General Terms and Conditions of Parcify – Driver

Date of entry into force: 11 February 2018

Art. 1 Scope, acceptance and amendment

These general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) come into force on the date stated above and apply to all services provided by bpost NV under the name of [Parcify] (hereinafter “Parcify”), regardless of their nature.

Use of the services of Parcify entails the driver’s acceptance of the General Terms and Conditions without reservation.

In these General Terms and Conditions, the “driver” is any natural person or legal entity that agrees to use Parcify to find a requester (“requester”) to carry a good or goods (“goods”) from one place to another. The driver will pick up the goods from the sender (“sender”) and deliver it to the addressee (“addressee”) in accordance with the arrangements agreed with the requester. The requester may be the sender, the addressee or a third party.

The general or special terms and conditions of the driver or another party than Parcify in no way apply and will always be rejected. This also applies if the conditions of the driver or another party are explicitly rejected.

The services of Parcify are limited to making available a software platform or a mobile application (the “Platform”) to enable a requester to find a driver for the delivery of goods. The contract of carriage is entered into directly between the requester and the driver when a driver accepts the requester’s request to carry goods from the sender to the addressee. This acceptance occurs through the Platform.

Parcify is entitled to suspend, end or change the provision of its services and/or the related tariffs at any moment and without prior notice, on the understanding that such a decision is immediately applicable by operation of law and has no impact on the conditions of the services for which Parcify has already been contracted.

These General Terms and Conditions may be amended by Parcify at any time. The driver will be notified of the amendments and the date on which the amendments enter into force by means of such technology as Parcify deems suitable. This could be email or a popup while using the Platform.

The Platform can only be used to arrange for the carriage and delivery of goods in Belgium by land.

Art. 2 Use of the Platform

In order to use the Platform, the driver must:

  • register and provide a name, mobile phone number, email address and bank account number and
  • explicitly accept these General Terms and Conditions and the privacy statement

Parcify reserves all intellectual property rights to all Platform content and functions. Parcify grants the driver a limited, non-exclusive, non-transferable licence to use the Platform in accordance with these General Terms and Conditions subject to payment of a commission to Parcify.

Parcify may block access to Parcify temporarily or permanently at any time without prior notification if the driver:

  • uses the Platform in a way that is not in keeping with these General Terms and Conditions, the code of conduct or applicable regulations or in a way that damages the integrity of third parties or Parcify’s reputation,
  • misuses the Platform,
  • refuses to pay the commission owed to Parcify for the use of the Platform,
  • does not have the minimum rating,
  • provides incomplete or inaccurate information when registering on the Platform or
  • fails to notify Parcify of changes to the details the driver provided when registering.

Art. 3 Goods whose carriage is prohibited

The Platform must never be used to arrange the carriage of dangerous goods (as laid down in the regulations applicable to the carriage of dangerous products, including ADR, CMR and the IMDG Code) and other goods for which a permit is required.

Among other things, arranging the carriage of the following through the Platform is prohibited:

  • Drugs, narcotics and psychotropic substances;
  • Objects, documents or substances in general whose import, export, production, circulation, distribution, use, possession, sale or carriage are prohibited by law;
  • Objects that due to their shape, nature or packaging could constitute a danger to people, or that may damage or soil the equipment of the driver or goods of third parties (including parcels)
  • Chemical products, explosive, flammable or radioactive substances, infectious substances, carbon dioxide in solid form (dry ice) or other dangerous substances that could constitute a danger.
  • Perishable organic substances and/or infectious substances, live animals, parasites or animal products;
  • Objects bearing statements on their exterior that are contrary to public order or against common decency;
  • Weapons, essential weapon parts and ammunition, replica weapons, knives, swords, daggers and similar;
  • Pressurized gases, poisonous or corrosive substances, fuels and organic peroxides;

Carriage of the following may be arranged but cannot be insured through the Platform:

  • Foodstuffs and tobacco products or other products liable to excise duty
  • Any other sharp or cutting object
  • Vegetable products
  • Bearer securities, coins, banknotes, jewels (except for imitation jewellery with a value of less than EUR 500,00 per parcel, insofar as they do not contain gold, silver or gems) objets d’art and collectibles or other valuable materials, including fur, and generally all goods with a value in excess of EUR 500,00.

