Algemene voorwaarden (Engels)

Updated 22th of August 2019
Introduction:

In the terms and agreements of Packaly you find everything you need to know to use our technology. Any questions about our terms are always welcome, feel free to chat with the team.

2.1 The Packaly terms and agreements are applicable to every Sender or Receiver making use of our Service, whether there is no separate partner agreement with the Sender.

2.2 The Service is provided by Packaly, registered at the Chamber of Commerce under number 72919353, located at Oudenoord 330, 3513EX Utrecht, registered under VAT number NL859286459B01.

3.1 Making use of the Packaly Dashboard Service or Integrated Service requires the registration of an account. To register an account, you may be required to provide us with information about yourself such as: name, credit card information, email address, phone number, address, postal code and city. You agree that this is your personal information and its accurate, correct and complete. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google or other third-party logins. This is just to make sure that you are capable to secure your own information.

3.2 You are responsible for communicating any fraudulent, inappropriate usage, losses and damages of your account. You are responsible for contacting our support team when your account has been hacked. We need your personal information to validate that you are the rightful owner of the account.

3.3 You agree that you are over the age of 16 years old.

4.1 Payment for the Packaly Services are done through our Payment Provider Mollie. You can pay for the Packaly Service through iDeal, PayPal, CreditCard and bank transfer.

4.2 When you use a CreditCard on the Packaly Service you represent that such payment information is correct, and belongs to you or you have authority to use the payment card.

4.3 The Packaly pricing is based on a fixed pricing. Our algorithm calculates the payout price for our rider but does not influence the fixed price for the Sender. We do offer a tier based pricing, which can be requested through the finance department.

4.4 We do not charge a fee over the payment amount for Packaly. We do charge a fixed fee provided by the payment provider over the payment service which can be found here.

4.5 You can apply for a billing on invoice service with our finance department. We have the ability to receive an invoice for all shipments done every 14 days of the month. To apply for an invoicing system you need to make regular use of the Packaly Service.

4.6 When a payment is late, you will be paying a fee on the unpaid invoice. This is based on the recessed costs, which will be determined by the finance department and add over the period of late payments.

5.1 In the situation that a Receiver is not available at the delivery address and does not give any notice that the Receiver is available at the delivery address, the Packaly Rider has it’s right to leave the delivery address after waiting for 5 minutes without any sign of response at the delivery address. The Packaly Rider will be allowed to return the Collected Products to the Sender address. The Sender will be charged for the costs the Packaly Rider made returning the Delivery to the Sender location.

5.2 The Sender is responsible to have the Collected Products available at the pick-up location. Packaly will make sure that all Collected Products made available for delivery are picked up on time and delivered within a 10 minute time frame after arriving at the Customers location.

5.3 The Sender is responsible for the preparation time of the Delivery. The Sender also knows and acknowledges that the Rider on an average arrives within 15 minutes at the Sender location.

5.4 The Sender is responsible for the correct delivery address and pick-up location of the Delivery. Packaly is responsible for the delivery of the Collected Products, provided by the Sender.

5.5 If the Sender is not able to deliver within a 20 minute time frame, Packaly is able to cancel the delivery at all times and charge a pick-up fee of €2 for the Packaly Rider coming to the pick-up location.

5.6 Packaly is not liable for any failure to meet the delivery and collection times set out in this agreement if such failure is caused by any of the circumstances listed in clause 5.1, 5.4 or 5.5.

6.1 In the occur of a force Majeure event neither Packaly, Store nor Customer will be liable for the delay or failure in performing the obligations under the current Terms to the extent that this failure or delay occurred or is caused by the event outside of the reasonable control of that party and which could not have been avoided or prevented by that party taking reasonable steps.

7.1 Booking a Delivery can only be done through the Packaly Dashboard of Packaly Service. Packaly does not accept phone requests.

