TERMS AND CONDITIONS
“Shipmanzee” has developed a delivery-sharing platform accessible on a website at the address www.shipmanzee.com, designed to put drivers travelling to a given destination in contact with people willing to transport a package in the same direction, in order to enable them to share the Transport and therefore the associated costs.
By clicking “Login with Facebook” or “Register with an email address”, you recognise having read and accepted all these general conditions of use.
These Terms and Conditions (“T&C“) set forth the terms and conditions Shipmanzee (“Shipmanzee”) requires you to abide by if you want to use or receive any services supplied by Shipmanzee (collectively, “Services“), or download, install or use any associated application which purpose is to enable you to use the Services (collectively, “Applications“). The terms and conditions stated or referenced herein constitute a legal agreement between you and Shipmanzee. By using or receiving any Services, or downloading, installing or using any Applications, you hereby expressly acknowledge and agree to be bound by the terms and conditions contained herein, and any future amendments and additions to these T&C as published from time to time at www.shipmanzee.com or through our Services. Upon such using or receiving our Services or Applications you become a “Member” of Shipmanzee’s Platforms and Applications, whether as a “Driver” or a “Sender“, as further described to as such herein.
Shipmanzee reserves the right to modify the terms and conditions of these T&C or any of its policies relating to our Services or Applications at any time, effective upon posting of an updated version of the T&C on our website www.shipmanzee.com, the Services or Applications. You are responsible for regularly reviewing these places for any updates to the T&C. Continued use of our Services or Applications after any updates shall constitute your consent to such all changes to the T&C contained in such update.
SHIPMANZEE DOES NOT PROVIDE TRANSPORTATION SERVICES; WE ARE NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD PARTY DRIVER OR VEHICLE OPERATOR TO OFFER AND PROVIDE THE PICK-UP, CARRY AND DELIVERY SERVICES, WHICH MAY BE SCHEDULED THROUGH USE OF OUR APPLICATIONS OR SERVICES. SHIPMANZEE OFFERS INFORMATION AND A METHOD TO OBTAIN THE PICK-UP, CARRY AND DELIVERY SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER. SHIPMANZEE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY AND DELIVERY SERVICES PROVIDED TO YOU THROUGH OUR PLATFORMS OR SERVICES OR FOR ANY DRIVER OR SENDER NOT HAVING THE PROPER AUTHORITY TO ENTER INTO THE TRANSACTION.
1.1. Shipmanzee Prohibited Items
All Senders are prohibited from including in any Gig, and all Drivers are prohibited from knowingly accepting, picking-up, carrying or delivering any Gig containing the following items:
- Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount (see below)*
- Common fireworks;
- Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons;
- Any “Hazardous Material” (see below)** not including those Hazardous Materials in small or excepted quantities
- Any Hazardous Waste, defined as a solid waste that meets any of the criteria of the hazardous waste
- Any animal (1) not included on the “Shipmanzee Accepted Live Animal List”, including without limitation those on the “Shipmanzee Prohibited Animal List”; or (2) not packaged in accordance with the applicable rules below, or (3) that is sick, injured or aggressive to people or other animals;
- Any prescription or over the counter medicine that has not been paid for and is being delivered to a person other than the purchaser or the prescription holder;
- Anything illegal including, without limitation, recreational drugs and other contraband;
- Marijuana, including marijuana intended for medicinal use;
- Coins, currency, postage stamps, negotiable instruments, money orders;
- Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals; or
- Cremated remains, human remains, fetal remains, human body parts, or components thereof.
* Airline Baggage Deliveries
Gigs originating from airports may contain firearms, weapons, firearm parts, weapon parts, or ammunition that were checked in airline baggage complying with all regulations for the transport on airplanes of the same. Drivers are not prohibited from delivering such Gigs. In all Gigs containing firearms, weapons, firearm parts, weapon parts, or ammunition the Driver should check to ensure that the firearms, weapons, firearm parts, weapon parts, or ammunition are contained in a locked container and the container should be placed in the trunk of the vehicle for the duration of the Gig.
** Hazardous Materials
All Users must be aware that these T&C, and both the Shipmanzee Driver’s Agreement and the Shipmanzee Sender’s Agreement forbid the transportation of hazardous materials (“HAZMAT”). A major problem for most folks is recognizing HAZMAT that may include common household items such as alcohol, or seemingly benign items like dry ice (solid carbon dioxide or CO₂).