If the driver does carry such goods, he or she does so on his or her own responsibility and he or she will indemnify Parcify and third parties against all damage and consequences for the goods due to non-compliance with these General Terms and Conditions and the applicable regulations even if the driver has notified Parcify of the nature of the goods. Parcify cannot accept any liability for the nature of the goods and their carriage and delivery. The driver hereby acknowledges and accepts this exclusion of responsibility.

Art. 4 Inspection – Refusal or suspension of services

The driver agrees that any public service, including the customs service, may open the packing of the goods at any time to inspect the goods.

The driver must refuse to carry all goods that do not correspond to the description provided by the requester on the Platform and that do not comply with the General Terms and Conditions and return them to the sender where applicable.

Art. 5 Parcify’s obligations

Parcify’s obligations are limited to bringing the requester and driver into contact with each other for the sending of goods in accordance with these General Terms and Conditions and the laws in force.

Parcify does not guarantee that:

  • a request to carry goods will be available to the driver or that a certain minimum income can be obtained,
  • the goods presented by the sender comply with these General Terms and Conditions and the applicable laws,
  • the sender will be present at the pick-up,
  • the addressee will be present to take delivery of the goods.

Parcify will do its utmost to bring a requester and a driver into contact with each other. However, the driver’s services are not provided on the instruction of Parcify but rather are agreed directly between the requester and the driver through the Platform. Consequently, Parcify is not responsible for the sender’s or the addressee’s appearance and conduct. The driver should be on his or her guard, as with all social media.

Art. 6 Driver’s obligations and responsibilities

The driver must register on the Platform, providing all required details truthfully and accurately, and immediately notify Parcify of all changes to these details by email at support@parcify.be or directly through the Platform (insofar as this is possible).

The driver guarantees that he or she:

  • is a natural person aged at least 18 years and legitimately residing in Belgium or it is a legal entity that has been formed in accordance with the law;
  • holds the appropriate permits and permissions when the service is provided to carry goods, including but not limited to a valid driving licence, valid car insurance and the required carriage licences where applicable; has not lost the right to drive; in the event of a company car, has permission to use this car for these purposes;
  • will provide the carriage services to the best of his or her ability and with due care and always in compliance with the laws in force on goods carriage and the traffic regulations;
  • will follow the guidelines set down by the Platform with regard to pick-up and delivery, such as taking a photograph of the goods using the Platform;
  • will handle the goods with due care and store them if any delay is agreed between pick-up and delivery;
  • will immediately contact the requester if the pick-up and/or delivery cannot be made at the agreed time and find a solution for this with the requester;
  • will not use the Platform for passenger traffic. This also means that the driver is not permitted to carry the requester or the sender with the goods; and
  • will fulfil his or her tax and social security obligations and declare his or her income obtained through the Platform in accordance with the applicable tax and social security laws.

The driver will indemnify Parcify, the requester and third parties against any liability ensuing from inconsistencies between the driver’s declarations and reality and shall compensate all losses or costs incurred, including legal costs.

Parcify is entitled to submit a summary of the services provided by the driver and the remuneration received to the involved authorities, including the tax authorities, without prior permission.

Art. 7 Tariffs and payment conditions

The driver will be paid by the requester through an intermediary, ADYEN BV, Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, P.O. Box 10095, 1001 EB AMSTERDAM, Netherlands (Adyen) (“Adyen”). The general terms and conditions of Adyen are an integral part of these General Terms and Conditions. The driver will pay Parcify a commission for the use of the Platform. Adyen will automatically deduct this commission from the amount that the requester pays to the driver and pass it on to Parcify. The amount of the commission is determined when the requester registers its request on the Platform.

All tariffs for the services provided under this agreement are in euros and where applicable inclusive of VAT and any other taxes and charges. If the carriage is subject to the 2016 […] Law with regard to the share economy, in accordance with this law Parcify will deduct the tax owed directly at source and pay it to the Federal Public Service of Finance on behalf of the driver.

The tariffs and the percentage or the amount of the commission may be adapted at any time. The only valid tariff for a given assignment is the one agreed between the requester and the driver and established through the Platform.

Parcify will only issue an invoice to the driver for the commission payable for using the Platform if the driver notifies Parcify that it is acting in a professional capacity and has provided all necessary information to this end.

