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General Terms and Conditions

1. Introduction

You agree that by registering a user profile on Parcolo, you are entering into a legally binding agreement with Parcolo. Furthermore, you agree that by using the Service, you agree to those provisions of this document which concerns the content on the Service and your conduct thereon. If you do not want to use the Service and be bound by the provisions of this Agreement, do not register as a User. Parcolo reserves the right to amend the Agreement at any time. In the event that a change is significant, we will display a notice on the Parcolo website or send you an email. The change will be effective as of its notification to the User. The User enters into this agreement regarding the use of the Parcolo services with Abstract Group Limited, a company registered in England and Wales with company registration number 12345678, whose registered office is at c/o Abstract Group, Bright Red Triangle, Bright Red Ventures Hq 10 Colinton Road, Room D74, Edinburgh, United Kingdom EH10 5DJ.

IMPORTANT INFORMATION

Parcolo is a matching service and not a delivery transport solution. It is not a commercial service, rather it allows Bringers to be reimbursed in full or in part their costs for travelling to another location. Senders cannot send any items that would be illegal to be transported in any country. For greater certainty the following items must not be transported between Senders and Bringers including but not limited to: firearms or components of firearms, weapons, corrosive or hazardous substances, drugs and tools capable of being used as weapons and explosives. In addition Parcolo has the right to object to any item that may be transported using the Service, if Parcolo is aware of what is to be transported and has reasonable grounds for objecting. If you have concerns over what items may be transported using the Service, please contact us at support@parcolo.com If Bringer’s activity is commercial then it must adhere to all laws governing transport of goods, including and not limited to having the required insurance, licenses and/or permits.

2. Definitions

Capitalized words in this Agreement shall have the meaning set out below:

Agreement

shall mean this document and any documents it refers to

Parties

shall mean the User and Parcolo

Service

shall mean the service of facilitating contact between Users of the Service via the web, mobile app, or otherwise

Users

shall mean all users of the Service, including Senders and Bringers

Bringers

shall mean Users who enter into a contract with a Sender to transport an item from and to agreed locations and by the agreed means of transport, and who undertakes to perform such transport

Usage Rules

means the recommended rules between Users

Senders

shall mean Users who enter into a contract with an Bringer, and who is requesting the transportation

Website

shall mean the website on which the Service is provided

3. The service

3.1 General; changes to the Service

By entering into this Agreement, the User obtains access to the Service as it is offered from time to time. Parcolo is free to add, remove or change features or functionality of the Service. Parcolo will make reasonable efforts to inform you of such changes by making available such information on the website or otherwise.

3.2 Core features of the service

Parcolo matches Senders and Bringer on the move to utilize available transport capacity. The Service matches Senders with a need to have something transported with Bringers willing to do the transportation. All registered Users can act both as Senders and Bringers. The Service provides the ability to match these two parties. After matching, Users finalise transportation arrangements directly. Parcolo provides Usage Rules which contains recommended terms and conditions between the Sender and the Bringer. Users enter into a direct agreement with each other and Parcolo is not a contractual party to such agreement entered into between Users. Parcolo merely supplies the medium for Users to connect with each other and to facilitate payments for Services and other added-value services rendered between Users. While Parcolo requests information to identify registered Users, the Service is dependent on the Users providing correct information. Consequently, Parcolo does not take any responsibility for the actions or omissions of any Users connecting via the Service and neither does Parcolo assume any responsibility for the accuracy or reliability of User information or any other information on the Service. The Bringer understands that items sent may be packaged or wrapped, but it is not a requirement that the item is packaged or wrapped. Any damage to the item due to lack of packaging or wrapping is not the responsibility of the Sender.

4. Communications

As a User of the Service you agree to receive communications from Parcolo. This communication is related to you being a user of the Parcolo Service, and might happen through e-mail, phone, SMS, in app push messages or post. The content of this communication might be service messages, status messages related to tasks, matching messages and newsletters from Parcolo. You can at any time unsubscribe from the newsletters, and change the notifications settings. Some system critical messages cannot be turned off.

5. Users

5.1 Registration

The User can be a natural or a legal person (including a company). All Users are required to register a profile in order to use the Service. Parcolo uses the information you provide to facilitate the contact between different Users of the Service so that a request can be handled by the Driver undertaking to perform the transportation service.

