GENERAL TERMS AND CONDITIONS OF USE OF THE SiWeGO PLATFORM
The owner and manager of this web platform is the SiWeGO s.r.l. company, with corporate domicile and administrative headquarters c/o Trentino Sviluppo S.p.A., Rovereto (TN – Zip Code 38068), P.zza Manifattura no. 1, Tax Code/VAT number 02439130226, in the person of its pro tempore legal representative, Dr. Marcello Favalli, born in Brescia on June 5th, 1978, resident in Flero (BS), via Caselle no. 1, Tax Code FVLMCL78H05B157Q.
The SiWeGO platform provides its users with a web structure consisting of the website www.siwego.com and the related applications for iOS and Android mobile devices, which make it possible to put into contact those - natural or legal persons - who need to send commodities and/or goods to a recipient, with other subjects - in turn natural or legal persons - who are willing to transport and deliver these commodities and/or goods; this is out of a mere spirit of courtesy, against a contribution to the costs and therefore with no profit, when the transport is carried out by occasional carriers; against, on the other hand, a consideration for the service performed in the event that the carriage is carried out by professional carriers, registered in the Register of lorry drivers and for this purpose is equipped with an Administrative License/Authorization, active in the supply of road transportation services for commodities and/or goods on behalf of third parties, shipping, moving or ancillary and similar activities, including brokerage in the shipping sector. The senders can choose which type of carriers to contact and directly negotiate with them the contribution/consideration as well as any further aspect of the carriage, in the spirit of the greatest contractual freedom.
This section defines the general terms and conditions governing the use of the services offered by the SiWeGO s.r.l. company via the web platform www.siwego.com and/or by means of its applications for mobile devices. Therefore, anyone wishing to register on the platform is requested to read the following carefully before completing the registration procedure and, therefore, before starting to use the services made available by the platform itself.
It is specified as of now that where the mandatory personal data provided by the user are, even from a subsequent check, incorrect, incomplete or not true, SiWeGO reserves the right not to activate, to suspend or to terminate the service at any time and to do so, at its discretion, without notice.
1. General provisions
These general terms and conditions of use are deemed to have been read and accepted by the user when, completing the registration procedure on the platform, he/she selects the "Accept" option and/or in any case he/she accesses the services provided by the platform itself and/or he/she uses them.
Some provisions contained in these terms and conditions of use may be integrated and/or specified by special notices placed within special pages of the website, which form an integral part of it.
SiWeGO s.r.l. reserves the right to modify these terms and conditions of use at any time. Users are bound by these changes and should therefore periodically visit this section to check for any updates.
Minors under the age of 18 are not allowed to use the services of SiWeGO S.r.lwww.siwego.com
In these general terms and conditions of use, the words indicated here will have the following meaning, even when used in the plural and vice versa:
SiWeGO: refers to SiWeGO s.r.l., a company under Italian law with corporate domicile and administrative headquarters c/o Trentino Sviluppo S.p.A., Rovereto (TN – Zip Code 38068), Piazza Manifattura no. 1, Tax Code/VAT number 02439130226, registration number - REA TN - 225079 - in the Trento Company Register - € 10,000.00 (ten thousand/00 Euros) of fully paid-up Capital Stock, holder of all intellectual property rights and manager of the platform of the same name www.siwego.com and the related applications for mobile devices; also referred to as "The Company".
Platform: indicates both the website accessible at www.siwego.com and the related iOS and Android applications.
Sender: designates the natural or legal person who, through the Platform, requests the Carrier to deliver commodities and/or goods to a specified Recipient under the conditions of time and place indicated in the published announcement.
Recipient: subject to whom the Sender sends commodities and/or goods through a Carrier contacted via the Platform and to whom the Carrier then delivers the package.
Easy Carrier: indicates the natural person who makes him/herself available out of a pure spirit of courtesy and solidarity, to collect a package from a Sender upon the request of the latter to deliver it to a Recipient, at the place and by the time established by the parties, against a contribution to travel and delivery costs, with no profit.
Professional Carrier: indicates the company (sole proprietorship or company) active in the supply of road transportation services for commodities and/or goods on behalf of third parties, shipping, moving or ancillary and similar activities, including brokerage in the shipping sector; this is a subject registered in the Register of lorry drivers and with a regular License/Authorization for the purpose, who provides his/her services for a remuneration - Consideration - and, therefore, for profit, in compliance with these terms and general conditions of use as well as with the laws of the sector. This type of User benefits from the services referred to in the SiWeGO Professional category following the signing and payment of a specific subscription. This User can also use the services referred to in the SiWeGO Company category. The use of the Platform by the Professional Carrier is governed both by these terms and conditions of use and by the provisions of the subscription contract.