The driver is exclusively responsible for issuing an invoice to the requester for the carriage assignment itself. Parcify cannot issue any invoice for this.

Art. 8 Indemnification in the event of loss, detriment and damage

An insurance that covers damage to and/or loss of the goods is included for every shipment that is ordered via Parcify.

The maximum insurance liability of the insurer is limited to EUR 500 (five hundred euros) per parcel. The general terms and conditions of the insurance are available here and are an integral part of these General Terms and Conditions.

Goods that are part of the same request will be deemed to be one (1) parcel for the purposes of the insurance.

Parcify does not accept any declarations of the requester or of other persons on the value of the contents of the goods. No statement of value on any document will be deemed to be a statement of value.

In the event of damage to and/or loss of the goods, the value of the goods must be proven by an invoice.

In the event of damage to and/or loss of the goods in an amount exceeding the EUR 500 (five hundred euros) insurance coverage and/or in case of damage caused by the goods, the requester and the sender will settle this among themselves.

For questions related to refunds you can contact the Parcify helpdesk via support@parcify.be or via the phone number that is mentioned in the app and on the landing page.

Art. 9 Limitation of liability

The liability of Parcify is limited to finding a driver or notifying the requester within a reasonable term that no driver can be found.

Parcify is never liable for damage to, loss of or damage caused by the goods. Parcify can never be held liable for indirect damage, including but not limited to loss of profit (such as loss of turnover, profit, customers or data) supposedly ensuing from a contractual and/or extra-contractual failing of Parcify and/or its employees and/or its subcontractors. Notwithstanding a provision to the contrary, Parcify’s liability is always limited to EUR 500 (five hundred euros) per carriage.

Art. 10 Electronic processing of the details

The driver accepts the use of electronic means of communication. In that regard, he or she renounces the possibility of applying Art. 1323 et seq. of the Civil Code on evidential value, namely the dispute of the signature and writing.

Art. 11 Rating

The requester will be able to rate the driver and the driver will be able to rate the requester. This rating may be published on the Platform. The driver acknowledges and accepts that this rating may be made public and that Parcify can temporarily or permanently deny a driver with an inadequate rating access to the Platform. Parcify does not check these ratings and cannot be held responsible for the content of these ratings. Nevertheless, Parcify reserves the right to conduct such checks and to remove ratings that do not comply with the code of conduct.

Complaints about ratings can be submitted to [support@parcify.be].

Art. 12 Processing of personal details

The personal details of the requester, the sender and the addressee (or their members of staff) that he or she gives to Parcify are used by Parcify with a view to the provision of the services referred to in these General Terms and Conditions and the commercial promotion of the products and services provided and/or distributed by Parcify and by companies associated to Parcify within the meaning of Article 11 of the Companies Code of Belgium. Unless the requester, the sender or the addressee (or his or her involved members of staff) oppose this, these details may be shared with the associated companies for those purposes.

If the requester, the sender or the addressee (or his or her involved members of staff) does not wish his or her personal details to be used and/or shared for those purposes, he or she may notify Parcify of this at any time. The requester, the sender and the addressee are also entitled to inspect and rectify its personal details. He or she can exercise these rights by sending a signed and dated written request to bpost (Parcify), Muntcentrum, 3de verdieping, 1000 Brussel.

The privacy statement is an integral part of these General Terms and Conditions.

We do not use cookies in the app, but we do store data locally on the device.

 

Art. 13 Other provisions

Any nullification of one or more clauses of this agreement or of parts of this agreement or clauses does not entail the nullification of the entire agreement but only of the part in question.

Without prejudice to the right of Parcify to force a subcontractor to fulfil its undertakings, the parties may not transfer the rights and obligations ensuing from this agreement to third parties without prior written permission from the other party. However, Parcify may transfer the agreement to one or more of its associated companies at any time.

The courts of Brussels have exclusive jurisdiction over disputes about or relating to this agreement for which no amicable settlement can be reached.

This agreement is exclusively governed by Belgian law.

Subject to the provisions of Article 11 of these General Terms and Conditions, the parties undertake to keep the confidential and commercial information that comes to their knowledge as part of the performance of this agreement completely confidential with regard to third parties. However, this does not apply to the information whose disclosure is required by virtue of a law, regulation or court decision.