7.2 We will provide you with information about the Service showing when a Packaly Rider has been assigned. You can only cancel or reschedule your booking through Packaly Support. If you reschedule or change your booking once it has been made, the following can apply:

a) If a Packaly Rider is not assigned to the order yet, you are allowed to cancel or reschedule the delivery without any charge;

b) If a Packaly Rider didn’t arrive at your pick-up location yet and you want to cancel or reschedule the delivery you can do this for a €5,- charge. The total charge will be used to cover the costs of the Packaly Rider travelling to the pick-up location.

c) If a Packaly Rider arrived and is waiting for 5 minutes or longer at the pick-up location and you want to cancel or reschedule the Delivery you can do this for a €5,- charge.

d) If the Packaly Rider is already collecting the items or is already out for Delivery and due to cancellation of the Delivery it needs to be returned to the pick-up location, this is not possible. The Receiver of the Collected Products needs to return the package themselves.

7.3 If a Packaly Rider cannot complete the Delivery because the Collected Items exceed the weight or dimensions restrictions set out in Clause 8.1 for the selected transportation, the Delivery will be cancelled and the Sender will be charged €5,- for the cancellation. If you still would like to complete the Delivery, you will be required to make a new booking with the correct transport selection and dimensions.

8.1 Packaly does not deliver the following products:

Any products, goods or items that are illegal in Europe or any guns, weapons, living organisms, such as animals or medical waste;

Any goods, products or items which you have been notified by us or a Packaly Rider as being prohibited.

8.2 When you use the Packaly Dashboard or Packaly Integrated Service to deliver Collected Products to a delivery location, the contract of sale in relation with your Collected Products is made between the Receiver and you and not with Packaly as the delivery party.

8.3 You are responsible for preparing and packing the Collected Products and makes sure that this is done before the Packaly Rider picks up the Collected Products.

8.4 You agree that the service will not be used to deliver any delicate or fragile products, goods or items and, if you do, will be done at your own sole risk. We shall not be liable to you for any damage to delicate or fragile products, goods or items and you shall ensure that any of these goods, products or items that you send are appropriately packaged and protected.

8.5 Packaly has the right in our sole discretion to reject a booking request placed by you. We may do this, for example, if we suspect that the booking request or the goods of products that you have requested to be collected using the Service are not in accordance with these Terms.

8.6 You must select an appropriate mode of transport for the delivery. We impose restrictions on the weight and dimension of items that can be transported by each mode of transport. The restrictions are as follows:

a) Bicycle Courier Bag: L40CM x W40CM x H60CM (15kg max)

b) Bicycle Cargo Bike: L71CM x W100CM x H100CM (190kg)

9.1 Packaly (or the licensors) retain the ownership of the service and the associated intellectual property rights (including those in our website and mobile applications). We grant you permission, a non-exclusive, non-transferable right to use the Service’s features solely for your own personal, non commercial purposes, subject to these Terms. All rights we do not grant you specifically in these Terms are reserved by us.

9.2 You agree that you shall not copy, decompile, reverse engineer or otherwise derive or attempt to derive source code from the Service (including the website and mobile applications) except as is permitted by our Copyrights Designs where such actions cannot be prohibited because of essential for the purpose of achieving interoperability of the Service with another program, and provided that the information obtained you during such activities:

a) Is used only for the purpose of achieving interoperability of the service with another software program;

b) Is not unnecessarily disclosed or communicated without our prior written consent to any third party; and

c) Is not used to create any software or service that are substantially similar to the Service Packaly provides.

10.1 You will warrant:

a) That you will not use the Service for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the Service;

b) Not to use the Service to deliver any item that is dangerous, illegal or intended only to annoy or abuse other users or third parties (including us or our Carriers);

c) To comply with any terms of service that apply between you and the Rider that transports your item (as may be notified to you);

d) Not to use the Service to transmit any viruses (or similar malicious code) or any material that is infringing, obscene, defamatory, threatening or unlawful or that may harm us or any third party;

e) To indemnify and defend us fully against any Claims or legal proceedings brought against us by any third party (including Recipients) as a result of breach of these Terms;

f) To keep your account username and password secure at all times and not to disclose your account username and/or password to any other person;

10.2 Next to the above you will further warrant that you will perform your obligations under these terms including preparation and packaging of Collected Products for delivery, with due care and skill and in accordance with industry standards. This means that either the Collected Products need to be packed in a strong bubble wrapped bag or box.

