibility for all activities that occur under your account.
You must notify us immediately if you believe that your account is no longer secure.
You will only use the Service for your own use and will not directly or indirectly resell either the Software or Service to a third party.
You may not modify, alter, reproduce, distribute, sell or make the Service available over a network.
You are responsible for any applicable taxes for your use of the Service.
2. Service Arrangement
Pursuant to this Agreement you will have the right to accept requests to provide delivery services (“Delivery”) received by you through the APP and for which you shall be paid a Service Fee (defined in Section 7). Each Delivery you accept shall stand as a singular and separate contractual agreement among you, us and the User for performing the Delivery.
Tonquin offers the Service which you may (once registered) access based upon your availability as determined by you. You will not be required to be available at any specific time or for any specific duration. You agree to abide by this Agreement when you choose to be available for Delivery notifications and/or utilize the Service.
You will be able to accept or reject any Delivery notification received by you through the APP. When you accept a Delivery, the parameter of the service is as directed by the User in conjunction with this Agreement. If you fail to perform the Delivery as directed you shall be held in breach of this Agreement and you may be subject to, among other things, monetary damages or to removal from the Service.
You have no obligation to accept and Deliveries, and Tonquin has no obligation to offer you any Delivery opportunities.
3. Performance of Delivery Services
You agree to fully perform all accepted Deliveries in accordance with the job parameters and other specifications as set out by the User, and to do so to your fullest and best abilities. It is your responsibility to make sure you understand the parameters before embarking on a Delivery. Full performance shall include, among other things:
timely arrival to the point of pick up;
direct uninterrupted transport of the item;
timely arrival to the point of delivery; and
timely notification to the User that the Delivery was complete.
You shall be solely responsible for determining the most direct and efficient manner to perform the Delivery, subject to User specification and this Agreement, and in compliance with federal, state and local laws.
You agree that you are an independent contractor engaged in the business of providing Delivery services as provided for in this Agreement. Upon becoming a party to this Agreement, you represent that you possess a current and valid driver’s license and any other licenses and permits as may be required by state or local laws necessary to perform the Delivery service. The copies of all such licenses and permits you provided to Tonquin are true, accurate and correct. You must keep all licenses and permits current and provide Tonquin with copies of them as they are renewed. Tonquin is entitled to review your licenses and permits from time to time as it sees fit. You hereby authorize Tonquin to perform a background check on you using the information you provide to Tonquin and any information Tonquin obtains about you.
You understand that you and Tonquin are, or may be, engaged in similar agreements with other parties. Tonquin is not precluded from entering into Agreements with others independent contractors engaged in the business of providing Delivery services; you are not precluded from entering into Agreements similar to this Agreement with other similar service companies. During the time that you are available to receive Delivery notifications, you shall only provide transportation services under the terms of this Agreement and you shall not display any third-party’s symbols, trademarks or insignias. Tonquin has no other right to restrict you from providing transportation services, of any nature, to any other business or individual. While you are bound by the terms of this Agreement, you will not divert or attempt to divert any of Tonquin’s business to our competitors.
You have the right to operate your independent business per your own parameters. You are bound by this Agreement when you are providing your services to the Users through the use of our Services, but not while providing similar services to third-parties. You shall not disparage, malign, negatively impact or interfere, in each case, in any way, with the business of Tonquin or its Users; if you do in any manner, as we determine in our sole discretion, we may, in addition to any other remedies available to us at law or in equity, seek to recover our damages from you and/or your access to the Service will be suspended or revoked.
4. Courier Quality Rating
For quality assurance purposes, Tonquin has put in place a rating system for User feedback of your Delivery service. Tonquin desires to connect Users with Couriers who maintain the highest standards of professionalism and will monitor the Users’ ratings. We intend that Couriers with higher ratings will receive more requests for Delivery services than Couriers with lower ratings. Notwithstanding anything to the contrary, Tonquin shall determine, in its sole discretion, which Couriers receive requests for Delivery services and has no obligation to submit any request to any Courier.