Among the reasons for these regulations are the protection, safety and security of vehicles, vessels, aircraft and railways. Because HAZMAT is dangerous, it must be properly packaged, labeled, marked, identified and certified; it must include in the shipping papers emergency response information to assist crash, fire and rescue personnel in the event of an accident or incident; there must be provided an emergency contact telephone number in the shipping papers that must satisfy legal requirements; and there are a myriad of other things people offering for transport or transporting HAZMAT must satisfy to avoid paying massive fines.
SHIPMANZEE HAS AND TAKES NO RESPONSIBILITY TO EITHER DRIVERS OR SENDERS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY GIG OR THE TRANSPORT OF ANY PROHIBITED ITEMS IN ANY GIG
It is every Driver’s and Sender’s duty and obligation to know and comply with all applicable federal and state laws relating to the pick-up and delivery locations of any Gig and all items contained in a Gig, including without limitation those laws prohibiting the transportation or shipment of certain items (including Hazardous Materials and contraband), restricting the amounts of certain items that can be shipped, and age restrictions. Shipmanzee has no liability or responsibility if a Driver or Sender fails to comply with these T&C or all applicable laws with respect to the inclusion or acceptance of any items contained in a Gig or during the performance of the Gig.
Any Driver discovering a Shipmanzee Prohibited Item in a Gig shall immediately notify Shipmanzee at firstname.lastname@example.org for further direction. Shipmanzee is not responsible for the contents or loss of any Shipmanzee Prohibited Item. Shipmanzee reserves the right to dispose of any Shipmanzee Prohibited Item in its sole discretion and reserves all rights to instruct its Drivers on how to dispose of the any Shipmanzee Prohibited Item, including delivery to the proper authorities.
Shipmanzee Special Items
The following items may be included in a Gig only if a Sender fully discloses each such item to the Driver and the Driver specifically agrees to accept each such item, prior to the Driver accepting such Gig:
- Heavy haul, oversize or overweight items (including, item(s) collectively weighing 100kg. or over);
- Prescription drugs and medicines (excluding medical marijuana); must be delivered to the prescription holder;
- Checks, Phone Cards, Tickets, Credit Cards, Gift Cards, and Similar Cards;
- Media, i.e. documents, film, photographs (including negatives), slides, transparencies, videotapes, compact discs, laser discs, computer tapes, and media of similar nature;
- Perishable items;
- Live Animals listed in the “Shipmanzee Accepted Live Animal List” and packaged in accordance with the applicable rules; and
- Heirlooms, one-of-a-kind and like items.
Shipmanzee Accepted Live Animals
This is a comprehensive list of live animals that may be accepted for a Gig. Senders are prohibited from sending any animal not listed here, and all other live animals may not be sent. The following live animals may be accepted by a Driver unless poisonous, venomous, threatened, endangered and/or listed on the Shipmanzee Prohibited Animals list below.
- Dogs, puppies, cats, kittens, guinea pigs, hamsters, mice, rabbits, rats, squirrels and flying squirrels, if a household pet and if not excluded in the Prohibited Animal List
- Amphibians (All): Examples: frogs, salamanders, toads, provided, they are non-poisonous
- Crustaceans (All): Examples: crabs, crawfish, lobsters, shrimp
- Fish (All)
- Insects (limited to beneficial insects only): Examples: bees, butterflies, crickets, lady bugs
- Mollusks (All): Examples: clams, mussels, snails
- Lizards: Examples: such as chameleons, geckos, iguanas, monitors, flying dragons
- Turtles (Limited to the following): freshwater turtles (except snapping turtles), land tortoises, sea turtles
- Worms (All)
Shipmanzee Prohibited Animals
Live Animals that are prohibited from being sent and may not be accepted for a Gig include, but are not limited to:
- Any poisonous, venomous or threatening animal
- Arachnids (All): Examples: mites, scorpions, spiders, ticks
- Birds (All)
- Crocodiles (All): Examples: alligators, caimans, gavials
- Obnoxious Insects: Examples: flies, locusts, mosquitoes, roaches, termites, weevils
- Snakes (All): venomous and non-venomous
- Any live animal that is an Endangered Species
Packaging and Open Box Policy
Shipmanzee encourages the use of minimal packaging both to help our environment and so our Drivers know what they are taking along on their ride. When packaging is required or desired, Shipmanzee supports and strongly encourages its Drivers and Senders to always use an Open Box Policy.