10.3 We warrant that we will perform our obligation under these Terms with due care and skill and in accordance with industry standards.

11.1 Each Party shall keep strictly confidential and not disclose to any third party, directly or indirectly, any confidential information, that may have been communicated by or on behalf of another Party, unless that information is public knowledge or already known to such Party at the time of disclosure, or subsequently becomes public knowledge or already known to such Party at the time of disclosure, or subsequently becomes public knowledge other than by breach of these GCU, or subsequently comes lawfully into the possession of such party from a third party. Each party shall use its reasonable endeavours to prevent the unauthorised disclosure of any such information. The confidential information referred above shall include (without limitations):

a) Address, surname and forename of the Customer;

b) Address, surname and forename of the Recipient of Delivery of Products, if different to the Customer;

c) Address, surname and forename of the Sender of a Delivery of Goods, if different to the Customer;

d) Telephone number of the Customer or third parties and communicated by a Customer upon use of the Application;

e) Any information that may relate to the Collected Products delivered; or

f) Any photographs or images revealing the above.

You shall not seek to extract or otherwise appropriate any information from the Application or any of the Company's databases or reuse any part of the data made available through the Application.

Notwithstanding the above, Packaly may however, where applicable, communicate the Confidential Information as necessary to the Packaly Rider within the framework of the execution of the delivery of the Collected Products.

12.1 The total aggregate liability in relation to loss, destruction or damage to Collected Products (taken together) caused by any reason whatsoever including by our breach of contract, tort or negligence or that of a Packaly Rider is limited to the cash value of the Collected Products but shall in no event exceed €250. If you consider that the potential loss or any other damage to you caused by the loss, destruction or damage of all (or part) of a single collection and delivery of Collected Products would exceed this amount then you must arrange separate cover or insurance to cover such potential loss.

12.2 Our total aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence), statute or otherwise for loss or damage not limited by Clause 12.1, is limited to the greater of (1) €500; and (2) the total Fees paid or payable to us in the 2 months preceding the event giving rise to the liability.

12.3 Neither party is liable to the other for any economic losses (including loss of revenues, profits, contracts, business or anticipated savings) or any special, indirect or consequential losses of any nature, whether or not such losses were known to the parties at the Effective Date.

12.4 Nothing in these Terms shall limit either party’s liability for death or personal injury caused by its negligence, fraud or any other statutory or other liability which cannot be excluded or limited by law.

12.5 We are not responsible and shall have no liability to you for:

a) The behaviour, actions or omission of any Recipient or any Rider;

b) The actions or omission of other users of the Service;

c) The quality of fitness for purpose of any Collected Products;

d) Losses, damage, costs or expenses not caused by our breach of these terms; or

e) Any harm, loss or damage suffered by you or anyone else (including any Receipients) if the Service is interrupted, suspended or otherwise not provided to you or if we do not comply with these Terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).

13.1 Packaly provides the Service without express or implied warranty or conditions of any kind, on the as-is basis and all implied warranties (whether by statute, custom or otherwise) are excluded to the maximum extent permitted by applicable law.

13.2 You acknowledge and accept that your access to the Service is dependent on connectivity over communications networks and facilities that are outside our operation and/or control and that your use of the Service may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.

13.3 We give no warranty that your use of the service will be uninterrupted or error free. We do our best and use our reasonable endeavours to provide a good, consistent service, however, you acknowledge and accept that we are not responsible for any loss, damage of any kind that you may suffer as a result of any interruption or delay to your access of the Service, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the Service.

14.1 The Packaly pricing model is based on a distance travelled by the Packaly Rider between the Sender and the Receiver.

a) The price for a single delivery with a Packaly Rider with a backpack is €9,50 (Excl VAT)

b) The price for a single delivery with a Packaly Rider with a cargobike is €12,50 (Excl VAT)

c) The pricing can vary in the Packaly Dashboard between these pricing based on the amount of kilometers that a delivery had to travel.