5. Courier’s Equipment
You represent that the equipment that you will use to provide your Delivery services will be reliable and in compliance with all industry and regulatory standards and qualifications and with all Federal, State and local laws. At the time you are registering to be a Courier, you will provide:
a copy of your driver’s license;
a copy of your vehicle registration;
a copy of your automobile insurance card; and
You will keep all of licenses, registrations, insurance and permits current, and will provide copies of each as they are changed or renewed.
You will operate your equipment in the performance of your Delivery services at your own discretion, subject to the requirements of this Agreement, User specifications, and Federal, state and local laws.
You are responsible for all costs, fees, expenses and taxes incidental to your performance of your Delivery services for yourself and your equipment, including, but not limited to, income taxes associated with the revenue earned hereunder, fuel, licenses, registration, insurance as well as any fines or fees assessed against you or your equipment by any Federal, State or local authority.
6. Service Fee
You will be paid an agreed upon Service Fee for your completion of a Delivery at pre-arranged rates which shall be set forth in a Service Fee Schedule.
If the route provided for a Delivery by the APP is not practicable because of some unreasonable interference and you reasonable take a different route, you may request that Tonquin consider paying you an amount different than the standard pre-arranged Service Fee. If Tonquin determines that there was unreasonable interference with the route provided by the APP and you undertook a reasonable alternative route, Tonquin may pay to you a Service Fee different than the pre-arranged Service Fee.
Tonquin shall remit payment of the Service Fee electronically as described in the Service Fee Schedule.
If the User cancels a Delivery request after you arrive at the pick-up destination, the User is subject to a cancellation fee and the Service Fee to be paid to you will be reduced as provided in the Service Fee Schedule.
7. Drug and Alcohol Testing
You agree to comply with all Federal, State and local laws regarding drug and alcohol use and testing. You acknowledge that if you test positive for drugs and/or alcohol, you may not thereafter use the Service until you provide proof that you have fulfilled all requirements mandated by the issuing agency. You will not provide any Delivery under the influence of any drug or alcohol.
8. Intellectual Property Ownership
Tonquin alone, and it licensors (where applicable), owns all right, title and interest in every aspect of the Service, including all intellectual property rights in the Service. All rights not expressly granted by Tonquin in this Agreement are expressly reserved. Notwithstanding anything to the contrary, any intellectual property developed or conceived by you during the term of this Agreement and relating to any part of the Service shall be the sole and exclusive property of Tonquin and a work made for hire. If, however, any such intellectual property is not work made for hire, then you hereby irrevocably and unconditionally assign and transfer to Tonquin all of your right, title and interest in and to such intellectual property and shall, at Tonquin’s request and expense, provide reasonable assistance in transferring and/or registering such intellectual property as owed by Tonquin. The consideration for such assignment and transfer is the opportunity to utilize the Service.
9. Third-Party Interactions
The Service may contain links to third-party websites, applications and/or advertisements. Tonquin shall have no responsibility, obligation or liability for any transaction between you and any third-party provider. Any transaction between you and any third-party provider is solely between you and the third-party provider. You must make whatever investigation you deem appropriate before transacting with any third-party provider.
For certain aspects of the Service, you will be required to download the APP, which will require a transaction between you and a third-party, e.g., Apple or Android application stores. You agree to pay all fees associated with your access to the APP, if applicable. You further agree to comply with all applicable third-party terms of use and agreement.
10. Insurance
In this industry, a courier’s time is broken into four periods: Period 1 waiting for a Delivery request (APP engaged), Period 2 Delivery request accepted (on your way to pick up the item), Period 3 making the Delivery and Period 4 using your vehicle for personal use. Tonquin carries secondary insurance coverage against damage to property or persons for Period 2 (this period begins when you accept a Delivery request through the Service and ends when you pick up the item to be Delivered) and Period 3 (this period begins when you pick up the item to be Delivered and ends when you have Delivered the item to the User designated destination). Tonquin does not provide any insurance coverage for Period 1 or Period 4 or for any other time. The insurance Tonquin provides is secondary and it only provides the coverage described below during Periods 2 and 3 to the extent your primary insurance does not provide such coverage. This coverage is contingent on the courier having a valid automobile liability insurance policy, in full force and effect at the time of the claim in the minimum amount of $300,000 combined single limit (the “CSL Limit”):
1. Damage to Another Person or Another Person’s Property. The secondary insurance Tonquin provides is up to $1 million for damage you cause to another person and another person’s property, not you and/or your vehicle.
