ElA- user agreement


Please read this agreement carefully before you use the services of ELA service platform:

Article 1 This Agreement is applicable to the goods delivery, inter-city carpool, errands runner and other demand information release services provided by ELA NZ LTD and its affiliated companies (hereinafter referred to as ELA) for users ("users" or " booking customer "). The term "ELA service platform" as mentioned in this agreement refers to including but not limited to the official website with the domain name of www.elayou.com and the mobile application with the name of "ELA", as well as the single or combined names of Facebook, WeChat public account, Microblog and other platforms that may be newly established in the future.

 

Article 2 Users fully understand that ELA service platform will entrust registered service personnel on the platform (hereinafter referred to as "ELA service personnel") to assist in completing the service in the process of services. ELA service platform will adopt various measures to improve the service order taking rate but will not make any commitment to whether any order is successfully accepted.

Article 3 In case of any dispute between the two parties regarding the content or implementation of this agreement, the two parties shall settle it through friendly negotiation. If the negotiation fails, either party has the right to bring a lawsuit to a court with jurisdiction. The conclusion, implementation and interpretation of this agreement and the settlement of disputes shall be governed by New Zealand law (for the purpose of this agreement only).


Article 4 Before using the ELA platform, users need to create an account number and perfect their personal data on the ELA platform. Users need to provide their mobile phone number, name, passport, driver's license or other identification and set the user password on the ELA platform.


Article 5 Users may also choose to provide photos, gender, age, industry, company and occupation to ELA platform, and obtain other information of users from third parties upon authorization of users.

Article 6 In order to meet the requirements of laws and regulations and protect the personal and property safety of users, meet the requirements of platform risk control, you must provide identity information before using some functions of ELA platform. If you refuse to provide the above information, ELA platform will not be able to provide you with corresponding services.

Article 7 When participating in ELA platform operation activities, users need to provide identity certificates, photos, address certificates, contact information and bank accounts. This information can help us to publicize activity results and carry out following publicity on the activity, get in touch with users, issue gifts or transfer money to users. If you refuse to provide such information, you may not be able to participate in the corresponding activities or receive gifts or transfers.

 

Article 8 In order to carry out data analysis and improve ELA platform services, we will collect your log information, including retrieval content, IP address, device information (including device model, unique device identifier, operation system, system language, resolution, telecom operator, SIM card location, device environment and other software and hardware information), make feature models and make user portraits to provide you with more personalized and convenient services. We will use the browser network storage mechanism and application data cache to collect information on your device and store it locally.

 

Article 9 Location Information, users can obtain relevant services without manually inputting geographic coordinates. Before you use the ELA platform for the first time, we will prompt you to choose whether to allow the ELA platform to obtain and under what circumstances to obtain your location information. If you refuse ELA platform to obtain location information, you will need to manually locate your location.

 

Article 10 In order to protect your interests, we will collect your platform call content, call duration, and call mobile phone number information to verify the facts and handle complaints when users have disputes or safety accidents. If you refuse us to obtain your call information, you may not be able to use the ELA platform's call and information functions.

 

Article 11 When using third-party services through ELA Platform Mall, we will obtain your exchange record, receiving address and contact information and share them with the third-party so that they can provide services for you in a timely manner.

Article 12 When users use ELA platform, we enable you to obtain an easy and safe access experience. We may use cookies or similar technologies to collect and store information. We may send one or more cookies or anonymous identifiers to your device in the process. We will not use Cookie for any purpose other than the purpose in this policy. We only collect your information for understanding your preferences, conducting consultation or data analysis, improving product services and user experience, or timely detecting and preventing security risks to provide you with better services.

Article 13 the user shall be deemed to have reached the agreement with ELA NZ LTD and its affiliated companies after clicking the approval registration button on the registration page and completing the registration procedure in any ELA service platform. The content of this agreement includes the text of the agreement and all kinds of rules that ELA has issued or may issue in the future. All rules are an integral part of this agreement and have the same legal effect as the text of this agreement.

 

Article 14 While using the services of ELA service platform, users promise to accept and abide by the provisions of various relevant rules, including but not limited to the relevant provisions on service process and fee payment. ELA has the right to make and modify this agreement or various rules from time to time as required. If there are any changes to this agreement, ELA will publish a notice on its ELA service platform to inform the users. If the user does not agree with the relevant changes, the ELA service must be stopped. The revised agreement will take effect immediately after it is published on any ELA service platform. ELA's various rules will come into effect upon promulgation and become part of this agreement. Logging in or continuing to use any ELA service platform will indicate that the user accepts the revised agreement.

 

Article 15 Users register as ELA members, obtain the right to use ELA member accounts and have the right to use ELA products and services. Users agree to be bound by this user agreement and use the member accounts reasonably. The user understands and agrees that the user will take full responsibility for all actions and remarks under the user's account.