5.2 Registration and information

When you register as a User, we might need the following information:

The information is used to establish contact between Users, manage the Agreement and to take reasonable measures to verify the identity of Users. In addition, you may need to provide further information in connection with each individual transaction which allows the Sender to determine the means of transport, etc. Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Parcolo cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of Users' purported identities or the validity of the information which they post on our site. All personal information is stored securely and treated in accordance with applicable legislation. You have the right to information about the data we have stored about you, and to demand that any errors are corrected. Further information regarding our use of personal information can be found in our Privacy Policy and which forms part of this Agreement.

5.3. Registration and Warranties upon Registration

To be able to use Parcolo's Services the User must register an account prior to using any of the Services. The User warrants and represents that all of the data provided by the User for registration is true, accurate and complete. The User shall report any changes in the registration data to Parcolo without undue delay. Failure to adhere to said condition is a fundamental breach of this Agreement.

6. Usage rules

The following usage rules shall apply for your use of the Service:

7. Parcolo's obligations - Availability

Parcolo shall use reasonable endeavours to ensure that Service will be available at all times. However the User acknowledges and agrees that events related to maintenance, security or capacity requirements, and/or events beyond Parcolo's control may result in malfunctions or interruptions of the Service. Parcolo excludes to the fullest extent permitted by law, all liability for damage caused by any such interruption or errors in functioning.

8. No warranties or representations, disclaimer

8.1 Parcolo provides the platform on which Users can connect so as to enable them to enter into agreements directly with each other for the provision of transport services and Parcolo takes no responsibility for the type of goods transported or for the performance of the transport service itself, these are matters between the Sender and the Bringer.

Parcolo makes no warranties or representations regarding any data and/or information published or otherwise made available on the Service from Users of the Service, or on any external websites linked to or referred to on the Service.

8.2 Liability

Neither Parcolo nor its directors, agents and employees, shall be liable to you in contract, tort, including negligence, or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

Where you are subject to a jurisdiction that does not allow the disclaimer of warranties or exclusion of damages, such disclaimers and exclusions may not apply to you. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you transport using the Service. Where the preceding exclusion fails to apply, if Parcolor is found liable, our liability to you or to any third party is limited to the greater of (a) the aggregate amount of Matching Fees incurred during the 6 months prior to the action giving rise to the liability, or (b) £100. Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

9. Indemnification

By providing information to Parcolo, you as a User, represent and warrant that you are entitled to submit the information and that the information is accurate, true, not confidential, and not in violation of any contractual restrictions or other third party rights. You shall indemnify and hold Parcolo harmless for all damages, losses and costs related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of information that infringes third party rights or applicable laws or your failure to comply with the Usage Rules, (2) any information you submit to the Services, and (3) any activity in which you engage on or through the Service. Parcolo makes reasonable efforts to verify the identity of registered Users. However, Parcolo explicitly disclaims any liability in connection with Users who submit inaccurate or incorrect information. The User warrants and shall indemnify and hold harmless Parcolo for any loss due to inaccurate or incorrect information being submitted by the User, or the registered profile being used by someone else than the registered User.

10. Personal data - privacy policy

10.1. Our use of personal data

When registering with Parcolo you the User agree that Parcolo may use and store the information provided by you in order for Parcolo to manage and maintain the relationship with the User. Parcolo may contact you at the email address specified in your profile with information about services and new offers from Parcolo. You have the right to request access to the information we have stored about you as well as requesting that we correct any erroneous information we have stored about you. For any queries regarding our use of personal data, please contact us at support@parcolo.com.

11. Intellectual property rights

Parcolo shall retain any and all intellectual property rights to all features and content of the Service, including but not limited to pictures, video, audio, text, design elements and source code. Subject to compliance with the terms of this Agreement, the User is granted a royalty-free (subject to any fees for accessing the Service being paid), non-exclusive, non-transferable license to use the Service in accordance with this Agreement throughout the term of this Agreement.

12. Prices and payment

12.1 Prices

The price consists of several elements, (i) the price for the transport service which is solely subject to agreement between the Bringer and Sender, (ii) the price for the Service provided by Parcolo (the “Matching Fee”) and, (iii) price of other premium services that Parcolo may add from time to time.

The price for the service offered by the Bringer is agreed by the Sender and shall be as set out in the agreement between the Users. The Sender will confirm any changes to the price if such a price is changed from the original price.