Shipmanzee’s Open Box Policy means Senders should always leave packaging open so that a Driver may inspect the contents before leaving with the Gig. If a Sender doesn’t leave the packaging open, a Driver always has the right to require a Sender to open packaging to inspect items before leaving with the Gig.
DON’T CARRY A PACKAGED ITEM UNLESS YOU KNOW WHAT IS INSIDE!
It is a Driver’s responsibility to know the contents of all items in the Gig being carried. Shipmanzee isn’t there when you accept the Gig and we can’t confirm that the items are the same as pictured in our App/Platform – only you can. All of our Drivers are strongly encouraged to visually inspect all items packaged in a Gig before leaving. A Driver is NEVER under an obligation to take or bring anything that hasn’t been inspected and can always cancel the Gig without penalty if the Sender does not allow you to inspect or gives you a hard time about asking to inspect.
Even if you inspect a Gig, IF YOU STILL FEEL UNCOMFORTABLE CARRYING IT, you can cancel without penalty.
No Driver should ever feel obligated to carry any Gig. It is a Driver’s right to say no!
In this document,
“Shipmanzee” has the meaning given to it in Article 1 above;
“Gig” is the performance of pick-up, carrying and delivery services by a Driver, the time period in which these services are performed by a Driver, as well as the item(s) of personal property and goods being picked-up, carried and/or delivered by a Driver
“Sender” individuals and/or businesses that want to contract with someone to pick-up carry and/or deliver personal property and goods
“Driver” individuals and/or businesses seeking to perform the pick-up, carrying and delivery services requested by a Sender
“T&Cs” means these Terms and Conditions;
“Account” means the account that must be created in order to become a Member and access certain services offered by the Platform;
“Facebook Account” has the meaning given to it in Article 3.2 below;
“Booking Confirmation” has the meaning given to it in Article 4.2.1 below;
“Member Content” has the meaning given to it in Article 11.2 below
“Service Fee” has the meaning given to it in Article 5.2 below;
“Member” means any individual having created an Account on the Platform;
“Cost Contribution” means, for a given Transport, the sum of money requested by the Drive and accepted by the Sender for his contribution to the transportation costs;
“Space” means the space booked by a Sender in the Driver’s vehicle;
“Platform” has the meaning given to it in Article 1 above;
“Booking” has the meaning given to it in Article 4.2.1. below;
“Services” means all services delivered by Shipmanzee via the Platform;
“Website” means the website accessible at the address www.shipmanzee.com;
“Leg” has the meaning given to it in Article 4.1 below;
“Transport” means the journey subject of a Gig published by a Driver on the Platform, and for which he agrees to transport Sender’s shipment in exchange for the Cost Contribution;
3. Registration on the Platform and creation of an Account
3.1. Conditions of registration on the Platform
The Platform may be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
3.2. Creation of an Account
The Platform enables Members to post and view Adverts and to interact with each other to book a Transport. You can view the Adverts if you are not registered on the Platform. However, you cannot post an Advert or book a Transport without having first created an Account and become a Member.
To create your Account, you can:
- (i) either complete all mandatory fields on the registration form;
When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying Shipmanzee, in order to guarantee its relevance and accuracy throughout your contractual relations with Shipmanzee.
In the case of registration by email, you agree to keep secret the password chosen upon creating your Account and not to communicate it to anybody. If you lose or disclose your password, you undertake to inform Shipmanzee immediately. You alone are responsible for the use of your Account by third parties, unless you have expressly notified Shipmanzee of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.
Shipmanzee may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
You recognise and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. Shipmanzee cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
4. Use of the Services
4.1. Posting Adverts
As Member, and providing you fulfil the conditions below, you can create and post Adverts on the Platform by entering information about the Trip you intend to make (dates/times and collection points and arrival, number of seats offered, options available, amount of the Cost Contribution, etc.).
When posting your Advert, you can indicate the milestone cities in which you agree to stop, to pick up or drop off Shipments. The sections of the Transport between these milestone cities or between one of these milestone towns and the collection point or destination of the Transport constitute “Legs”.