14.2 For partners that use our Service frequently or have a Service Integration, we offer discounted pricing billed on an invoice sent every two weeks. The tier pricing will be automatically calculated in the tier pricing algorithm.

15.1 If the Receiver has a complaint about the Collected Products itself (for example a complaint about the quality of the products), we will redirect the complaint to the Sender.

15.2 You shall be solely responsible for complaints and shall indemnify us against all Claims arising from or related to the Collected Products, including Claims about:

a) Any Collected Product that does not reflect the products information or other descriptions of the Collected Products published by you or its owner otherwise made available to the Receiver;

b) Any Collected Products from the applicable order placed by a Receiver that are damaged;

c) Products or goods that went missing which should have included with the Collected Products as part of the same or a connected order placed by a Receiver with you;

d) The Collected Products are inadequate, poor quality or otherwise not fit for purpose.

16.1 Packaly is responsible for complying with the General Regulation on Personal Data (AVG), the Privacy Directive (95/46 / EC) and the EU Regulation 2016/679 of the European Parliament and the Council with regard to the protection of natural persons with regard to the processing of personal data and the free circulation of such data or any equivalent or comparable legislation as implemented in the Netherlands.

16.2 You as a Packaly user in the EU have the following rights with regard to the processing of Your personal data by Packaly:

1) You have the right to request clarification of the data that Packaly has about You and the way Packaly uses this data;

2) You have the right to a copy of the data that Packaly collects about you if it is collected after your consent or because Packaly needs the data for the delivery of the services you want:

a) Correction: If Packaly has data of You that is incorrect in Your opinion, You have the right to request correction of Your data. See the section "Explanation, copies and correction" below for more information about correction, or a request for correction, of Your data.

b) Disposal: Users can request a removal of their account at any time. Users can submit a request for deletion via the Privacy settings menu in the Packaly app or via the Packaly website. We may retain certain data of You if this is required by law or if we have legitimate business purposes that are permitted by law.

c) Objections and complaints: Users have the right to object to the processing of personal data by Packaly for, for example, marketing purposes based on profiling and / or automated decision-making. Packaly may continue to process Your data in spite of Your objection, to the extent permitted by the GDPR. Users in the EU also have the right to submit a complaint to the Dutch Data Protection Authority about the processing of their personal data by Packaly.

16.3 In the context of the AVG, companies that process the personal data of users in the EU must do so on the basis of specific legal grounds. As described below, Packaly processes the data of users in the EU on the basis of legal grounds mentioned in the AVG:

1) You acknowledge that the processing is necessary for the provision of the services and functions You request.

a) Packaly collects certain data for this purpose with the aim of providing services. This includes, among other things:

i) User profile data required to create and maintain your account so that Packaly can, for example, check your identity, communicate with you about your trips, orders, and accounts, and enable you to make payments or make sales receive;

ii) Antecedent investigations data required for Packaly partners to perform transport services via the Packaly app;

iii) Location details of Packaly partners, which are required to match Packaly partners and customers and to track active trips and provide route directions;

iv) Transaction data that must be generated and maintained in connection with Your use of Packaly's services;

v) Usage data needed to maintain, optimize and improve Packaly's services so that, for example, bonuses can sometimes be determined (sometimes in combination with other data), customers and Packaly partners can be linked and fares and sales of Packaly partners can be calculated.

vi) This data is collected and used exclusively for the use of the Packaly apps.