Article 16 The user promises to meet the membership registration requirements of ELA. If the user is a natural person, he/she shall have full capacity for civil rights and conduct, or although he/she does not have full capacity for civil rights and conduct, he/she shall be registered and legally use ELA services with the consent of his/her legal representative. If the user is not a natural person, it shall be a legal organization in accordance with New Zealand laws and regulations. If the user does not have the above-mentioned subject qualification, ELA has the right to refuse the user's registration or cancel the user's account, and the losses shall be borne by the user.

Article 17 Users shall not lend (rent) registered accounts in ELA service platform to others. If the user does not place an order through the formal reservation channel of ELA service platform and privately places an order to require ELA service personnel to provide services, the user shall bear full responsibility for the disputes for this behavior and bear joint responsibility with the actual user, and ELA shall not bear any compensation liability.

Article 18 If a user has not used ELA member account or password to log in to ELA for two consecutive years, ELA has the right to cancel the user's member account. After the user's member account is cancelled, ELA has no obligation to keep or disclose any account information for the user, nor to forward any information that the user has not read or sent to the user or a third party.

Article 19 In order to ensure the quality and safety of the service, the user agrees to use ELA service according to ELA service process requirement, agrees to inform the order personnel and service personnel of relevant service processes in advance when using ELA service, including but not limited to the processes in Articles 13 and 14 of this agreement. If users and service personnel don’t comply with ELA service process, the users and service personnel shall bear its responsibility for related disputes or damages.

 

Article 20 Users shall verify the identity information of service personnel when using ELA service. If users use unregistered personnel with ELA service platform without identity verification, ELA shall not bear any legal liability for disputes or damages. If the user does not voluntarily inform or conceal the above situation, the user shall bear the relevant responsibilities for disputes or damages.

Article 21 ELA service personnel shall have the right to inspect entrusted items in service process, users shall cooperate with them. After placing the order, the user must take photos of the entrusted items and keep the photos for ELA to check the authenticity of the items.

 

Article 22 If the items are animals (including pets), plants, all kinds of valuables, currency, antiques, calligraphy and painting and other special items, please take protective measures by yourself. If the delivered goods are damaged with adverse results due to lack of protective measures or improper measures, the user shall bear the responsibility. ELA is not responsible for a series of adverse results of force majeure such as natural weather and disasters


Article 23 If goods are damaged or lost due to the fault of service personnel, users can apply to ELA. If ELA confirms that the loss is true, ELA will compensate users on behalf of service personnel. At the same time, the user will give ELA the right to claim compensation or insurance compensation from ELA service personnel and provide necessary cooperation if necessary. In addition, the user and ELA have made the following agreement on compensation in matters advance:
1、The user is only entitled to request ELA to compensate for damage or other losses for the fault of ELA service personnel. For the purpose of clarification, any delay, damage or loss of goods and services and other losses caused by the following circumstances shall not be covered by ELA's compensation scope. Users are requested to claim from ELA service personnel themselves:

(1) the natural nature or reasonable wastage of items itself;

(2) force majeure;  

(3) fault of booking customer

(4) ELA service personnel submit evidence clearly to prove that there is no fault.


2、 ELA will only compensate the actual losses of users on behalf of ELA service personnel within the actual value of the service (as defined below). However, under any circumstances, the maximum compensation amount of ELA for each order shall not exceed NZ $300, and ELA will not bear any other losses or associated damages (including but not limited to profits, income, interest and future business losses, etc.), regardless of whether these other losses and damages are special or indirect, and regardless of whether there is any risk of such losses or damages before or after providing services to users.
3、 When making a request for advance compensation to ELA, users shall truthfully inform the category and actual value of goods or services ,prove the actual value of goods or services. The "actual value" of goods or services shall be determined according to the following rules:

(1) If the goods are brand-new or unopened, "actual value" refers to the price information of the delivered goods displayed in the value certification documents (the "value certification documents") such as shopping receipts and invoices provided of the user for purchasing or producing the delivered goods. If the user cannot provide any proof of value, or the price information in the proof of value is obviously higher than the fair market price, the flash delivery has the right to compensate according to the lowest fair market price.
(2) If the goods are not brand-new goods, the "actual value" refers to the price information of the delivered goods displayed in the value certification documents (the "value certification documents") such as the purchase receipt and invoice of the user for purchasing or producing the delivered goods, and the depreciation degree of the goods shall also be considered. If the user is unable to provide any value proof, or the price information in the value proof is obviously higher than the fair market price, flash delivery has the right to compensate according to the lowest price in the fair market price and goods depreciation degree.

(3) The service value is the unfinished part of the service value between ELA service personnel and users.

 

(4) Despite the foregoing provisions, ELA has the right to request the user to provide a value certification report or other report issued by an authoritative organization or a value appraisal organization for the delivered goods if it deems it necessary.