You are only authorised to post an Advert if you fulfil all the following conditions:
- (i) you hold a valid driving licence;
- (ii) you only offer Adverts for vehicles you own or use with the express permission of the owner, and in all cases that you are authorised to use for the purposes of carpooling;
- (iii) you are and remain the main driver of the vehicle subject of the Advert;
- (iv) the vehicle has valid third party insurance;
- (v) you have no contraindication or medical incapacity for driving;
- (vi) the vehicle you intend to use for the Transport is a in line with your driving license certification
- (vii) you do not intend posting another advert for the same Transport on the Platform;
- (viii) you do not offer more Space than the space allowed for your car
You recognise that you are solely responsible for the content of the Advert you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Advert, and you undertake to fulfil the Trip under the conditions described in your Advert.
Providing your Advert complies with the T&Cs, it will be posted on the Platform and therefore visible to Members and all visitors, even non-members, conducting a search on the Platform or on the website of Shipmanzee partners. Shipmanzee reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any Advert that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Services.
You recognise and accept that the criteria taken into account in the classification and the order of display of your Advert among the other Adverts are at the sole discretion of Shipmanzee.
4.2. Booking a Space
The methods of booking of a Space depend on the nature of the Transport envisaged. For some Transports, Shipmanzee has set up an online booking system.
4.2.1. Transport with Booking
Shipmanzee has set up a system for booking Space online (“Booking”) for some Transports offered on the Platform (“Trips with Booking”).
Eligibility of a Trip for the Booking system remains at the sole discretion of Shipmanzee, which reserves the right to modify these conditions at any time.
When a Sender is interested in an Advert benefiting from Booking, he may make an online Booking request. This Booking request is either (i) accepted automatically (if the Driver chose this option when posting his Advert), or (ii) accepted manually by the Driver. At the time of the Booking, the Sender makes online payment of the Cost Contribution and the related Service Fees, where applicable. After receipt of the payment by Shipmanzee and validation of the Booking request by the Driver, where applicable, the Sender receives a Booking Confirmation (the “Booking Confirmation”).
If you are a Driver and have chosen to handle manually the Bookings requests when posting your Advert, you are required to respond to any Booking request within the timeframe specified by the Sender during the Booking request. Otherwise, the Booking request will expire automatically and the Sender shall be refunded all sums paid at the time of the Booking request, if any.
At the time of the Booking Confirmation, Shipmanzee will send you the telephone number of the Driver (if you are the Sender) or of the Sender (if you are the Driver). You are then solely responsible for executing the contract binding you to the other Member.
4.2.2. Trip without Booking
For journeys not benefiting from the online system for booking Space (“Transports without Booking”), Shipmanzee offers a free service (i.e. without Service Fee) enabling the Senders to send a message to the Driver of a Transport he may be interested in. At the time of sending this message, Shipmanzee will send you the telephone number of the Driver (if you are the Sender) or of the Sender (if you are the Courie), if the rMember agreed to display his/her phone number. You are then solely responsible for arranging the details of the Transport with the other Member, and you alone assume the risks linked to cancellations, changes of the details of the journey, and non-payment of the Cost Contribution.
Any use of the Services, in the capacity of Sender or Driver, relates to a specific name. The Drive and the Sender must correspond to the identity communicated to Shipmanzee and the other Members participating in the Transport.
However, Shipmanzee allows its Members to book one or more Spaces on behalf of a third party. In this case, you undertake to accurately indicate to the Driver, at the time of the Booking or when sending the message to the Driver (in the context of a Trip without Booking), the forenames, age and telephone number of the person on whose behalf you are reserving a Space.
4.3. Review system
Shipmanzee encourages you to leave a review about a Driver (if you are a Sender) or about a Sender (if you are a Driver) with whom you have arranged Transport or with whom you were supposed to arrange a Transport.
Your review, and the review left by another Member about you, if any,, are only visible and published on the Platform after the shorter of the following periods: (i) immediately after you have both left a review, or (ii) after a period of 14 days following the first review..
You have the option of responding to a review that another Member has left on your profile in a 14-day delay following the date of the review received. The review and your response, where applicable, will be published on your profile.
You recognise and accept that Shipmanzee reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content breaches these T&Cs.