The Matching Fee includes VAT (when applicable), and is based on the price of transport cost as agreed between the Users. It may change from time to time, depending on the delivery type, distance, speed or for any other reason, at the sole discretion of Parcolo. Such fee will always be communicated by Parcolo.

12.2 Payment

Senders may pay the agreed price for the transport service by using a credit card or via any other method authorised by Parcolo. Senders shall pay the Matching Fee directly to Parcolo by using a credit card immediately following the completed transport, and the Sender hereby consents to Parcolo charging the Matching Fee from the credit card provided upon registration. Parcolo reserves the right to charge its Matching Fee and the Bringer payment upon successfully matching Sender and Bringer, or hold said amount on the Sender Credit Card prior to completed delivery. Where a Sender fails to pay the Matching Fee due, interest shall accrue at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 from the date that payment is due. After a period of 10 days, an administration charge of £50 shall be added to the amount due to Parcolo and Parcolo reserves the right to collect payment through court proceedings. If a Sender wishes to use the Service where any fees are outstanding from earlier transactions, those fees must be cleared in full by the Sender before he may use the Service again. Payment processing services for Senders and Bringers on Parcolo are provided by Braintree and/or Stripe‚ and will in the case of Stripe be subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Sender or Bringer on Parcolo, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Parcolo enabling payment processing services through Stripe, you agree to provide Parcolo accurate and complete information about you and your business (if relevant), and you authorize Parcolo to share it and transaction information related to your use of the payment processing services provided by Stripe. As part of the service, Parcolo may process payment from Sender to Bringer. Parcolo is only able to transfer the Bringer payment if it is has successfully collected it from Sender. Failure to collect said fee, for any reason whatsoever, will result in Bringer not receiving the Fee. Upon a successful collection of the Bringer Payment, Parcolo will make reasonable efforts to transfer the payment within a reasonable timeframe. Subject to receipt of payment from the Sender, and no other issues arising, Parcolo aims to make payment to the Bringer within 5 working days. Parcolo will not transfer the payment should a dispute arise between the Users and/or if there is a claim for damage or theft by Sender. Furthermore, Parcolo reserves the right to recover any Bringer payments and Bringer agrees to return any payment received if Parcolo, at its sole discretion, finds that Bringer was responsible for any damage or theft.

13. Parcolo Quality Guarantee

As part of its service, Parcolo provides a quality guarantee (insurance) to Senders. Should an item be damaged during transport, or should the item be lost or go missing due to Bringer mishandling, Parcolo will reimburse the Sender for any valid claim, up to £ 250 unless specified otherwise in the sending process. The coverage amount will always be communicated during the Send process. Parcolo may offer additional coverage, in some cases, against additional fees. Parcolo reserves the right to reject any claim if it reasonably concludes that said claim is false or fraudulent. Parcolo reserves the right to recover all or parts of the Fee from any payment made to Bringer and/or withhold payment to Bringer against a valid claim for damage or theft. Parcolo, at its sole discretion, will determine if the claim is valid. If the Bringer that is responsible for the damage, is acting in a commercial capacity, Parcolo reserves the right to recover said costs from Bringer.

14. Termination due to breach

Parcolo may restrict, suspend or terminate the account of any User who abuses or misuses the Services or if the User violates the Agreement, without further notice to the User. Any attempt to circumvent the service would be grounds for suspension and termination. Circumvention of the service includes and not limited to concluding transactions outside the system (i.e. trying to avoid concluding deliveries within the system etc.) with the attempt to avoid using Parcolo’s payment system and avoiding any matching fee associated with using the service. Parcolo reserves the right to recover the fee, plus an administrative fee of £100 from Bringer or Sender, or both.

15. Miscellaneous Provisions

15.1 Parcolo may transfer its rights and obligations under these terms to another organisation.

15.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16. Disputes, Choice of law and jurisdiction

If a dispute arises between you and Parcolo, we encourage you to first contact us directly to seek to resolve the matter by contacting us at support@parcolo.com We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement between you and Parcolo shall be governed by and construed in accordance with the laws of England. You and Parcolo both agree to submit to the non-exclusive jurisdiction of the English Courts. The use of the phrase "non-exclusive jurisdiction of the English Courts" means that if you were able to bring a claim arising from or in connection with this Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. However in whatever Court you bring a claim, English law will apply.