16.4 You acknowledge that the processing is necessary to protect the vital interests of our users or others:

1) Packaly can process personal data and release it to, for example, the police if the safety of users or others is at risk;

2) You acknowledge that the processing is necessary for the representation of the legitimate interests of Packaly;

3) You acknowledge that Packaly collects and uses personal data to the extent necessary for legitimate interests;

16.5 This includes the collection and use of data:

1) To ensure and improve the safety of our users. For example, we collect data from background checks (to the extent permitted by law) to prevent unsafe users from offering services through our apps. We also use personal data to prevent users who display or show inappropriate or dangerous behavior from using our services. We do this, among other things, by storing data from excluded users and thus preventing them from using Packaly apps. We also use data to prevent customers from being matched with Packaly partners who pose a higher risk of problems (eg because other users have previously filed complaints about them);

2) To prevent, detect and combat fraud related to the use of our services. For example, Packaly uses user profile, location, device, and usage data to identify and detect instances where users try to cheat Packaly or other users;

3) To inform the police about criminal activities or threats to public security;

4) To provide support for customers;

5) To optimize our services and to develop new services. This includes, among other things, determining the best pick-up / dropping locations, recommending (new) functions, improving navigation, improving the price calculation and matching customers and Packaly partners or deliverers and receivers of deliveries;

6) For research and analysis purposes. This includes analyzing usage trends to improve not only the user experience, but also the security of our services;

7) For direct marketing. This includes analyzing data to identify trends and align marketing messages with user needs;

16.6 Packaly can collect personal data from you via voluntary surveys. Your responses to such surveys will be collected after Your permission and will be deleted as soon as they are no longer needed for the purposes for which they were collected.

16.7 To maintain compliance with the Packaly Terms of Service:

1) You acknowledge that the processing is necessary for the defense of the legitimate interests of other persons or parties:

a) Packaly collects and uses personal data to the extent necessary for the interests of other persons or the general public. This includes providing data related to legal claims or insurance claims to protect the rights and security of others;

b) Packaly may also process personal data if necessary for a material public interest based on applicable law.

2) You acknowledge that the processing is necessary for the fulfillment of the legal obligations of Packaly:

a) In the jurisdictions where Packaly is active, we are subject to legal requirements regarding the collection, processing, disclosure and storage of Your Personal data;

b) In the jurisdictions where Packaly operates, we are subject to legal requirements regarding the collection, processing, disclosure and storage of your personal data. For example, Packaly is subject to laws and regulations in many cities and countries that require us to collect and store data about Your journeys, to keep this data for a longer period of time and to provide copies of this information to government and other agencies. Packaly uses Your data to comply with such laws insofar as they apply to Your use of the Packaly apps.

3) Packaly can also provide data to the police or in response to requests from external parties in accordance with legal procedures.

4) You acknowledge that Packaly may collect and use Your information after You have given permission for it. You can withdraw your consent at any time. If You revoke the permission, You can no longer use a service or function for which we must collect or use the data collected or used on the basis of Your permission.

5) Packaly requires consent to the collection or use of data necessary to improve the user experience, to enable optional services or features or to communicate with You. If You are a user in the EU, the following forms of data collection or use will take place on the basis of Your consent:

a) Location data;

b) Share current location;

c) Notifications: Account and Rider updates;

d) Notifications: Discounts and News;

e) Accessibility features.

17.1 You confirm and agree that you understand:

a) We are a software company, and not a logistics company. We do not provide courier or logistics services, and we are not a goods carrier. We only operate the service of providing a courier with a delivery.

b) It is up to the Packaly Rider to perform any courier service you request via the Service of Packaly.

c) We solely provide information and enable you to book those third party courier services, but we do not provide courier services ourselves or act in any way as a courier.

17.2 You agree that we have no responsibility or liability for the acts or omissions of a Packaly Rider unless expressly set out in these Terms.

17.3 You warrant that you will comply with any Terms & Conditions applicable to the use of a third party Packaly Rider service we will not be responsible for any act of omission by you or the Rider in connection with your use of their service.

17.4 We are not responsible for any damage, loss or injuries acquired during the completion of any deliveries for third-party services.

18.1 Our visiting address is Oudenoord 330, 3513EX Utrecht in The Netherlands. Please inform with our customer service to book a meeting or appointment with any of our staff members.

18.2 For any Packaly Rider specific or Sender specific questions, write to us on the live customer chat.

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