VanOnGo GENERAL TERMS AND CONDITIONS
Hereby General Terms and Conditions (hereinafter referred to as the “Terms”) determine your use of the VanOnGo Service, the payment procedure, the procedure for receiving and providing services by users of the Service, and other important information, so please read them before using the VanOnGo Service.
Access to the VanOnGo Service is provided via the VanOnGo mobile apps (hereinafter – “mobile app”) and website https://vanongo.com/, as well as other URLs (collectively referred to as the “Application”(App) owned by VanOnGo Eastern Europe OÜ, registered at the address: Harju maakond, Maardu linn, Kallasmaa tn 15-50, 74111, Estonia, registration number 14783810 and/or its affiliates (“VanOnGo” or “we”).
We reserve the right to change the Terms and Conditions. We will notify you of the new Terms and Conditions version. Continuing to use our Service is a confirmation of your full understanding and acceptance of the new Terms and Conditions version.
Below you will find the following sections: GLOSSARY, LICENSE and COPYRIGHT, ACCESS and REGISTRATION, ORDER PROCEDURE AND PROVISION OF SERVICES BY USERS, PAYMENT, LEGAL DISCLAIMERS, LIMITATION OF LIABILITY, INDEMNITY GUARANTEE, APPLICABLE LAW, ARBITRATION, GENERAL PROVISIONS
VanOnGo Service is a technology platform that allows registered users of the App to order cargo carrier services and/or provide cargo transportation services to other user of the App.
The VanOnGo Service does not provide cargo transportation or insurance services. Cargo transportation and insurance services are provided by independent third-party contractors who are not employed in VanOnGo or its affiliates.
User is the Consignor or Carrier, as well as their employees and partners who have a registered account in the mobile app or on the site, and Drivers.
Consignor – an individual, legal entity or individual entrepreneur who has registered an account in the corresponding application and who orders a cargo transportation service.
Carrier – a legal entity or an individual entrepreneur who has registered his account in the relevant Application and intends to provide cargo transportation services.
Driver – an individual who has registered his account in the relevant VanOnGo Driver Application in order to get information about the Carrier interested in potentially attracting a Driver, and/or about the orders received by the Carrier that you can fulfill. The Driver can be an employee, partner, or Contractor of the carrier. The Driver does not load/unload the Consignor’s cargo.
Assistant – an individual, employee or partner of the Carrier who is in the Carrier’s vehicle with the Driver and the one who performs loading/unloading of the Consignor’s cargo, if the Consignor ordered such exact service in the application.
Consignee – an individual or legal entity specified by the Consignor to whom the Carrier must deliver the cargo.
Cargo is an inanimate object (s), the transportation of which is not prohibited by law and does not pose a threat to the environment or third parties.
Cargo transportation contract – a set of conditions stipulated by law, proposed by the Consignor through the order form, and accepted by the Carrier. The Cargo transportation contract creates rights and obligations for the Consignor and the Carrier. The Consignor and the Carrier through their mobile applications or via the Website conclude the contract at the time of mutual confirmation after loading the cargo into the Carrier’s vehicle and before Carrier departure.
LICENSE and COPYRIGHT
Comply with the Terms and Conditions, VanOnGo grants you a limited, non-exclusive, revocable, registered license that is not subject to sublicensing on:
(i) accessing and using the apps on your personal device solely for the purpose of using the Service (ii) using and accessing any content, information, and related materials through the provision of services solely for your personal, non-commercial use. VanOnGo and its licensors reserve any rights not expressly granted herein.
You have no rights to: (i) delete any copyright, trademark, or other proprietary notices in any part of the Service; (ii) reproduce, modify, prepare derivative works based on the Service, distribute, transfer rights to use the services, rent, sell, resell, transmit, publish, publicly perform, transmit, broadcast, or otherwise use the Service, unless VanOnGo has provided you with a permission to do so; (iii) decompile, reverse engineer, or dismantle the Service, except as required by applicable law; (iv) link to any part of the Service, mirror any part of the Service, or frame any part of the Service; (v) execute or run any programs or scripts for the purpose of clearing, indexing, reviewing, or otherwise collecting data from any part of the Service, or unlawfully obstruct, block, or restrict the performance and / or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to the Service or disrupt any aspect of the Service or related systems or networks.
You acknowledge that access to different parts of the Service may be provided under different VanOnGo brands. You also acknowledge that the Service or part thereof, is available under such brands can be: (i) certain subsidiaries or affiliates of the VanOnGo company; or (ii) an independent third party-suppliers, in particular by Drivers of transport companies, owners of permits for charter or similar transport permits, the owners of permits or licenses.
