TERMS OF SERVICE
Last updated: December 15, 2023
"Terms of Service" are the terms and conditions that govern the use of the mobile application and services provided by YARD Delivery SIA. This document establishes the conditions under which the user can access the service, use its functions and services, and defines the rights, obligations and responsibilities of both ordinary users who send and receive parcels and couriers who make deliveries.
Courier: An individual who provides parcel delivery services and receives compensation for these services through the platform.
End User: An individual who utilizes the mobile application for arranging deliveries or receiving parcels.
Sender: An individual who arranges and sends a parcel through the mobile application for its delivery to a designated parcel locker.
Recipient: An individual who is expecting to receive a parcel and designates a parcel locker for parcel pickup through the mobile application.
Parcel: A term used to denote goods that are subject to delivery from the sender to the recipient through the mobile application.
1. Right to use the service:
- The user has the right to full utilization of the mobile application for convenient sending and receiving of parcels through the parcel locker network. This includes access to all functions and features provided by the application.
2. Confidentiality and Protection of Personal Data:
- Ensuring compliance with the highest standards of user personal information protection, particularly regarding the collection, storage, and processing of personal data in accordance with confidentiality and personal data protection legislation.
3. Right to Access the Service:
- The obligation to ensure continuous access for the user to the parcel sending and receiving service through the mobile application. This implies the readiness of the system to operate reliably and seamlessly, providing users with the ability to use the services at any convenient time.
4. Right to Quality Support and Consultation:
- Ensuring the ability to receive quality support and consultation regarding the use of the service. Our team is ready to provide prompt assistance in case of issues, questions, or the need for additional information on service usage.
1. Responsibility for the Accuracy of Information:
- The user is obligated to provide truthful, current, and complete information during registration and while using the service. This includes personal data and contact information necessary for the proper functioning of the service.
2. Adherence to Usage Rules:
3. Account Security:
- The user is responsible for maintaining the confidentiality of their account, including passwords and access information. It is necessary to ensure the security and restricted access to the personal account.
4. Code of Conduct
- Users are prohibited from engaging in any illegal activities through the service, including sending spam, spreading offensive information, or any actions that may harm other users or the service system.
Rights of Couriers:
1. Right to Access and Use the Platform:
- Couriers have the right to full access to the mobile application, allowing them to accept orders, perform deliveries, and receive payments according to their own schedule and terms.
2. Protection of Personal Data:
- Confidentiality and protection of courier's personal information, as well as their financial data and work-related information, are guaranteed. The company commits to adhering to all requirements and standards for the protection of personal data.
3. Right to Payments:
- Couriers are guaranteed to receive appropriate compensation for each completed delivery and have the ability to receive these payments through the platform, ensuring speed and convenience for the couriers.
1. Adherence to Service Rules:
2. Accuracy and Accountability:
- Providing delivery services with responsibility and timely transfer of parcels, ensuring the integrity of goods during transportation.
3. Politeness and Behavioral Standards:
- Prohibition of any form of unacceptable behavior, including offensive actions, aggression, or any illegal acts during the execution of deliveries.
4. Security and Adherence to Traffic Rules:
- The importance of security during delivery: adherence to traffic rules, ensuring the safe transportation of goods, and compliance with all safety requirements.
1. Acceptance of Terms:
2.Data Collection and Usage:
3. Access to and Correction of Data:
- Users have the right to request access to their personal data and make changes in case of incorrect or outdated information.
4. Data Protection and Preservation:
- Appropriate security measures are implemented to protect users' personal data from unauthorized access.
5. Data Retention after Deletion:
6. International Transfers:
7. Non-compliance with Terms:
These terms define the users' responsibility for using the YARD Delivery platform. Users agree to comply with the following requirements:
1. Truthful Information:
- Users are required to provide accurate, current, and truthful information during registration and while using the service.
2. Adherence to Rules:
3. Lawful Use:
- Users are responsible for complying with the law and using the platform within legal boundaries, avoiding unlawful actions, and protecting the rights of other users.
4. Confidentiality Protection:
- The responsibility for maintaining the confidentiality of the personal account and passwords, as well as securing access to the platform, lies with the user.
5. Personal Responsibility:
- Users are responsible for the outcomes of their actions on the platform, including sending parcels, receiving orders, and using the services.