Shipmanzee reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs in the case where (i) you have received at least three reviews and (ii) the average review you have received is less than or equal to 3.
5. Financial conditions
Access to and registration on the Platform, as well as searching, viewing and posting Adverts, are free of charge. However, the Booking is charged under the conditions described below.
5.1. Cost Contribution
The Cost Contribution is determined by you, as Drive, under your sole responsibility. It is strictly prohibited to profit in any way from using our Platform.
When you post an Advert, Shipmanzee will suggest an amount of for thre Cost Contribution, which notably takes account of the nature of the Transport and the distance travelled. This amount is given purely as a guideline and it is up to you to increase it or reduce it to take account of the costs you actually incur on the Transport. To avoid abuse, Shipmanzee limits the possibility of adjustment of the Cost Contribution.
6. Non-commercial and non-business purpose of the Services and the Platform
You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Trip with you.
As Driver, you agree not to request a Cost Contribution higher than the costs you actually incur and that may generate a profit, being specified that in the context of a cost sharing, you have to bear as a Driver your own part of the costs induced by the Trip. You are solely responsible for calculating the costs you incur for the Trip and for checking that the amount requested of your Passengers does not exceed the costs you actually incur (excluding your share of the costs).
Shipmanzee reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the Platform. You agree to provide to Shipmanzee, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorised to use this vehicle on the Platform and are not drawing any profit therefrom.
Shipmanzee also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the Trips offered, their frequency, the number of Passengers carried and the Cost Contribution requested, entails a situation of profit for you, or for any reason suggesting to Shipmanzee that you are generating a profit on the Platform.
7. Cancellation policy
7.1. Right of withdrawal
You have no right of withdrawal from the time of Booking Confirmation provided the Contract between you and Shipmanzee consisting of putting you in contact with another Member has been fully executed.
8. Behaviour of users of the Platform and Members
8.1. Undertaking of all users of the Platform
You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.
Furthermore, when using the Platform and during Transports, you undertake:
- (i) not to use the Platform for professional, commercial or profit-making purposes;
- (ii) not to send Shipmanzee (notably upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;
- (iii) not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of Shipmanzee or a third party or contrary to good morals;
- (iv) not to infringe the rights and image of Shipmanzee, notably its intellectual property rights;
- (v) not to open more than one Account on the Platform and not to open an Account in the name of a third party;
- (vi) not to try to bypass the online booking system of the Platform, notably by trying to send another Member your contact details in order to make the booking outside of the Platform and avoid paying the Service Fees if any fees applicable;
- (vii) not to contact another Member, notably via the Platform, for a purpose other than defining the terms of the shared-transportation of shipments
- (viii) not to accept or make payment outside of the Platform, save in the cases authorised by these T&Cs in the case of Transports without Booking;
8.2. Undertakings of the Drivers
Furthermore, when you use the Platform as Driver, you undertake:
- (i) to respect all laws, regulations and codes applicable to driving and the vehicle, notably to hold civil liability insurance valid at the time of the Transport and to be in possession of a valid driving licence;
- (ii) to check that your insurance covers transportation and that your Senders are considered as third parties in your vehicle and are therefore covered by your insurance during the whole Transport, even if cross-border;
- (iii) not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive vigilantly and completely safely;
- (iv) to post Adverts corresponding only to Transports actually planned;
- (v) to make the Transport as described in the Advert (notably with regard to using or not using the motorway) and to respect the times and places agreed with the other Members (notably meeting place and drop-off point);
- (vi) not to take more Shipments than the space indicated in the Advert;
- (vii) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date MoT certificate;
- (viii) to communicate to Shipmanzee or any Senders who so requests your driving licence, your car registration certificate, your insurance certificate, your MoT certificate and any document demonstrating your capacity to use the vehicle as Driver on the Platform;
- (ix) in the case of holdup or change to the time or the Transport, to inform your Senders without delay;
- (x) in the case of a cross-border Transport, to hold and keep available to the Senders and any authority that may so request any document evidencing your identity and your right to cross the border;
- (xi) to wait for Senders at the agreed meeting place for at least 15 minutes after the agreed time;
- (xii) not to post an Advert relative to a vehicle you do not own or that you are not authorised to use for the purposes of transportation of shipments;
- (xiii) to ensure you can be contacted by your Senders by phone on the number registered on your profile;
- (xiv) not to generate any profit via the Platform;
- (xv) not to have any contraindication or medical incapacity for driving;
- (xvi) to behave appropriately and responsibly during the Transport, and in compliance with the spirit of responsible transportation of shipments
- (xvii) not to decline any Booking based on race, color, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance, marital status, pregnancy, special vulnerability due to their economic situation, name, place of residence, health, political opinion, age.