The Service and all rights set forth in this document are and remain the property of VanOnGo or its licensors. Neither these Terms and Conditions nor your use of the Service transfer or grant you any rights: (i) to the Service or related rights other than the limited license granted above; and (ii) to use or link to the brand name, logo, product or Service names, trademarks or Service marks of VanOnGo or its licensors.
ACCESS and REGISTRATION
You may get access the VanOnGo Service after registration of your account in the corresponding App. If you are an individual, you may not transfer access to your account to third parties. If you are an individual entrepreneur or legal entity, you can transfer access to your account to your employees or partners.
Registration is allowed if you are over 18.
In the process of creating and further working with your account, you must provide accurate, truthful and up-to-date information about yourself, namely:
• natural person: Full name, email address, phone number, Bank card number, as well as other information established by the relevant Regulations;
• individual entrepreneurs and legal entities: name, registration number, payment card/Bank account details, email address, as well as other information established by the relevant Regulations.
When creating an account, you confirm that you have accepted and agreed to these Terms and Conditions, including all inatruments they refer to.
You confirm that you will not use your account for any illegal activities.
In case if we have reasonable grounds to believe that your data is incorrect, your account is being used for illegal purposes or by a third party, the Bank card you provided does not belong to you and/or you otherwise violate the Terms and Conditions, we have the right to deny you the right of using the VanOnGo Service.
In case if you have evidence that your Bank card or Bank details specified in your account have been stolen and/or used fraudulently by a third party, you must inform the VanOnGo Service. We are not responsible for any fraudulent use of the Bank card or Bank details by third parties in the User’s account. If you believe that a third party has obtained unauthorized access to your account, please contact us at email@example.com.
By creating an account, you agree to receive pop-up notifications (Notifications), which is an integral part of the process of using the Service.
ORDER PROCEDURE AND USERS PROVISION OF SERVICES
For the CONSIGNOR:
If you would like to order a shipping service, you should have an account in the Consignor’s app https://dashboard.vanongo.com/. In this case, you are the Consignor and the Consignor’s rights and obligations apply to you as described below.
The Consignor must confirm the fact of delivery of the cargo to the Carrier through the form of this order in the Consignor’s application after loading the cargo into the Carrier’s vehicle and before its departure. If the Consignor has not confirmed the shipment of the cargo, such cargo must be unloaded, and the Consignor will be charged a fixed amount for the vehicle provision.
The Consignor creates a shipping order through his account. By creating a request, the Consignor confirms that he has all legal rights to move such cargo.
The Consignor is prohibited from ordering the movement of flammable, explosive, narcotic substances, as well as weapons.
The Consignor must specify the details of the cargo consignee: address, full name/name, phone number.
The Consignor can specify the delivery time. If the Consignor does not specify this period, it will be offered by the VanOnGo Service based on the estimated time for the route from the Consignor to the Consignee. The Consignor is obliged to take all reasonable measures so that the Consignee specified by him can receive it on the day of cargo delivery.
The Consignor must specify the one who will load the cargo into the Carrier’s vehicle and ship it to the Consignee.
The Consignor is obliged to prepare the cargo for transportation, taking into account the need to ensure its transportability and safety during transportation. In case if the legislation provides for special documents (certificates) for cargo transportation, the Consignor is obliged to handle such documents to the Carrier together with the cargo. If the Consignor has not marked the cargo, the Carrier is not responsible for its damage or loss. The Consignor may request from the Carrier materials for packing the cargo, if the Carrier has any.
The Consignor has the right to specify the number of Driver’s assistants required for loading and/or unloading the cargo.
The Consignor must pay for the Carrier’s services.
The Consignor must contact the Consignee after receiving the Carrier’s notification of the cargo arrival at the Consignee’s address. After receiving the Consignee’s confirmation of the cargo receipt and its integrity, the Consignor must confirm receipt of the Carrier’s services through the order form in his Application.
The Consignor has the right to refuse the transport provided by the Carrier if it is not adapted for the carriage of cargo.
The Consignor has the right to receive his cargo back before its departure. In this case, the Consignor will be charged a fixed amount for the vehicle provision.
The Consignor has the Right to make changes to the Cargo transportation contract in the “Consignee’s data” section before it is delivered to the Consignee.
The Consignor is responsible for the cargo until it is fully loaded into the Carrier’s vehicle.
For the CARRIER
If you would like to provide a paid cargo transportation service, you need to have an account in the Carrier’s App https://dashboard.vanongo.com/. In this case, you are the Carrier and the rights and obligations of the Carrier apply to you as described below.
