Parcarma.com, hereinafter referred to as ‘Parcarma’ or ‘We’ set out the following terms and conditions upon which Parcarma offers registered users (collectively referred to as ‘Users’) and herein referred to as ‘Users’ ‘You’ and ‘Your’ a licence to use www.Parcarma.com (the ‘Site’) including its matchmaking Services.
1.1. Parcarma is an online matching platform that allows registered users to place, as Requester, requests to take or bring item(s) or parcels to/from point A to/from point B and, as Offeror, to place offers to take or bring item(s) or parcels to/from point A to/from point B. Requests and offers can be placed within trusted communities. The services provided by Parcarma may include, but are not limited to, the provision of an online platform from where the matchmaking services can be accessed.
1.2. You should read the Agreement carefully and ensure that You understand the effect before proceeding to use the Site. If You disagree with any part of these Service Terms, do not use the Site. If You violate the licence granted to You by way of this Agreement, Parcarma may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.
1.3. It is Your responsibility to ensure that any limitations of liability and any other conditions that apply to this Agreement are fully understood before You use Parcarma.
1.4. Parcarma reserves the right to update and change the Terms and Conditions at any time. You can review the most current version of the Terms and Conditions at: https://www.Parcarma.com/
1.5. The failure of Parcarma to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
1.6. You agree that Parcarma owns all legal rights in the Service. You must not remove, modify or obscure any legal notices. You are not entitled to use Parcarma’s trademarks, trade names, brands, domain names, or other distinctive brand features.
1.7 If a provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: (i) the validity or enforceability in that jurisdiction of any other provision of this agreement; or (ii) the validity or enforceability in other jurisdictions of that or any other provision of this agreement.
1.8 These Terms and Conditions, and Your relationship with Parcarma under these Terms and Conditions, shall be governed by the laws of Germany.
2. Provision of Services by Parcarma
2.1 Your use of the Services is at Your sole risk. The Services are provided on an “as is” and “as available” basis.
2.2 Parcarma does not warrant that (i) the Services will meet Your requirements or expectations, (ii) the Services will be delivered uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) any errors in the Services will be corrected.
2.3 Parcarma matches requests and offers for taking and bringing an item or parcel to/from point A to/from point B. For this purpose, Parcarma only communicates the names of the matching Requester and Offeror but not their contact details. All further arrangements relating to fulfilling a request are Your responsibility.
2.4 You understand and agree that Parcarma shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute goods or Services, or other intangible loss, resulting from: (i) the use or the inability to use the Services; (ii) any changes which Parcarma may make to the Services, or any permanent or temporary cessation in the provision of the Services; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the use of the Services; (v) or any other matter relating to the Services.
2.5 Technical support is provided on a best-effort basis and only by e-mail.
2.6 You understand that Parcarma can use third parties (e.g., hosting partners) to provide the necessary resources (e.g., hardware, software, networking, storage, etc.) to run the Services.
2.7 Parcarma may stop, remove, modify, or add (permanently or temporarily) services (or features within services) at Parcarma’s sole discretion. Any new, changed, or removed features are subject to the Terms and Conditions. Continued use of the Services after any such changes constitute Your consent to the changes.
2.8 Parcarma currently charges no fees for the use of its Services. Prices of all Services provided are subject to change.
2.9 Parcarma is not liable to You or to any third party for any price change.
3. Use of Services by You
3.1. You agree to use the Services only for purposes that are permitted by (i) the Terms and Conditions and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
3.2. You agree in particular to respect any applicable law, regulation or generally accepted practices or guidelines governing the transportation of items and parcels. This includes, but is not limited to, customs and tax legislation applicable for the respective countries You are travelling to and from.
3.3. You are not allowed to place requests or offers to take or bring any Prohibited or Dangerous Item(s) as defined by current legislation and transportation rules.
3.4. Matching Requester and Offeror are responsible for arranging all further details and arrangements for fulfilling a request or offer, for which Parcarma takes no responsibility.
3.5. It is Your responsibility to inform Yourself about the applicable laws and regulations before placing a request or offer via Parcarma. Parcarma is not liable to You or to any third party for the violation of national or international laws, rules or regulations resulting from Your negligence of verifying the applicable laws, rules or regulations.
3.6. For certain services, Parcarma may offer or require You to register for a user-account. You ensure that all registration information You provide will always be valid, correct, and up to date. You are responsible for maintaining the security of Your user-account and password. User-accounts registered by bots or other automated methods are not permitted.
3.7. You agree that You will not impersonate another person.
3.8. You agree that You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3.9. You agree that You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose without the express written permission by Parcarma.
3.10. You agree that You are solely responsible for (and that Parcrama has no responsibility to You or to any third party for) any breach of Your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Parcarma may suffer) of any such breach.
3.12. You agree not to upload any Inappropriate Content to the Parcarma Site.
3.13. Parcarma reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content or user-account from any of the Services at Parcarma’s sole discretion. You understand that by using the Services You may be exposed to content that You may find offensive, indecent or objectionable and that, in this respect, You use the Services at Your own risk.
In these Terms and Conditions (except where the context otherwise requires) the following words shall have the following meanings:
Inappropriate Content: means any material of any nature which is or which contains material which: (a) is in contravention of any law, statute, regulation, directive and/or subordinate legislation; and/or (b) is defamatory, libellous, obscene, unlawful or which would, if published, be in contempt of court; and/or (c) material which infringes the Intellectual Property Rights of a third party; and/or (d) is a Virus.
Intellectual Property Rights: database rights, patents, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Item(s): means any item which is not a Prohibited Item, e.g. the goods in the Parcel to be brought or taken along
Legislation: all applicable laws, Acts of Parliament and Treaties and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such an Act or Treaty or otherwise having the force of law relating to the transportation, importation or exportation of goods and personal items as well as to the services requested and offered by users via Parcarma.
Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
Offeror: refers to a Parcarma user placing an offer to bring or take item(s) or parcels to/from point A to/from point B.
Parcel: means any Item or Items that is packaged. This includes but is not limited to an envelope, suitcase or any type of box used for transporting items.
Personal Data: as defined in the Data Protection Legislation.
Parcarma (or ‘We’ or ‘Us’ or ‘Our’ or ‘Ourselves’): means Parcarma.com
Prohibited Item(s): refers to those items which cannot be brought or taken using the Parcarma Services including those items defined as dangerous or hazardous by regulatory bodies governing transport by road, rail, sea or air in any legislation, regulations or guidelines which are unlawful to be carried.
Requester: refers to a Parcarma user placing a request to take or bring an item or parcel to/from point A to/from point B
Services: means any type of service offered via the Parcarma Platform.
Site: means a website owned and operated by Parcarma including www.Parcarma.com
Trusted Community: A trusted community is only accessible to members of the same community. Parcarma contains two types of trusted communities: 1) business community, which is accessible for users sharing the same Email suffix (for example Your_name@Your-enterprise.com) to allow staff of the same company or organisation to place delivery requests and offers; 2) friends community, which can be initiated by any registered user in order invite friends and family members; friends communities are only accessible to registered members of the same community.
User(s): means a registered Parcarma user
April 4, 2017