4、Users can only apply for advance compensation once for each service. Any application must be submitted to ELA within thirty (30) days after the order is placed, otherwise ELA will no longer accept it and users should claim compensation to ELA service personnel. Within thirty (30) days after the user submits the request for compensation to ELA according to this agreement, the user shall issue valid identity certificate, photos of goods or services, value certificate, authentication certificate and claim letter according to the requirements of ELA, submit them to ELA for review and confirmation. If the recipient does not indicate any damage or other problems to the goods or services when receiving them, ELA regards goods or services as qualified

5、If the amount of ELA's advance compensation cannot make up for the user's loss, the user can claim for the loss beyond the scope of the advance compensation. The user proposes a claim to ELA's insurance company and ELA's service personnel. ELA will provide necessary assistance and cooperation.

Article 24 ELA is strictly prohibited from delivering contraband. If suspected contraband is found, ELA and ELA service personnel have the right to report to relevant departments. The user guarantees not to deliver contraband. ELA will not be liable for any seizure, robbery, damage or loss of contraband during ELA service. Contraband includes but is not limited to:
1、 All kinds of weapons and ammunition that do not meet the requirements of New Zealand law. Such as guns, bullets, ammunition, grenades, landmines, bombs, etc.
2、 All kinds of explosive articles. Such as detonators, explosives, gunpowder, firecrackers, etc.。
3、 All kinds of combustible articles, including liquid, gas and solid. Such as gasoline, kerosene, tung oil, alcohol, raw lacquer, diesel oil, aerosol, gas lighter, gas cylinder, phosphorus, sulfur, matches, etc.
4、 All kinds of corrosive articles. Such as pyrosulfuric acid, hydrochloric acid, nitric acid, organic solvents, pesticides, hydrogen peroxide, hazardous chemicals, etc.。
5、 All kinds of radioactive elements and containers. Such as uranium, cobalt, radium, plutonium, etc.
6、 All kinds of potent poisons. Such as thallium, cyanide, arsenic, etc.
7、 Various narcotic drugs. Such as opium (including poppy shells, flowers, bracts, leaves), morphine, cocaine, heroin, marijuana, methamphetamine, ephedrine and other products.
8、 All kinds of biochemical products and infectious articles. Such as anthrax, dangerous bacteria, medical waste, etc.
9、 All kinds of obscene publications, propaganda materials and printed materials that endanger national security, social and political stability.
10、 All kinds of articles that are harmful to public health. Such as bones, animal organs, limbs, animal skins without nitrate, animal bones without medicine, etc.
11、 New Zealand's laws, regulations and administrative rules explicitly prohibit the circulation, delivery or entry and exit of goods, such as state secret documents and materials, state currency and forged currency and securities, simulated weapons, controlled knives, precious cultural relics, endangered wildlife and their products, etc.
12、 Improper packaging may endanger personal safety, pollute or damage other delivery articles and equipment, etc.
13、 The delivering imported goods that destination countries (regions) prohibit.

14、 the delivery of goods that other applicable laws prohibit
Article 25 The user promises that he will not have following behavior when using ELA services. If any loss is caused to ELA or any other third party due to the user's following behavior, the user agrees to assume all responsibilities, including but not limited to compensating ELA and preventing it from suffering all direct and indirect losses (including any direct economic loss, goodwill loss and compensation, reconciliation fee, legal fees and lawsuit fees):

1. Violation of New Zealand laws and regulations and all kinds of social public interests or public morality   behavior;

2. Behavior in violation of relevant ELA regulations (including but not limited to making fake orders, using system loophole to obtain profits, illegal cash out, etc.);

3. Behavior in violation of the agreement;

4. Other behavior that damage the interests of ELA, ELA service personnel and other users.

Article 26 ELA has the right to delete relevant information and terminate the services at any time without the consent of the user for any improper behavior of ELA services, or any other circumstances in which ELA believes that the service should be terminated.

 

Article 28 ELA has the right to unilaterally terminate ELA services and require users to double return the unjustified benefits from such behavior, including but not limited to behavior that damage ELA's interests such as fake orders, damaged goods, false or illegal services in collusion with ELA service personnel. ELA has the right to further recover loss if it is not enough to compensate ELA's actual losses (including reasonable lawyer fees).

 

Article 29 The user understands and agrees that ELA is not responsible for the risks caused by force majeure, computer viruses, hacker attacks, system instability, user's location, user's shutdown and any other network, technology, communication lines and other reasons to interruption of flash delivery service or unsatisfied customers’ requirements, ELA is not responsible for such risks. 


Article 30 If any provision of this agreement is invalid or unenforceable due to the its applicable New Zealand law, such provision shall be deemed nonexistent  from the beginning and shall not affect the validity of other provisions of this supplementary agreement.
Article 31 Unless otherwise provided in this agreement, the failure or delay of one party to exercise the rights, powers or privileges of this agreement shall not constitute a waiver of these rights, powers and privileges, and the sole or partial exercise of these rights, powers and privileges shall not exclude the exercise of any other rights, powers and privileges.
Contact us

Address: 99 kerrs rd wiri,auckland Tel: 096006122 E-mail: mark@nzdmg.com