The CityCarrier does not provide logistics or courier services, and the CityCarrier is not a logistics carrier. It is up to the third party courier or logistics provider, courier or vehicle operator (collectively, the “Service Providers”) to offer courier services which may be scheduled through use of the Platform or Service. The CityCarrier offers information and a method to obtain such third party courier services, but does not and does not intend to provide courier services or act in any way as a courier, and has no responsibility or liability for any courier.
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE CITYCARRIER SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN PLEASE DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE CITYCARRIER SERVICES. USERS WHO VIOLATE THESE TERMS MAY HAVE THEIR ACCESS AND USE OF THE CITYCARRIER SERVICES SUSPENDED OR TERMINATED, AT THE APPLICABLE SERVICE PROVIDER’S DISCRETION.
As used in these Terms, the following terms have the following meanings (such meaning to be equally applicable to both the singular and plural form of the terms defined):
The Service Provider whom User of the Services is contracting depends on the domicile of the User of the Services. Service Provider determines the domicile of the User of the Services based on the country indicated in the billing address of the User.
3.2. These Use of Terms is considered to be concluded as soon as whichever of the following occurs first: a) the person has received the confirmation of the creation of the Account and necessary credentials from the CityCarrier in order to log in to his/her/its Account; b) CityCarrier is not obliged to conclude this Use of Term and creation of Account with any person and may refuse to do so at its sole discretion. Notwithstanding the foregoing, the Applicable Service Provider has the right to decline the conclusion of an Agreement, if it has reason to believe that the person: a) is a current or potential competitor of either Service Provider; or b) must be denied Access or use of the CityCarrier Services according to applicable law.
4.1. If User has designated a certain number of Users to its Account and granted them Authorization, it is presumed that such Users have the right of representation or other authorization to act on behalf of the User when using the Account. The CityCarrier is not obliged to check or verify the right of representation or validity of Authorization of any User, but the Service Provider may ask for additional information or proof of the person’s right of representation and authorization.
4.2. A User may be associated with multiple Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.
4.3. The User associated with the Account must provide the Applicable Service Provider with true, accurate, current, and complete information about the User or Account and keep it up to date.
4.4. The Applicable Service Provider shall provide the Client with the following credentials in order to log in to its Account: (1) username and (2) password. These login credentials must not be used by multiple persons. If the User has designated several persons to use its Account, each User is provided with separate credentials. The CityCarrier is responsible for keeping confidential all login credentials associated with the Account, so that they would not become known or available to any third persons for unauthorized uses.
4.5. The User must promptly notify the CityCarrier: a) of any disclosure, loss or unauthorized use of the login credentials; b) if (i) a person using the Platform on behalf of the User has left theUser’s organization, (ii) the role of the person using the Platform on behalf of the User in the User’s organization has changed or (iii) if there are other reasons due to which a User does not have the right to use the Account.
5.1. The use of Account is subject to a Fee. Upon sign-up for the Account, a suitable Plan must be selected in order to set the rate of the Fee. The rate of the Fee is different for each Plan.
5.2. The Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between Parties.
5.3. All Fees are non-refundable, i.e. there are no refunds or credits available for periods where the User did not use an activated Account, used it only partially, replaced the current Plan with a new Plan or deactivated the Account.
5.5. Any User has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by theCityCarrier. In such an event, theUser’s credit card on file with the CityCarrierwill automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.
5.6. Downgrading of the current Plan may cause the loss of features or capacity of the Account.
5.7. Each new User is entitled to a Free Trial, unless the User has applied for the Account as a result of an ongoing marketing campaign organized by the CityCarrier and/or in co-operation with its partners. If the Parties have not agreed otherwise, the default Plan for the Free Trial shall be the Plan with the lowest rate of Fee. The User is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the User is required to select a suitable Plan and pay the first Fee. If the User does not pay the first Fee within two (2) weeks as of the expiry of the Free Trial, the CityCarrier have the right to permanently delete the Account, including all Client Data therein.
5.8. In addition to the current collection of Plans, the CityCarriermay offer special discounts and motivation schemes (for example finder’s fees etc).
6.2. Before the end of each payment interval, User is issued an electronic invoice for payment of the Fee of the next payment interval. User must pay the invoice by the due date indicated on the invoice.
6.3. Upon delay with any payments, the CityCarrier may require the User to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. The interest rate of penalty for late payment due to the CityCarrier, shall be the interest rate specified in § 113 of the Law of Obligations Act of Estonia. Upon calculation of the penalty for late payment, one year shall be deemed to contain 365 calendar days.