The VanOnGo Service provides the Carrier with information about Consignors’ orders. The Carrier has the right to accept the order of any Consignor if it meets requirements for the transportation service described in the order.
In case if the Carrier has accepted the Consignor’s order, he must provide the appropriate vehicle for loading the cargo at the address and within the time specified in the Consignor’s order.
In case if in the Consignor’s order specified that the Carrier’s Driver / Driver’s assistants are responsible for loading the cargo, then the Carrier is required to perform the loading.
The Carrier has the right to refuse accepting the cargo if it is served in a container or packaging that, at the discretion of the Carrier’s Driver, does not allow the cargo to be delivered without damage or without marking.
After loading the cargo into the Carrier’s vehicle and before its departure, the Carrier must confirm the fact of the cargo handed over by the Consignor through the form of this order in the Carrier’s application. If the Carrier did not confirm the cargo loading and left, such cargo is considered stolen, and the Carrier will be subject to measures provided for by law.
The Carrier is obliged to deliver the cargo within the time established in the contract with the Consignor of the cargo. The Carrier must notify the Consignee of the cargo arrival at the Consignee’s address.
The Carrier must notify the Consignor of the cargo arrival at the Consignee’s address. After receiving the Consignor’s confirmation of accepting the transportation services, the Carrier can close the order form. In case if the Carrier has not received the Consignor’s notification confirming the acceptance of transportation services, the Carrier has the right not to transfer the cargo to the Consignee.
The Carrier is liable for the cargo since the moment it is fully loaded into the vehicle until it is delivered to the Consignee (or until the shipment starts, if the Consignee makes the shipment) in the amount of actual damage, unless he proves that the damage/loss of the cargo was not due to his fault.
In case if the Consignee has not accepted / refused to accept the cargo, or the Consignor has not notified the Carrier of accepting the transportation services, the Carrier has the right to keep the cargo for storage at the expense and risk of the Consignor, while notifying the Consignor about this via the mobile app or a Website. Cargo not received within a month after the Carrier notifies the Consignee is considered unclaimed and is subject to sale in accordance with the procedure established by law.
You acknowledge that using the Service may result in an obligation to pay for the services you receive from the Carrier (“Fees”). After the Consignor receives transportation services through using the Service, we will help you pay the appropriate Fees, acting on behalf of the Carrier as his agent for receiving payment with limited authority. Payment of Fees in this way is identical to the payment made by you directly in favor of the Carrier and the Insurance company. If required by law, the Fees will include applicable taxes. The fee you paid cannot be refunded or compensated, unless it is provided for in these Terms. You have the right to request from the Carrier a reduction in the Fee amount for transportation services received by you from such Carrier. VanOnGo will respond accordingly to any request from the Carrier to change the amount of the Fee for transportation services he provides.
All Fees are subject to immediate payment; however, payment is made through Stripe Inc. using the primary payment method selected in your account, or in cash. After making the payment, we will send you a document confirming the payment by email and/or to your account in our Service. In case if your primary payment method specified in your account turns out to be expired, invalid, or unusable for any other reason, you agree that VanOnGo, as an agent with limited authority to receive payment for the Carrier, may use the additional payment method specified in your account (if provided).
The Stripe Inc. payment structure is designed to provide non-cash payment to the Carrier and Insurance company for services rendered in full. Having received cargo transportation services through using the Service, you will be able to rate them and leave additional feedback about your Carrier.
As between you and us, we reserve the right at any time, in our sole discretion, to determine, remove and/or change the amount of the Fee for providing any services obtained through the use of the Service. In addition, you acknowledge and agree that Fees applicable in certain geographical areas may increase significantly during periods of high demand or due to weather conditions, or the quality of the road surface. We will use reasonable efforts to inform you of any possible obligations to pay Fees, provided that you will be responsible for paying Fees in your account regardless of your being acknowledged of the existence of such Fees or the amounts to be paid. We may from time to time provide certain users with special offers and discounts that may reduce the amount of Fees charged for the same or similar services obtained through using the Service. However, you agree that such special offers and discounts that you have not received do not affect your using the Service or the payment of applicable Fees. You can cancel the ordered Carrier services at any time before the cargo is delivered to the Consignee, but you may be charged for canceling the order. In case if the cargo you sent was not accepted by the Consignee for reasons beyond the Carrier’s control, the Carrier has the right to charge you an additional fee for storing the cargo or delivering it back.
