Terms of Service

1. Agreement to Terms

By accessing and using Flint's platform and services, you agree to be bound by these Terms of Service and all applicable laws and regulations of Switzerland. If you do not agree with any of these terms, you are prohibited from using our services.

Flint Delivery is based in Zurich, Switzerland, and operates under Swiss law. These terms are governed by the Swiss Code of Obligations (CO) and Swiss law applies exclusively.

2. Nature of Platform

IMPORTANT: Flint operates exclusively as an intermediary platform connecting delivery riders, merchants, and clients. Flint is NOT a delivery service provider and does NOT provide delivery services directly.

Flint's role is limited to:

• Providing a technological platform to connect users
• Facilitating communication between parties
• Processing payments on behalf of riders
• Providing tracking and logistics tools

All delivery services are performed by independent third-party riders who are NOT employees, agents, or representatives of Flint.

3. Limitation of Liability

In accordance with Articles 97 and 100 of the Swiss Code of Obligations (CO), Flint's liability is expressly limited as follows:

3.1 Platform Liability Exclusion

As an intermediary platform, Flint is NOT responsible for:

• Damage to packages or goods during transport
• Loss, theft, or disappearance of packages
• Late or failed deliveries
• Traffic accidents involving riders
• Personal injuries to riders, merchants, or recipients
• Property damage caused by riders
• Any actions or omissions of independent riders
• Quality, condition, or legality of delivered items

3.2 Maximum Liability Cap

In the unlikely event that Flint is found liable under Swiss law, our maximum aggregate liability for any claim shall not exceed CHF 100 (one hundred Swiss Francs), or the platform fees paid for the specific delivery in question, whichever is lower.

This limitation applies to all causes of action in aggregate, including but not limited to breach of contract, tort, negligence, strict liability, or any other legal theory ( Art. 100 CO).

3.3 Exclusion of Consequential Damages

Flint shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or business opportunities
• Loss of data or information
• Business interruption
• Reputational damage
• Emotional distress or inconvenience

4. Rider Responsibilities and Insurance

Independent riders using the Flint platform are solely responsible for:

4.1 Mandatory Insurance Coverage

All riders MUST maintain appropriate insurance coverage, including but not limited to:

• Personal liability insurance ( Art. 58 Swiss Road Traffic Act) covering damage to third parties
• Accident insurance for personal injuries sustained during deliveries
• Vehicle insurance as required by Swiss law for motorized vehicles
• Professional liability insurance for damages to transported goods (recommended minimum CHF 1,000,000)

4.2 Rider Liability for Accidents

Riders are entirely responsible for any accidents, injuries, or damages occurring during delivery, including:

• Traffic accidents and collisions
• Personal injuries to themselves or third parties
• Property damage caused during delivery
• Damage to delivered packages or goods

Riders agree to indemnify and hold Flint harmless from any claims, damages, or expenses arising from accidents or incidents during deliveries ( Art. 97-100 CO).

4.3 Compliance with Laws

Riders must:

• Hold valid licenses and permits required by Swiss law
• Comply with all traffic regulations and road safety laws
• Maintain their vehicles in safe, roadworthy condition
• Report any accidents or incidents to their insurance providers

5. Merchant and Client Responsibilities

5.1 Merchant Liability

Merchants (shops and businesses) are solely responsible for:

• Financial losses resulting from lost, damaged, or stolen packages
• Material losses of goods entrusted to riders for delivery
• Insurance coverage for valuable or fragile items
• Accurate package descriptions including value, contents, and special handling requirements
• Compliance with applicable laws regarding transported goods
• Proper packaging to prevent damage during normal transport conditions

Merchants acknowledge that Flint is NOT liable for any losses and should maintain appropriate business insurance to cover shipment risks ( Art. 101-109 CO).

5.2 Client Responsibilities

Clients ordering deliveries agree to:

• Provide accurate delivery addresses and contact information
• Be available to receive deliveries or arrange alternative reception
• Inspect packages upon receipt and report issues immediately to the merchant
• Not request delivery of prohibited or illegal items

5.3 Prohibited Items

The following items are strictly prohibited from delivery through our platform:

• Illegal substances, contraband, or items prohibited by Swiss law
• Weapons, ammunition, or explosives
• Hazardous or dangerous materials
• Live animals (except where specifically authorized)
• Items exceeding declared weight or size restrictions
• Cash or negotiable instruments exceeding CHF 500

6. Service Availability and Platform Issues

Flint makes no warranties regarding:

• Continuous, uninterrupted platform availability
• Accuracy of tracking information or ETAs
• Availability of riders in specific areas or at specific times
• Quality of service provided by independent riders

The platform is provided "as is" without warranties of any kind, whether express or implied ( Art. 197-210 CO).

7. Pricing and Payment

Platform fees are calculated based on distance, delivery urgency, and market conditions. All prices are displayed in Swiss Francs (CHF) and include applicable VAT where required.

Payment is due at the time of booking. We accept major credit cards, debit cards, and business invoicing for approved partners.

Platform fees paid to Flint are for technology services only and do not include any insurance or liability coverage for deliveries.

8. Cancellation and Refunds

Deliveries may be cancelled within 5 minutes of booking for a full refund of platform fees. After this period, cancellation fees may apply based on delivery progress.

Refunds are limited to platform fees only. Flint is not responsible for refunding the value of goods or compensating for failed deliveries beyond the platform fee.

9. Indemnification

Users agree to indemnify, defend, and hold harmless Flint, its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• User's violation of these Terms of Service
• User's violation of any applicable laws or regulations
• User's negligence or willful misconduct
• Disputes between users (riders, merchants, clients)
• Content or items submitted for delivery

10. Dispute Resolution and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions.

Exclusive jurisdiction: Any disputes arising from or relating to these terms or use of the Flint platform shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland.

Users expressly agree to submit to the jurisdiction of Swiss courts and waive any objections based on inconvenient forum or lack of jurisdiction.

11. Modifications to Terms

Flint reserves the right to modify these Terms of Service at any time. Users will be notified of material changes via email or platform notification at least 30 days before the changes take effect.

Continued use of the platform after modifications constitutes acceptance of the updated terms.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable under Swiss law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms of Service constitute the entire agreement between users and Flint regarding use of the platform and supersede all prior agreements and understandings, whether written or oral.

14. Contact Information

Flint Delivery
Based in Zurich, Switzerland
(Company in formation)

For questions about these Terms of Service, please contact us at support@flintdelivery.ch

For legal matters: legal@flintdelivery.ch