7.2. All rights, title and interest in and to the User’s Data belong to the User or third persons (including Users, Persons and Organizations).
7.4. User retain all the User ownership rights in the User’s Data, whether posted and/or uploaded by the User or made available on or through the CityCarrier Services by the CityCarrier. The CityCarrier do not guarantee any accuracy or confidentiality with respect to any information contained in any User’s Data, and strongly recommend that User think carefully about what User transmit, submit or post to or through the CityCarrier Services. User understand that all information contained in User Data is the sole responsibility the User or of the person from whom such User’s Data originated. This means thatUser, and not the CityCarrier, are entirely responsible for all User Data that User upload, post, transmit, or otherwise make available through the CityCarrier, as well as for any actions taken by the CityCarrier or other Users as a result of such Client Data.
7.5. CityCarrier does not make any representations that it will publish or make any User Data available on or through the CityCarrier, and reserves the right (but has no obligation), in its sole discretion, to refuse to allow any User Data on the Platform, or to edit or remove any User’s Data at any time with or without notice.
7.7. If CityCarrier is presented convincing evidence that the User’s Data is not unlawful, CityCarrier may, at its sole discretion, restore such User’s Data, which was removed from the Web Site or Account or access to which was restricted.
7.8. Downgrading of the current Plan may cause the loss of User’s Data.
8.1. By using the Services in the Platform of CityCarrier, the User of the Services can: a) collect, store and organize User’s Data, such as add new persons and organizations, create tasks, and monitor their evolvement through the dashboard; add new Users and grant them Authorizations; b) modify and delete User’s Data; c) customize the standard features of the Services; d) receive reasonable help and guidance from the in the Platform regarding the use of the Services.
8.2. The in the Platform may specify rules for the use of the CityCarrier Services or any part or element thereof, which shall be considered an inseparable part of these Terms.
8.3. The CityCarrier shall provide reasonable technical support to Users at the reasonable request of the User. The CityCarrier shall respond to enquiries of support from a User utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of Users without an Account may be less expedient, or may not occur at all. The contacts for all enquiries of support are: a) e-mail: firstname.lastname@example.org; b) instant messaging and voice over internet protocol on Skype: CityCarrier c) built-in notification application on the Web Page.
9.2. The User must ask for the CityCarrier’s or Service Provider’s prior express consent at least in a format which can be reproduced in writing (e-mail, fax, Skype etc), if he/she/it wishes to: a) sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant Access or make the Services available in whole or in part to any third persons; b) use the Services or any part or element thereof in a scope, with means or for purposes other than those, which their functionality was created for; c) use the Services or any part or element thereof by means of programmes, which send them automatic enquiries or requests, unless such programme has been made available by the CityCarrier; d) create interfaces between the Services or any part or element thereof from one side and any third party systems from the other side, unless the User creates such interface for its own systems.
11.2. All Content (except User’s Data) is owned or controlled by the CityCarrier, its affiliates or its licensors, and is protected by copyright and other intellectual property laws. Subject to the foregoing, the CityCarrier authorizes User to download a single copy of any part of the Content solely for User’s personal, non-commercial use if User retain all copyright and proprietary notices that are contained in such part of the Content. User is expressly acknowledge that User do not acquire any ownership rights by downloading any copyrighted material from or through the Platform. User shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the CityCarrier Platform or as otherwise permitted by applicable law.
11.3. User retain all User ownership rights in original aspects of its User’s Data. By submitting User’s Data to the CityCarrier through the CityCarrierPlafrom, User hereby grant the CityCarrier and their affiliates, sublicensees, partners, designees, and assignees of the CityCarrier a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit User’s personal User’s Data and derivatives thereof for any purpose whatsoever in connection with the CityCarrier Platfrorm and the CityCarriers (and its successors’) business, including, without limitation, for providing User with the Services you have chosen consistent with the intended features of the Services available in the CityCarrier’s Platform and for marketing, promoting, and/or redistributing part or all of Services (and derivative works thereof) in any media formats and through any websites, social media networks or media channels now known or hereafter discovered or developed.