General Terms and Conditions of Parcify – Requester

Date of entry into force: 11 February 2018

Art. 1 Scope, acceptance and amendment

These general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) come into force on the date stated above and apply to all services provided by bpost NV under the name of [Parcify] (hereinafter “Parcify”), regardless of their nature.

Use of the services of Parcify entails the requester’s acceptance of the General Terms and Conditions without reservation.

In these General Terms and Conditions, the “requester” means any natural person or legal entity using Parcify to find a driver to pick up a good or goods (“goods”) from a natural person or a legal entity (“sender”) and deliver these goods to a natural person or legal entity (“addressee”). The requester may be the sender, the addressee or a third party. The “driver” is any natural person or legal entity that agrees to carry the goods from the sender to the addressee on the request of a requester using Parcify.

The general or special terms and conditions of the requester or another party than Parcify in no way apply and will always be rejected. This also applies if the conditions of the driver or another party are explicitly rejected.

The services of Parcify are limited to making available a software platform or a mobile application (the “Platform”) to enable a requester to find a driver for the delivery of goods. The contract of carriage is entered into directly between the requester and the driver when a driver accepts the requester’s request to carry goods from the sender to the addressee. This acceptance occurs through the Platform.

Parcify is entitled to suspend, end or change the provision of its services and/or the related tariffs at any moment and without prior notice, on the understanding that such a decision is immediately applicable by operation of law and has no impact on the conditions of the services for which Parcify has already been contracted.

These General Terms and Conditions may be amended by Parcify at any time. The requester will be notified of the amendments and the date on which the amendments enter into force by means of such technology as Parcify deems suitable. This could be email or a popup while using the Platform.

The Platform can only be used to arrange for the carriage and delivery of goods in Belgium by land.

Art. 2 Use of the Platform

In order to use the Platform, the requester must:

  • register and provide a mobile phone number and an email address and
  • explicitly accept these General Terms and Conditions and the privacy statement.

Parcify reserves all intellectual property rights to all Platform content and functions. Parcify grants the requester a limited, non-exclusive, non-transferable license to use the Platform in accordance with these General Terms and Conditions.

Parcify may block access to Parcify temporarily or permanently at any time without prior notification if the requester:

  • uses the Platform in a way that is not in keeping with these General Terms and Conditions, the code of conduct or applicable regulations or in a way that damages the integrity of third parties or Parcify’s reputation,
  • misuses the Platform,
  • does not have the minimum rating,
  • provides incomplete or inaccurate information when registering on the Platform or
  • fails to notify Parcify of changes to the details the requester provided when registering.

Art. 3 Goods whose carriage is prohibited

The Platform must never be used to arrange the carriage of dangerous goods (as laid down in the regulations applicable to the carriage of dangerous products, including ADR, CMR and the IMDG Code) and other goods for which a permit is required.

Among other things, arranging the carriage of the following through the Platform is prohibited:

  • Drugs, narcotics and psychotropic substances;
  • Objects, documents or substances in general whose import, export, production, circulation, distribution, use, possession, sale or carriage are prohibited by law;
  • Objects that due to their shape, nature or packaging could constitute a danger to people, or that may damage or soil the equipment of the driver or goods of third parties (including parcels)
  • Chemical products, explosive, flammable or radioactive substances, infectious substances, carbon dioxide in solid form (dry ice) or other dangerous substances that could constitute a danger.
  • Perishable organic substances and/or infectious substances, live animals, parasites or animal products;
  • Objects bearing statements on their exterior that are contrary to public order or against common decency;
  • Weapons, essential weapon parts and ammunition, replica weapons, knives, swords, daggers and similar;
  • Pressurized gases, poisonous or corrosive substances, fuels and organic peroxides;

Carriage of the following may be arranged but cannot be insured through the Platform:

  • Foodstuffs and tobacco products or other products liable to excise duty
  • Any other sharp or cutting object
  • Vegetable products
  • Bearer securities, coins, banknotes, jewels (except for imitation jewelry with a value of less than EUR 500,00 per parcel, insofar as they do not contain gold, silver or gems) art objects and collectibles or other valuable materials, including fur, and generally all goods with a value in excess of EUR 500,00.