Carrier: refers to both the Carrier figures, both Easy and Professional as defined above.
User: indicates without distinction the Sender, the Easy Carrier and the Professional Carrier who, by registering on the web platform www.siwego.com or on the iOS and Android applications, accept these general terms and conditions. All events concerning the receipt of commodities and/or goods, their delivery and all events subsequent to the delivery of the commodities and/or goods are the sole responsibility of the Users.
SiWeGO Easy Private: this is the category in which Senders, Users and Easy Carriers, both natural persons, register and operate; Senders can send while Carriers can transport.
SiWeGO Company: this is the category in which Senders Users, legal persons or sole proprietors, register and operate; the Users of this category can only send.
SiWeGO Professional: this is the category in which Professional Carriers, legal persons or sole proprietors, register and operate; the Users in this category mainly carry out transportation activities, but they are also allowed to use the platform to send commodities and/or goods to specific Recipients via other Carriers, like the Sender Users belonging to the SiWeGO Company category.
User Account: indicates that set of functions, tools and contents attributed to a Username to use the Services provided by SiWeGO on the Platform; through the Account, the system makes available to the User an environment with customizable contents and functions, also called "Reserved Area"; the Account is created by the User at the time of registration, on the website or on the iOS and Android applications.
Login credentials: this is the User ID, i.e. the email address chosen by the user as an identifier, which together with the Password, i.e. the protection key consisting of an ordered and coded group of alphanumeric characters chosen by the user, allows the user to access his/her Account/Reserved Area and use the Platform Services. Access to the platform is also allowed through personal profiles created by users on social networks (Facebook, Google+); in this case, it will not be necessary to create different login credentials.
Account suspension: temporary blocking of the User account carried out by SiWeGO in the event of an ascertained violation by the user of one or more regulatory provisions.
Account removal: elimination of the User account by SiWeGO if serious violations by the user of one or more regulatory provisions are found.
Contribution to expenses: indicates the lump sum requested by the Easy Carrier and accepted by the Sender as a reimbursement of part of the transportation costs. The amount of the reimbursement is freely agreed upon between the parties; it concerns the sharing of expenses; the Easy Carrier cannot derive any form of profit from it;
Consideration for transport: indicates the remuneration requested by the Professional Carrier - and accepted by the Sender - for the transportation service.
Service: refers to the service provided by SiWeGO through the Platform; it allows Users to contact each other, communicate and conclude agreements/contracts concerning the transportation of commodities and/or goods, pay and collect the Contributions to the expenses and/or the transportation costs, via the specific online advance payment service.
Service Fee: the amount due by the Sender for the use of the Platform, paid to SiWeGO via an online pre-payment service when an agreement with a Carrier is reached.
Regulations: indicates these terms and conditions as well as possible legal provisions referred to in the provisions, expressly or implicitly.
3. Registration on the Platform and creation of an account
3.1. Conditions of registration on the Platform
SiWeGO, through the Platform, consisting of the website www.siwego.com and its applications for iOS and Android mobile devices, of which it holds all the intellectual property and use rights, provides Users with the Service consisting mainly in the possibility of:
Contacting other Users who are willing to carry out transport or who need to ship commodities and/or goods;
Agreeing with them to carry out a transport;
Paying the Contribution to the expenses (in the case of Easy Carrier) or paying the cost (in the case of Professional Carriers) directly online, as regards the Sender; collecting the aforementioned amounts as regards the Carrier;
Monitoring the status of the shipment;
Receiving updates on the services provided by SiWeGO;
Subscribing to the SiWeGO newsletter;
Any other functions of the platform.
The Company provides the Services listed above against payment of an annual subscription in the amount of € 499.00 (four hundred and ninety-nine/00 Euros), plus VAT by the Users registered in the Professional Carrier category; as well as the payment by the Senders of a Commission on transactions concluded equal to 7% of the Reimbursement of expenses/cost freely agreed upon between the Users, plus VAT if due.
The amount of the Contribution to the expenses due to the Easy Carrier and the Transport Cost due to the Professional Carrier are shown to the Sender in order to be able to freely decide whether or not to conclude the agreement.