2. Uninsured Motorists. The secondary insurance Tonquin provides is up to $1 million of uninsured motorist coverage for personal injury to you caused by another person without insurance.
Tonquin does not provide any insurance coverage other than as described in this Section 10, including coverage for Period 1 (while you are waiting for a Delivery request with the APP on) and Period 4 when you are utilizing your vehicle for personal purposes.
11. Indemnification
You agree to indemnify and hold harmless Tonquin, its officers, directors, employees, affiliates, investors and agents (“Indemnified Party”) from and against any and all claims, liabilities, damages, losses, actions, penalties, fines and expenses, including reasonable attorney’s fees and costs (each a “Loss” and collectively, the “Losses”), that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your violation of this Agreement, any User specifications and/or any applicable law or regulation, (b) your misuse of the Service, (c) your violation of any third-party agreement or any dispute or issue between you and any third-party, (d) your provision of or failure to provide the Delivery service after agreeing to perform such Delivery, including, without limitation, any damage to any item being delivered, any person or any property, and (e) any dispute between you and any User. Tonquin reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations, and you agree to fully cooperate in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for such party’s negligence, fraud, misrepresentations, concealment or omission of any material fact in connection with the Service.
12. Damage Claims to Items being Delivered
You are responsible for any damage to the item being delivered that is sustained while you are delivering it. You understand that insurance may or may not cover such damage, or it may provide coverage for some, but not all such damage.
You agree to notify the User and Tonquin of any damage sustained to an item being delivered as soon as possible after the occurrence. You agree to fully cooperate with the User and/or Tonquin to resolve a damage claim. You understand that, in the event of damage that is subject to an insurance claim, Tonquin may be required to disclose to the insurance company all details about your utilizing the Service and making deliveries for the User at the time of the incident. You must promptly upon request reimburse and/or indemnify Tonquin for any Losses incurred by Tonquin and associated with damage to an item you are Delivering, whether Tonquin is held liable by a court or arbitration panel, or for which Tonquin voluntarily pays.
12A. Accident Protocol
Call 911 and or the local police department immediately. Take photos of the accident seen of all vehicles \ objects involved. Cooperate fully with authorities to get a police report. If authorities are unavailable exchange insurance and driver information. Do not drive your car if it appears unsafe. Contact your insurance company soon after. Contact Tonquin immediately with delivery details so we can put a plan in place.
13. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE APP, WEBSITE AND SOFTWARE IS AT YOUR OWN RISK. PERIODIC CHANGES TO ANY OR ALL ASPECTS OF THE SERVICE MAY BE MADE WITHOUT NOTICE. ALL ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO ACCURACY, RELIABILITY, SUITABILITY OR TIMELINESS. TONQUIN EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTIBILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
14. Limitation of Liability
TO THE FULLEST EXTENT OF LAW, IN NO EVENT SHALL TONQUIN BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS OR REPUTATION USE, OR OTHER ECONOMIC ADVANTAGE) EVEN IF TONQUIN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TONQUIN IS NOT RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, DELIVERY FAILURES, VIRUSES, MALWARE AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TONQUIN WILL NOT BE RESPONSIBLE FOR ECONOMIC COSTS RESULTANT FROM THE USE OF THE SERVICE.
THE SERVICE CONNECTS YOU TO USERS FOR THE PURPOSES OF FACILITATING DELIVERY SERVICES. TONQUIN WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USERS AND YOU EXPRESSLY WAIVE AND RELEASE TONQUIN FROM ANY AND ALL LIABILITY, CLAIMS, LOSSES AND/OR DAMAGES FROM OR IN ANY WAY RELATED TO THE USERS.
15. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION 15 CAREFULLY. YOU UNDERSTAND AND AGREE TO ARBITRATE DISPUTES WITH TONQUIN AND THAT THERE ARE LIMITS UPON THE MANNER IN WHICH YOU CAN SEEK RELIEF. YOU FURTHER UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TONQUIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS SECTION 15 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
SCOPE: Notwithstanding the provisions of the above paragraph, we both agree that nothing in this Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to (1) assert claims in small claims court, (2) pursue an enforcement action through the applicable federal, state or local agency if that action is available, or (3) seek injunctive or equitable relief for misuse of intellectual property rights.
ARBITRATION RULES AND FORUM: Any arbitration between you and Tonquin will be governed by the Federal Arbitration Act (“FAA”). To begin an arbitration proceeding, the moving party must send a written notice of the dispute to the other as provided in Section 22. You and Tonquin agree to use good faith efforts to resolve the claim directly, but if a resolution is not reached within 30 days after the notice is received, either party may commence the proceeding. The Arbitrator shall have exclusive authority to resolve every aspect of the dispute and will to decide the rights and liabilities, if any, of both you and Tonquin. The Arbitrator may not consolidate more than one party’s claim. The Arbitrator shall have the authority to grant any remedy or relief to either party under applicable law, the FAA, and this Agreement with the same authority that a judge in a court of law would have. The Arbitrator will issue a written statement of decision sufficient to describe the essential findings and conclusions, including the calculation of any damages awarded. The Arbitrator’s decision is final and binding on all parties. Notwithstanding anything to the contrary, you and Tonquin hereby irrevocably agree that the exclusive venue for any arbitration pursuant to this Agreement shall be held exclusively in Onondaga County, New York State.
FEES: The payment of any fees will be decided by the FAA rules.
SURVIVAL: The Arbitration Agreement will survive any termination of this Agreement.
MODIFICATION: Notwithstanding any provision in this Agreement, we agree that any modifications or material change to the Arbitration Agreement will not apply to any claim for which a notice of Arbitration under this Section 15 has been received.
16. Governing Law and Exclusive Venue
This Agreement shall be governed, construed and interpretation in accordance with and all claims and disputes arising out of or relating to this Agreement will be governed by the laws of the State of New York or the Federal Government as applicable, notwithstanding any conflict of law rules.
You and Tonquin hereby irrevocably submits to the exclusive jurisdiction of the applicable state or federal court sitting in Onondaga County, New York State over any action, suit or proceeding permitted to be brought in a court. Each Party agrees that a final judgment (after taking into account any appeal rights) in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
17. Assignment
You may not assign or transfer your rights or obligations under this Agreement, in whole or in part, by operation of law or otherwise. Tonquin may assign or transfer these Terms, in whole or in part, at any time to any entity without notice or your consent.
18. Termination
Tonquin may modify or discontinue any aspect of the Service, or may modify, suspend or terminate your access to any aspect of the Service for any reason, without notice to you, and without liability to you or any third-party. You may terminate using the Service at any time by no longer accepting any prospective requests for Deliveries without notice to Tonquin and at any time and for any reason.
This Agreement will remain binding on you and Tonquin even after it is terminated.
19. Confidentiality
“Confidential Information” means any information or material relating to or about Tonquin, its, asset, its business and/or the Service, whether disclosed before or after the date of this Agreement. Notwithstanding the foregoing term, the Confidential Information shall not include any information that: (i) becomes generally available to the public other than by a breach of this Agreement or any other restrictions on nondisclosure or nonuse outside of this Agreement; or (ii) generally made available to third parties by Tonquin without restriction on disclosure or use.