8.3. Undertakings of the Drivers
When you use the Platform as Driver, you undertake:
- (i) in the case of holdup, to inform the Driver without delay;
- (ii) in the case of Transports without Booking, to pay the Dr the agreed Cost Contribution;
- (iii) to wait for the Driver at the meeting place for at least 15 minutes beyond the agreed time;
- (iv) to communicate to Shipmanzee, or any Driver who so asks, your identity card or any document evidencing your identity as well as the description of the transported object
- (v) to ensure you can be contacted by your Senders by phone on the number registered on your profile, including at the meeting point.
9. Suspension of accounts, limitation of access and termination
You can terminate your contractual relations with Shipmanzee at any time, without cost and without reason.
In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 8 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if Shipmanzee has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, Shipmanzee reserves the right to:
- (i) terminate the T&Cs binding you with Shipmanzee immediately and without notice; and/or
- (ii) prevent the posting of or remove any review, Advert, message, content, Booking request, or any content posted by you on the Platform; and/or
- (iii) limit your access and your use of the Platform; and/or
- (iv) temporarily or permanently suspend your Account.
When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to Shipmanzee. Shipmanzee will decide, at its sole discretion, whether or not to lift the measures put in place.
10. Personal data
11. Intellectual property
11.1. Content published by Shipmanzee
Subject to the contents provided by its Members, Shipmanzee is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.
Shipmanzee grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.
You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of Shipmanzee. Notably, you are prohibited from:
- (i) reproducing, modifying, adapting, distributing, publicly representing and disseminating the Platform, the Services and the content, with the exception of that expressly authorised by Shipmanzee;
- (ii) decompiling and reverse engineering the Platform or Services, subject to the exceptions stipulated by the texts in force;
- (iii) extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Platform.
11.2. Content posted by you on the Platform
In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant Shipmanzee a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”). In order to enable Shipmanzee to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise Shipmanzee, for the whole world and throughout the duration of your contractual relations with Shipmanzee, to reproduce, represent, adapt and translate your Member Content as follows:
- (i) you authorise Shipmanzee to reproduce all or part of your Member Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the Platform and the provision of the Service;
- (ii) you authorise Shipmanzee to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.
12. Role of Shipmanzee
The Platform constitutes an online networking platform on which the Members can create and post Adverts for Transports for the purposes of shared-transportation. These Adverts can notably be viewed by the other Members to find out the terms of the Transport, and where applicable, to directly book a Space in the vehicle in question with the Member having posted the Advert on the Platform.
In using the Platform and in accepting these T&Cs, you recognise that Shipmanzee is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Transport.
Shipmanzee has no control over the behaviour of its Members and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Adverts, and it does not offer any Transports on the Platform.
You recognise and accept that Shipmanzee does not control the validity, truthfulness or legality of the Adverts, Spaces and Transports offered. In its capacity of shared-transportation intermediary, Shipmanzee does not provide any transport service and does not act in the capacity of carrier; the role of Shipmanzee is limited to facilitating access to the Platform.
The Members (Drivers or Senders) act under their sole and full responsibility.
In its capacity of intermediary, Shipmanzee cannot be held liable for the effective occurrence of a Transport, and notably owing to:
- (i) erroneous information communicated by the Driver in his Advert, or by any other means, with regard to the Transport and its terms;
- (ii) cancellation or modification of a Transport by a Member;
- (iii) non-payment of the Cost Contribution by a Driver in the context of a Transport without Booking;
- (iv) transported goods
13. Operation, availability and functionalities of the Platform
Shipmanzee shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.
Furthermore, Shipmanzee reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.
14. Modification of the T&Cs
These T&Cs and the documents integrated by reference express the entire agreement between you and Shipmanzee relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
Shipmanzee may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect, and you will be notified by Shipmanzee before it takes effect.