SiWeGO, its administrators, employees and collaborators do not promote or encourage or take part in the definition and/or conclusion of agreements between Users, they do not carry out customer searches on behalf of the Carriers nor do they search for carriers on behalf of the Senders and they do not actively participate in the provision of the transport service, which instead remains exclusively linked to the use of the Platform. Therefore, the fulfilment of what is agreed upon between the parties is the sole discretion of the parties themselves.
SiWeGO does not carry out any type of activity related to transport, forwarding, brokerage or intermediation services in the transport sector. The Platform is a virtual place where Senders and Carriers can exchange information, start negotiations and independently conclude agreements/ contracts concerning the transport of commodities and/or goods.
SiWeGO has no role in and assumes no responsibility for the definition and conclusion of the aforementioned agreements/contracts, nor does it intervene to verify the following aspects:
the truthfulness, legality, accuracy and any other aspect concerning the contents of the ads posted by Users,
the ability, authorization or validity of the authorizations declared by the Senders and Recipients,
the ability, authorization, validity of the declared authorizations or the actual competence of the Carriers.
The agreements coming into existence via the Platform allow Senders and Carriers to establish the essential contents of the transport agreement/contract that is concluded directly between the parties; Users can always integrate the content of the agreement/contract with separate agreements negotiated among them. SiWeGO does not take any part in the transport agreements/contracts, nor is it able to exercise control over the actual content of them. It is always the responsibility of the Carrier and the Sender to negotiate the terms and conditions of these agreements/contracts, defining - based on mutual needs and as prescribed by law - the form, object, methods of fulfilment and any other essential, mandatory, and in any case relevant, aspect.
4. Online acceptance of the Regulations and SiWeGO's right to suspend and/or remove the User Account
The User guarantees that the data entered during registration are true and correct and that he/she is legally able to register and use this Service. If the User registers in the name of and on behalf of a third party, he/she expressly declares that he/she has been authorized by the latter to carry out this operation, exempting SiWeGO from any liability in the event of failure to receive authorization. SiWeGO reserves the right to temporarily suspend and possibly remove, at its sole discretion, the Account of the User who has violated the previous provisions.
SiWeGO also reserves the right to temporarily suspend the User's Account in the event that another User and/or a third party reports one or more violations of the general terms and conditions of use or third-party rights. Upon completion of the appropriate checks, SiWeGO, according to the seriousness of the violations found and at its sole discretion, may restore the previously suspended User’s Account or remove it definitively.
5. Changes to the Platform and mobile devices and consequent changes to the terms and conditions of use
In order to improve the quality of its Services, SiWeGO reserves the right to modify the functions offered by the Platform and the related methods of use. Consequently, the Company has the right to modify these general terms and conditions at any time. The changes will not have retroactive effect. SiWeGO will inform the Users of these functional and regulatory changes by publishing their contents on the Platform and by sending a specific communication by email. The User has the right to withdraw from the Service if following the aforementioned changes he/she does not intend to continue the contractual relationship with SiWeGO. The withdrawal must be communicated to SiWeGO s.r.l. by registered letter with return receipt to be sent to the registered office of the Company c/o Trentino Sviluppo S.p.A., Rovereto (TN - Zip Code 38068), Piazza Manifattura no. 1. Failure to exercise the withdrawal within fifteen days of receipt of the information on the changes implies the tacit acceptance of those changes.
SiWeGO reserves the right to implement additional new Services, whether free or for a fee, through the Platform. In the event that the new services foresee charges to be borne by the Users, SiWeGO gives the User the right not to use the single and new cost-established Service, continuing with the use of the other basic Services. In the event that the for-a-fee service cannot be separated from the other Services offered by the Platform, SiWeGO gives the User the right to withdraw. This right must be communicated to SiWeGO s.r.l. by registered letter with return receipt to be sent to the registered office of the Company c/o Trentino Sviluppo S.p.A., Rovereto (TN – Zip Code 38068), Piazza Manifattura no. 1. Failure to exercise the withdrawal within fifteen days of receipt of the information regarding the new Services implies the tacit acceptance of them.
6. Registration on the Platform and creation of the User’s Account
Each User must register on the platform by creating a User’s Account in order to use the Service offered by SiWeGO, providing the requested data. SiWeGO s.r.l. may collect some personal data from the Users, such as name, surname, address, telephone and/or mobile number, company name, tax code and/or VAT number, vehicle insurance if required, email, User’s ID and password, aggregated information while browsing the application, other personal data provided voluntarily by the User during the registration phase or on the occasion of the request for goods or services offered by the application or the request for information sent by email.