11.5. If you provide CityCarrier with any comments, bug reports, feedback, or modifications proposed or suggested by you for the CityCarrier Platform (herein “Feedback”), the CityCarrier shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the CityCarrierPlatform. You hereby grant the CityCarrier a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
The CityCarrier Platform may include links to other websites or services (“Linked Sites”) solely as a convenience to Users. The CityCarrier do not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, the CityCarrier make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
13.1. The CityCarrier reserve the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes from time to time on the Platform or otherwise making them available to Users on or through the CityCarrier Services. Please check these Terms and Guidelines periodically for changes. User continued use of the CityCarrier Services after such changes have been published on or through the Platform constitutes User’s binding acceptance of such changes. For any material modifications to the Terms or in the event that such modifications materially alter User’s rights or obligations hereunder, such amended Terms will automatically be effective upon the earlier of (i) User’s continued use of the CityCarrier Services with actual knowledge of such modifications, or (ii) thirty (30) days from publication of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between User and a CityCarrier will be governed by the Terms of Service in effect at the time such dispute arose.
13.2. The original language of these Terms is English. The City Carrier may make available the translations of these Terms in certain other languages at its sole discretion. In case of conflicts between the original English version and the translations into other languages, the English version shall prevail.
13.5. When using the CityCarrier Services, User will be subject to Guidelines. All such Guidelines are hereby incorporated by reference into these Terms.
14.1. UNLESS OTHERWISE EXPRESSLY STATED BY THE CITYCARRIER, THE CITYCARRIER PLATFORM AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CITYCARRIER PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CITYCARRIERAND THEIR AFFILLIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
14.2. UNLESS OTHERWISE EXPRESSLY STATED BY THE CITYCARRIER, THE CITYCARRIER AND THEIR AFFILIATES DO NOT WARRANT THAT THE CITYCARRIER PLATFORM AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CITYCARRIER PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CITYCARRIER PLATFROM AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CITYCARRIER PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14.3. UNLESS OTHERWISE EXPRESSLY STATED BY THE CITYCARRIER, THE CITYCARRIER AND THEIR AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE SERVICES AVAILABLE THROUGH THE PLATFORM, OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
You agree to indemnify and hold harmless the Citycarrier and their affiliates from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the CityCarrierPlatform, representations made to the Users and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. The Citycarrier reserve the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Citycarrier, and you agree to cooperate with such defense of these claims.
16.1. The Citycarrieris constantly innovating and improving the CityCarrierPlatform.
16.2. The Citycarrier reserves the right to modify the CityCarrier Platform or any part or element thereof from time to time without prior notice. For avoidance of doubt, Citycarrier may: a) rebrand the CityCarrier Platform at its sole discretion; b) stop providing or discontinue to develop any particular Services available on the Platform or part or element of the Platform temporarily or permanently; c) take such action as is necessary to preserve the good name of Citycarrierat its sole discretion upon any use of the CityCarrier Platform that may be reasonably interpreted as violation of Citycarrier’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses and other destructive activities or illegal activity.
16.3. The Service Providers reserve the right to modify certain parts or elements of the CityCarrier Platform from time to time by notifying the User beforehand. The notification of the modifications is displayed on the Web Site when logging in to the Account. The prior notification period for modifying the Plans and the rates of Fees contained therein, shall be thirty (30) days before the effective date of such modification.
16.5. Citycarrier shall not be liable to the User or to any third person for any modification, suspension or discontinuance of the CityCarrier Platform, or any part or element thereof.
18.4. Notwithstanding the foregoing, the Citycarriermay also apply any other remedies available to it under the applicable law.
18.5. Upon application of any remedies, the User may lose Access or suffer a loss of certain features, functions, parts or elements of the CityCarrier Platform.
18.6. If the Citycarrier has reasonable grounds to believe that the User’s use of the CityCarrier Platform, including the Account may harm any third persons, the Citycarrierhas the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons. However, the Citycarrierdoes not have any obligation to undertake any measures and have no obligation for not taking such measures or for the results of such measures.
19.5. THESE LIMITATIONS OF LIABILITY AND DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY THE USER BY REASON OF ANY SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN THE CITYCARRIERAND RECEIVED THROUGH THE PLATFORM OR RECEIVED THROUGH ANY LINKED SITES.
19.6. YOU ACKNOWLEDGE AND AGREE THAT THE CITYCARRIERHAVE OFFERED THE CITYCARRIERPLATFORM, SET THE PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE SERVICE PROVIDERS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE USERS AND THE CITYCARRIER. THE CITYCARRIERWOULD NOT BE ABLE TO PROVIDE THE CITYCARRIER PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
21.2. Severability. If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.