The requester is liable for all consequences and all losses incurred by Parcify, the driver or third parties due to non-compliance with these General Terms and Conditions and the applicable regulations even if the requester has notified Parcify and/or the driver of the nature of the goods. Parcify cannot accept any liability for the nature of the goods and their carriage and delivery. The requester hereby acknowledges and accepts this exclusion of responsibility.

Art. 4 Inspection – Refusal or suspension of services and related costs

The requester agrees that the driver and any public service, including the customs service, may open the packing of the goods at any time to inspect the goods.

The fact that the driver accepts the goods does not mean that the driver acknowledges that the parcel fulfils all conditions of carriage.

The driver is entitled to refuse the drop-off or pick-up of goods and/or to suspend the carriage of these goods or to return the goods to the sender if he or she feels the goods are prohibited or dangerous or if the other terms and conditions are not fulfilled and/or the description provided by the requester through the Platform does not correspond to the goods to be carried.

The requester is liable towards the driver if the refusal or suspension gives rise to costs or any liability of the driver. The requester will indemnify Parcify against any claim for compensation by the driver or third parties.

Art. 5 Parcify’s obligations

Parcify’s obligations are limited to bringing the requester and driver into contact with each other for the sending of goods in accordance with these General Terms and Conditions and the laws in force.

Parcify does not guarantee that:

  • a driver will be found,
  • the driver is competent,
  • the goods will be delivered (on time) or
  • the addressee will be present to take delivery of the goods.

Parcify will do its utmost to find a driver. However, the driver’s services are not provided on the instruction of Parcify but rather are agreed directly between the requester and the driver through the Platform. The driver provides the services on an independent basis, not as an employee or contractor of Parcify or a bpost company. Consequently, Parcify is not responsible for the driver’s appearance and conduct. Requester, sender and addressee should be on their guard, as with all social media.

Art. 6 Requester’s obligations and responsibilities

The requester must register on the Platform, providing all required details truthfully and accurately, and immediately notify Parcify of all changes to these details by email at support@Parcify.be or directly through the Platform (insofar as this is possible).

The requester guarantees that:

  • he or she is a natural person aged at least 18 years and legitimately residing in Belgium or it is a legal entity that has been formed in accordance with the law;
  • he or she acts as a natural person outside his or her occupation or on behalf of a natural person acting outside his or her occupation
  • the goods correspond to the description given to the driver through the Platform.
  • the goods comply with these General Terms and Conditions, in particular article 3;
  • he or she takes all reasonable precautions to avoid any damage
  • the goods will be presented to the driver at the time and place stated on the Platform;
  • the addressee will take receipt of the goods at the time and place stated on the Platform;
  • he or she will not use the Platform for passenger traffic. This also means that the driver is not permitted to carry the requester or the sender with the goods; and
  • the payment will be made as stated on the Platform.

The requester will indemnify Parcify and third parties against any liability ensuing from inconsistencies between the sender’s declarations above and reality or the non-fulfilment of these General Terms and Conditions and/or the applicable laws, and will compensate all losses or costs incurred, including legal costs.

The requester is responsible for all damage caused by or by means of the goods entrusted to the driver to the goods themselves and to other goods, the surroundings and persons, both as a consequence of the nature of the goods and of their packing.

Art. 7 Tariffs and payment conditions

The requester will pay the tariff agreed through the Platform to the driver through ADYEN BV, Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, P.O. Box 10095, 1001 EB AMSTERDAM, Netherlands (Adyen). This tariff includes the commission that the driver will pay Parcify for the use of the Platform. The general terms and conditions of are an integral part of these General Terms and Conditions.

All tariffs for the services provided under this agreement are in euros and where applicable inclusive of VAT and any other taxes and charges.

The tariffs may be adapted at any time. The only valid tariff for a given carriage is the one agreed between the requester and the driver through the Platform.

Given that the contract of carriage is entered into directly by the requester and the driver, Parcify will not issue any invoices to the requester.

The requester provides his or her payment details no later than the first carriage request. The requester explicitly consents to the Platform checking whether the appropriate credit is available in the account and, if so, immediately reserving this credit when the carriage request is confirmed. The credit will be debited from the account when the carriage is completed. If the appropriate credit is not available, the carriage request cannot be accepted.