You hereby covenant and agree that any and all Confidential Information relating to, arising out of, or associated with Tonquin, its business and/or the Service that is known, disclosed to or learned by you will not be utilized by you except in furtherance of the business of Tonquin and will be kept by you and will be required to be kept by any employees, agents, consultants, independent contractors, officers, directors and owners of you in strict confidence and not be disclosed to any individual, entity, organization or otherwise (each a “Person”), unless such disclosure is authorized by Tonquin, in which case the Person who becomes privy to the Confidential Information shall be required to agree in writing to abide by the terms of this Section 19 as if such Person were a party to this Agreement. Any breach of this covenant by any employees, agents, consultants, independent contractors, officers, directors and owners of you shall be deemed a breach of this covenant by you.
You and your, employees, agents, consultants, independent contractors, officers, directors and owners may disclose any Confidential Information that is required to be disclosed by applicable law. If disclosure is required, such Person shall give Tonquin as much advance notice as possible so that Tonquin may seek a protective order or take other action reasonable in light of the circumstances.
You acknowledge that the restrictions set forth in this Section 19 are reasonable in scope and essential to Tonquin entering into this Agreement and protecting the business of Tonquin and its affiliates.
You recognize and agree that in the event of a breach of this Section 19, money damages would be inadequate and the non-breaching party would have no adequate remedy at law. Accordingly, you agree that Tonquin shall have the right, in addition to any other rights and remedies existing in its favor, to enforce its rights and the breaching party’s obligations under this Agreement not only by an action or actions for damages, but also by an action or actions for injunctive and/or other equitable relief, in either case without posting a bond or other security, in order to enforce or prevent any violations of this Agreement.
20. Modification of these Terms
We reserve the right to amend, amend and restate, update and/or modify the terms of this Agreement at any time without prior notice, and such changes will be effective immediately upon being posted through the Service and binding on you. In the case of material change(s) to these this Agreement, we will make a reasonable effort to notify you of the change. Material changes to this Agreement shall be effective upon (1) your first use of the Service after you have received actual notice, or (2) thirty (30) days from the posting of such change, whichever is earlier. Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement in place at the time the dispute arose.
21. General
If any provision of the Agreement shall be deemed invalid or unenforceable, that provision shall be struck and it shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
To the extent that you are using our APP, you acknowledge and agree that the terms and conditions in this Agreement are between you and Tonquin only, and not with Apple or Android. Your use of the APP must comply with the Application Store’s Terms of Service and Conditions. You acknowledge and agree that the Application Store has no obligation to furnish any maintenance or support with respect to the APP. The Application Store is not responsible for addressing any claims by you or any third-party relating to the Service or your use of the Service, including, but not limited to (1) product liability claims, (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement, and (3) claims arising under consumer protection laws or similar legislation. The Application Store has no warranty obligation to you with respect to the APP. You agree to comply with any applicable third-party terms when using the Service. The Application Store will have the right to enforce the terms of this paragraph as a third-party beneficiary of the terms of this paragraph.
Except as provided in Section 20, this Agreement is the final, complete and exclusive Agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. Nothing in this Agreement shall supersede, amend or modify the terms of any separate agreement(s) between you and Tonquin.
22. Notices
All notices, requests, consents, and other communications under this Agreement shall be in writing and shall be deemed delivered (i) three (3) business days after being sent by registered or certified mail, return receipt requested, postage prepaid, (ii) one business day after being sent via a reputable nationwide overnight courier service, (iii) when sent, if sent by electronic mail or facsimile during normal business hours, and if not sent during normal business hours, then on the next business day (iv) upon delivery if personally delivered, in each case to the intended recipient as set forth below or (v) upon delivery to you, if sent by Tonquin through the Service:
Tonquin Corporation
235 Harrison Street MD#31
Syracuse NY, 13202
Email: support@tonquin.com
For each Courier: To the most recent address (including email address) you have provided to Tonquin. You are responsible for providing Tonquin with your most current contact information, including physical mailing address, telephone number and email address. You consent to receive communication from Tonquin and you agree that all communications provided to you via phone and or electronically satisfy any legal requirements that such communications would satisfy if they were in writing. To opt out of communication via text and phone, text STOP to 1(855)484-2420. Keeping accurate, current, and open lines of communication via phone is required to maintain an active account and opting out may lead to account deactivation.