6. Prohibition of Unacceptable Behavior:
- Responsibility for avoiding unacceptable actions, including sending spam, offensive messages, or violating behavior rules on the platform.
7. Purposeful Use of the Service:
- Users must use the service according to its intended purpose, avoiding misuse or using the platform for other purposes.
8. Protection of Other Users' Rights:
- The obligation to respect the rights and privacy of other platform users, avoid violating their rights, and causing harm.
1. Payment Terms:
- The use of the service involves payment for the services you receive from the YARD service (hereinafter referred to as "Payment"). After or during the provision of delivery services through our service, we will provide the opportunity to make payment for the respective services through the Stripe system.
2. Payment Provision:
- Payment for courier services is processed through the Stripe system and is reflected as a payment made by you directly to the courier. If required by law, the payment will include applicable taxes.
3. Refusal and Cancellation of Payment:
- The payment made by you is non-refundable and non-compensable, except in cases explicitly stated in these Terms. You have the right to refuse payment for ordered YARD services before their execution; however, a cancellation fee may be charged for such actions.
4. Payment Confirmation:Начало формы
- After making a payment, we will send you a payment confirmation to your personal account in our service.
5. Change in Payment Amount:
- We may determine, modify, or delete the payment amount for the provision of any courier services through our service. The payment may change depending on various factors, such as high demand or weather conditions.
6. Users' rights to Payment:
- You have the right to inquire about the possibility of reducing the payment amount for the services received, and YARD company will respond to such requests and may consider the possibility of changing the payment amount.
7. Payment via Stripe:
- Payment is processed through the Stripe Inc. system using the primary payment method specified in your account.
End users acting as senders or recipients should be aware that the payment for delivery services is associated with the terms of access to parcel locker compartments.
Payment for Delivery
1. If the payment for delivery is specified as the sender's responsibility, then the payment for the delivery service must be made before gaining the ability to open the sender's parcel locker compartment.
2. In the case where the cost of the delivery service is assigned to the recipient, payment for delivery must be made before gaining the ability to open the recipient's parcel locker compartment.
Withdrawal of earnings by a courier
1. Crediting and Withdrawing Funds:
- The courier is automatically credited for the delivery to a personal account in the app. This account can be viewed in the app.
- The courier can request a withdrawal of the earned funds from the account in the application to the bank details that he/she specified when registering the courier account.
- Please note that the withdrawal can only be made if the courier has an amount equal to or greater than the minimum set by the company.
2. Terms of Payment:
- The YARD company completes fund withdrawals within ASAP, typically one to two days, after receiving a withdrawal request from the courier's account in the application.
3. Penalizing the Courier:
- A courier may be fined in cases of parcel damage or failure to complete the delivery of a parcel assigned for delivery, resulting in non-delivery to the recipient.
- The fine amount will be deducted from the courier's account in the application.
1. Legal disclaimers:
- The services provided through our application are offered "as is" and "as available." We do not guarantee the accuracy, timeliness, quality, safety, or availability of services ordered through our service, or the uninterrupted provision of these services.
- We are not liable for direct, incidental, consequential, indirect damages, including loss of profit, loss of data, bodily injury, or material damage associated with the use of our service or any other method determined by the use of the service, even if we have been advised of the possibility of such damage.
- We are not responsible for delays in service provision or lack of access to the service due to reasons beyond our control. Our total liability to you for using our service does not exceed 20 euros for all losses, expenses, and claims.
This limitation does not affect your rights as a consumer that cannot be excluded under current legislation.
4. Compensation for Damages:
5. Applicable law:
Waiver of Class Actions
This Agreement requires that disputes between you and our company be resolved individually, not in the form of class or representative actions. You agree that the resolution of any disputes shall occur solely in your individual capacity.
This means the following:
1. Waiver of Participation in Class Actions:
- You agree not to participate in any form of class, collective, or representative actions.
2. Separation of judicial or arbitration proceedings:
- The parties agree that judicial or arbitration proceedings shall not consolidate claims of multiple persons into one proceeding.
3. Limited liability of solutions:
- The resolution of disputes in court pertains only to the individual bringing the claim and does not affect other disputes with other individuals.
This provision may only be amended by the written consent of all parties.
This requirement helps ensure that any disputes between you and the company will be resolved individually, rather than through class actions or representative actions.