If the requester cancels a carriage request after it has been accepted by the driver, the requester will have to pay the full amount to the driver.

Art. 8 Indemnification in the event of loss, detriment and damage

An insurance that covers damage to and/or loss of the goods is included for every shipment that is ordered via Parcify.

The maximum insurance liability of the insurer is limited to EUR 500 (five hundred euros) per parcel. The general terms and conditions of the insurance are available here and are an integral part of these General Terms and Conditions.

Goods that are part of the same request will be deemed to be one (1) parcel for the purposes of the insurance.

Parcify does not accept any declarations of the requester or of other persons on the value of the contents of the goods. No statement of value on any document will be deemed to be a statement of value.

In the event of damage to and/or loss of the goods, the value of the goods must be proven by an invoice.

In the event of damage to and/or loss of the goods in an amount exceeding the EUR 500 (five hundred euros) insurance coverage and/or in case of damage caused by the goods, the requester and the sender will settle this among themselves.

For questions related to refunds you can contact the Parcify helpdesk via support@Parcify.be or via the phone number that is mentioned in the app and on the landing page.

Art. 9 Limitation of liability

The liability of Parcify is limited to finding a driver or notifying the requester within a reasonable term that no driver can be found.

Parcify is never liable for damage to, loss of or damage caused by the goods. Parcify can never be held liable for indirect damage, including but not limited to loss of profit (such as loss of turnover, profit, customers or data) supposedly ensuing from a contractual and/or extra-contractual failing of Parcify and/or its employees and/or its subcontractors. Notwithstanding a provision to the contrary, Parcify’s liability is always limited to EUR 500 (five hundred euros) per carriage.

Art. 10 Electronic processing of the details

The requester accepts the use of electronic means of communication. In that regard, it renounces the possibility of applying Art. 1323 et seq. of the Civil Code on evidential value, namely the dispute of the signature and writing.

Art. 11 Rating

The driver will be able to rate the requester and the requester will be able to rate the driver. This rating may be published on the Platform. The requester acknowledges and accepts that this rating may be made public and that Parcify can temporarily or permanently deny a requester with an inadequate rating access to the Platform. Parcify does not check these ratings and cannot be held responsible for the content of these ratings. Nevertheless, Parcify reserves the right to conduct such checks and to remove ratings that do not comply with the code of conduct.

Complaints about ratings can be submitted to [support@Parcify.be].

Art. 12 Processing of personal details

The personal details of the requester, the sender and the addressee (or their members of staff) that he or she gives to Parcify are used by Parcify with a view to the provision of the services referred to in these General Terms and Conditions and the commercial promotion of the products and services provided and/or distributed by Parcify and by companies associated to Parcify within the meaning of Article 11 of the Companies Code of Belgium. Unless the requester, the sender or the addressee (or his or her involved members of staff) oppose this, these details may be shared with the associated companies for those purposes.

If the requester, the sender or the addressee (or his or her involved members of staff) does not wish his or her personal details to be used and/or shared for those purposes, he or she may notify Parcify of this at any time. The requester, the sender and the addressee are also entitled to inspect and rectify its personal details. He or she can exercise these rights by sending a signed and dated written request to bpost (Parcify), Muntcentrum, 3de verdieping, 1000 Brussel.

The privacy statement is an integral part of these General Terms and Conditions.

Art. 13 Other provisions

Any nullification of one or more clauses of this agreement or of parts of this agreement or clauses does not entail the nullification of the entire agreement but only of the part in question.

Without prejudice to the right of Parcify to force a subcontractor to fulfil its undertakings, the parties may not transfer the rights and obligations ensuing from this agreement to third parties without prior written permission from the other party. However, Parcify may transfer the agreement to one or more of its associated companies at any time.

The courts of Brussels have exclusive jurisdiction over disputes about or relating to this agreement for which no amicable settlement can be reached.

This agreement is exclusively governed by Belgian law.

Subject to the provisions of Article 11 of these General Terms and Conditions, the parties undertake to keep the confidential and commercial information that comes to their knowledge as part of the performance of this agreement completely confidential with regard to third parties. However, this does not apply to the information whose disclosure is required by virtue of a law, regulation or court decision.