Användaravtal
INTRODUCTION
Use of Sendify is subject to the terms and conditions outlined below. Please read these Terms of Service (the “Terms”) carefully before using the services provided through the website sendify.se, operated by Sendify AB (“we”, “us” or “our”), a company incorporated under the laws of Sweden. Your access to and use of our service(s) (the “Services”) is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use our Services.
By accessing or using the Services you agree to be bound by these Terms. The Terms set forth are legally binding for your use of our website. If you disagree with any part of the Terms, you may not access sendify.se or any of the Services. Questions related to these Terms shall be directed to legal@sendify.se.
1. DEFINITIONS AND INTERPRETATION
“User”, “you” or “your”means, in these Terms you or any other party using the Services.
“Services” means, in these Terms, the services provided via the website sendify.se.
“Content” means, in these Terms, the information that is uploaded, published or in any other way made available by you on the website
“Carrier” means, in these Terms, the party performing the carriage of goods.
“Customer”, means, in these Terms, the party entering into a transport agreement for the carriage of goods with Sendify
“Carriage”, means, in these Terms, the carriage performed by the Carrier
2. THE SCOPE OF THE SERVICES
The Services provided by us enables users to search for, compare and book carriage of goods. Based on your individual requirements, a comparison between available Carriers and modes of transport is made and presented to you. You thereafter choose a Carrier and mode of transport suitable to your requirements and place an order for Carriage with the selected Carrier. We are not the Carrier. Subject to section 8 below, the relationship between you and us regarding the Carriage is governed by the terms and conditions of the transport agreement between the chosen Carrier and us as agreed when placing the order.
The Services provided are intended for commercial use only. At the end of these Terms special provisions regarding the different types of usage are stipulated. Please read the Terms applicable for your purpose carefully.
Your access to and use of the Services may be interrupted as a result of malfunction, maintenance or updates of the Services. We will take reasonable commercial efforts to minimise any disruptions to the Service, but we make no warranty against nor take any responsibility for any defects, delay or unavailability in the Service.
3. AMENDMENTS OF THE TERMS
We may at any time and for any reason change or modify the Terms. Such change or modification shall be effective upon posting on our website. When using the Services after the new conditions have effectively been posted you agree to be bound by the new Terms. Accordingly, it is your responsibility to regularly review the Terms. All changes and modifications introduced to the Services will be subject to what is stipulated in these Terms.
4. CHANGES OF THE SERVICES
We reserve the right to at any time terminate, suspend, remove, change or modify the scope of the Services, including but not limited to, features and functionality. We will take reasonable efforts to keep the Services operational and fully functioning during changes described above.
5. CODE OF CONDUCT
You may use the Services for lawful purposes only. You agree that when using the Services you will not post, transmit or distribute any illegal material. You further agree that you will not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm the Services or other users.
If you are found to violate these Terms or any other provisions set up by us, we reserve the right to terminate or suspend your account.
6. INTELLECTUAL PROPERTY
The Services and its original content, features, functionality, and design elements are and will remain our and our licensors’ exclusive property. Our intellectual property may not be used in connection with any product or service without our prior written consent.
7. PAYMENT AND FEES
You acknowledge and accept that we are entitled to transfer the entitlement of payment, including payment related claims, to a third party.
8. LIMITATION OF LIABILITY
Our responsibility for the Carriage performed by the Carrier chosen by you through the Services, is limited to the terms and conditions of that Carrier accepted by you upon ordering a Carriage. Notwithstanding the foregoing and regardless of the terms of the Carrier, our responsibility shall in no event exceed the scope and limitations set out in Nordiska Speditörsförbundets Allmänna Bestämmelser 2015 (NSAB2015). The foregoing is our sole and exclusive responsibility for the Carriage.
The Services are provided “as is” without warranties of any kind, whether expressed or implied. We do not warrant that the Services will meet your requirements or expectations or that the use of the Services will be uninterrupted or free from errors at all time. We assume no responsibility for the content, privacy policies or practices provided by any third party or by any third party web sites that may be accessed through the Services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly to you for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content or service available on or through any such web sites or services.
We are in no event be liable for any indirect or consequential damages, including but not limited to, loss of production, loss of data, loss of business, loss of investment, loss of revenue or loss of goodwill.
We cannot be held liable for costs, losses or damage caused arising out of or caused by, directly or indirectly, forces beyond our control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, it being understood that we shall use reasonable efforts which are consistent with accepted practices to resume performance as soon as practicable under the circumstances.
9. CONFIDENTIALITY
We are not liable for any confidential information shared through the Services, provided that we have not been acting with gross negligence or intent.
10. DURATION AND TERMINATION
These Terms are considered to be in effect from the day you accept it, i.e. when you first access or use the Services. Upon termination your right to use the Services will immediately cease.
11. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidation or unenforceability so that these Terms otherwise remain in full force, effect and enforceable.
12. GOVERNING LAW
These Terms shall be construed in accordance with and governed by the laws of Sweden.
13. DISPUTES
Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be settled under the exclusive jurisdiction of The District Court of Gothenburg, Sweden as the first instance.
ADDITIONAL PROVISIONS FOR CUSTOMERS USING THE SERVICES FOR PERSONAL USE, IF WE WOULD DECIDE TO OFFER SUCH SERVICE (CURRENTLY NOT POSSIBLE)
14. RIGHT OF WITHDRAWAL
If you would use the Services for personal purposes you have a right of withdrawal, given that a message informing us about the withdrawal has been sent to us within fourteen (14) days from your Carriage order. You do not have to give any reason for the withdrawal. If you wish to use their right of withdrawal a standard form for the submission is to be found on the link below, which shall be emailed to support@sendify.se:
Withdrawal Standard Form
When the transport has commenced the Customer may no longer cancel the carriage. The carriage is deemed commenced when expenses related to the Carriage has emerged for the Carrier. When such costs emerge will vary, for express deliveries on a short notice such costs might emerge already upon your booking of the Carriage.
ADDITIONAL PROVISIONS FOR BUSINESS CUSTOMER (I.E. COMMERCIAL USE)
15. USER ACCOUNTS
You shall provide the current true and complete information requested upon registration. You are responsible for keeping such information updated and correct.
You agree that you will be entirely responsible for any and all access to your user account and that you acknowledge that you are liable for all actions and activities conducted under it. We take no responsibility for the validity of the information uploaded or otherwise made available under your user account. You agree to undertake full liability for claims arising out of the information provided and actions taken under your account.
We reserve the right to suspend or terminate your user account if activities that constitute or may constitute a violation of these Terms or of any applicable national or international laws, rules or regulations occur.
16. USER CONDUCT
You are solely responsible for all Content you post or otherwise submit during your use of the Services.
By way of an example, and not as a limitation, you agree to the following:
1. You shall not defame, abuse, harass, threaten or otherwise violate the legal rights of others or of any third party, including Sendify.
2. You shall not in any manner publish, post or- in any other way express- any topic, material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful.
3. You shall not take ay action that interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.