DISCLAIMERS. LIMITATION OF LIABILITY. INDEMNITY GUARANTEE
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO STATEMENTS OR WARRANTIES ABOUT THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF SERVICES THAT ARE ORDERED THROUGH USING THE SERVICE, OR THAT THE SERVICES WILL BE PROVIDED UNINTERRUPTED or TROUBLE-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR CAPABILITIES OF THE CARRIERS. ONLY YOU ARE RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH YOUR USING THE SERVICE AND THE SERVICES ORDERED THROUGH IT, TO THE MAXIMUM EXTENT PROVIDED FOR BY APPLICABLE LAW.
LIMITATION OF LIABILITY.
WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, ACTUAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO SERVICES OR OTHERWISE CAUSED BY THE USE OF THE SERVICE, EVEN IF VanOnGo HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, LIABILITIES, OR LOSSES RESULTING FROM: (I) USING THE SERVICE, PERFORMING ACTIONS FOR THE PURPOSE OF RECEIVING THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; AND (II) ANY AGREEMENT BETWEEN YOU AND ANY CARRIER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR DELAYS IN THE PROVISION OF SERVICES OR LACK OF ACCESS TO THE SERVICE FOR REASONS BEYOND OUR REASONABLE CONTROL. YOU AGREE THAT THE CARRIERS MAY CARRY OUT JOINT DELIVERY. UNDER NO CIRCUMSTANCES WILL VanOnGo’s TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICE PROVIDED EXCEED 500 (FIVE HUNDRED) EURO FOR ALL DAMAGES, EXPENSES AND CLAIMS.
YOU CAN USE THE SERVICE TO ORDER CARRIER SERVICES AND PLAN TRANSPORTATION, AND PROVIDE TRANSPORTATION SERVICES, BUT YOU AGREE THAT VanOnGo HAS NO OBLIGATIONS TO YOU AND IS NOT RESPONSIBLE FOR TRANSPORTATION AND CARRIERS, EXCEPT AS PROVIDED IN THESE TERMS. LIMITATIONS AND LEGAL DISCLAIMER IN THIS SECTION DOES NOT PROVIDE FOR THE RESTRICTION OR MODIFICATION OF YOUR RIGHTS AS A CONSUMER, WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and exempt VanOnGo and its officers, directors, employees, and agents harmless from any claims, demands, losses, liabilities, and expenses (including legal expenses) arising out of or in connection with: (i) your using the Service or the services obtained through your using the Service; (ii) your violation of any provision of these Terms and Conditions; (iii) our use of your User content; or (iv) your violation of the rights of any third party, in particular the rights of Carriers/ Consignors / Insurance companies.
APPLICABLE LAW. ARBITRATION
The relationship between VanOnGo and the User is governed by and construed comply with these Terms and Conditions. The General provisions are governed by and interpreted comply with laws of the Republic of Estonia. Regardless of the place of residence / location of the parties, any disputes between the parties are resolved in accordance with the legislation of the Republic of Estonia. If the parties do not come to an agreement on the disputed issues in the negotiation mode, the dispute arising out of or in connection with these Terms and Conditions, in particular, its interpretation, execution, violation, termination or invalidity, shall be referred for consideration and final decision to the Harju County Court.
You may not waive your rights under these Terms or transfer them in whole or in part without the prior written permission of VanOnGo. You grant your consent to VanOnGo to waive or transfer all or part of its rights under these Terms and Conditions, including: (i) to a subsidiary or an affiliate; (Ii) to a buyer of VanOnGo’s shares, business or assets; or (iii) to a successor arising from a merger. The relationship between you, VanOnGo and the users of the Service does not involve the creation of any joint venture, company, agency or employment relationship, despite the existence of this agreement between you and VanOnGo.
In case if any provision of these Terms and Conditions is found by law to be illegal, invalid, or completely (or partially) unenforceable, that provision or part of it will be deemed not to be part of these Terms and Conditions to the extent applicable, and the legality, validity, and enforceability of the remainder of these Terms and Conditions will not be violated. In this case, the parties will replace the illegal, invalid or unenforceable provision (part of it) with a legal, valid one (part of it) that is enforceable and has the most similar effect to the illegal, invalid provision (part of it) or the provision (part of it) without loss of validity, considering the content and purpose of these Terms and Conditions. These Terms and Conditions make the entire agreement of the parties as to their essence. In these Terms and Conditions, the words “including” and “inclusive” mean “in particular, without restrictions”.
VanOnGo GENERAL TERMS AND CONDITIONS becomes effective as of: 30.12.2019