The data requested from the different categories of users are listed below.
Sender: in the case of a natural person, name, surname, place and date of birth, email address, tax code, complete address, mobile phone number, his/her profession; in the case of a firm, the company or the company name, the corporate domicile, the Tax Code and/or the VAT number, the telephone number and the certified email and the email address, the data of the owner or legal representative (name, surname, place and date of birth, Tax Code, full address, mobile number);
Easy Carrier: name, surname, place and date of birth, tax code, email address, complete address, mobile phone number, profession, whether he/she is a commuting or non-commuting worker, if he/she mainly uses his/her own vehicle or public transportation;
Professional Carrier: the company or company name, the corporate domicile, the Tax Code and/ or the VAT number, the telephone number, the email address and the certified email address, the data of the owner or legal representative (name, surname, place and date of birth, tax Code, complete address, mobile number), the details of the registration in the Register of Companies and of the registration in the REA ( the registry of businesses in Italian Chambers of Commerce), the details of the registration in the Registry/Register of lorry drivers of commodities and/or goods on behalf of third parties, the details of any eventual License/Administrative Authorization for the transport of commodities and/or goods, shipping, moving or ancillary and similar activities including intermediation in the shipping sector (the carrier can also have more than one type of license/authorization and specify this in the profile), the details of the insurance of the vehicle used to carry out the transport (insurance company, policy number and expiry date);
Carriers are also requested to indicate the type of vehicle/s with which the transport is carried out as well as the number of vehicles making up the company fleet.
At a later time, the Professional Carrier will also be requested to send a certificate of the Chamber of Commerce company registration or other equivalent document for foreign companies; the Easy Carrier (natural person) will be requested to send a copy of his/her identity card or other valid document; and both types of carrier will be requested to send the header of the current account with the indication of the name, surname, credit institution where a current account is open and its IBAN code; the Sender will also be requested to send a copy of their identity card or other valid document; as well as the header of the current account with the indication of the name, surname, credit institution where a current account is open and the relative IBAN code.
SiWeGO assumes no responsibility for the truthfulness of this information. The Carrier remains solely responsible for the declarations made and the Sender- after booking a transport on the Site - will always be required to verify the identity of the person who will physically show up to collect the goods.
As already specified in the previous points, the User guarantees the truthfulness and correctness of the data communicated; therefore, the Users themselves release SiWeGO from any liability deriving from the communication of false or incorrect data, as well as for possible consequent direct and indirect damage, patrimonial or not, to other Users as well as to third parties.
Each User is allowed to create only one Account with a consequent prohibition to subsequently create others, other than the first one and attributable to the same person, unless expressly authorized in writing by the Company. Any multiple Accounts not authorized by SiWeGO will be immediately canceled, without the need for prior notification being sent to the respective owners.
SiWeGO s.r.l. will process the Users' personal data for the following purposes, relating to the contract stipulated between the company and third parties:
for requirements relating to authorization operations;
for activation and personalization of the access to the various areas and related contents of the application;
for needs relating to the stipulation and execution of a contract upon the request of the User and to carry out a service or an operation within the activities of SiWeGO s.r.l.;
For needs of commercial development, analysis of customer relations and marketing, with the consent, optional, of the User. For example, SiWeGO s.r.l. can send updates and information relating to products or promotions to the User's email address.
Please consult the text of the Terms and Conditions, available on the website www.siwego.com for a more detailed handling of the methods of processing the data provided.
7. Credentials for access to the Reserved Area
When registering on the Platform and creating his/her Account, the User must choose the Credentials to access his/her Reserved Area. The User must carefully store his/her Credentials and he/she is solely and directly responsible in the event of loss or theft. SiWeGO is exonerated from any responsibility and must be released from liability by the registered User with respect to the consequences and damages, of any nature, caused to the User and to third parties by the abusive use of the Credentials.
It is also possible to register on the platform via the Facebook or Google+ platforms; in this case, the user will not have to choose any credentials as he/she will access directly through the profiles of the aforementioned social networks, authorising the sending of the data necessary for registration to the SiWeGO platform.
The Professional Carrier who intends to sign the subscription contract with the help of an agent appointed by SiWeGO, can be guided through the various stages, as described above, directly by the agent.
8. How to use the Platform and general functions
Senders can formulate a transport request, indicating:
place and date of departure/collection of the commodities/goods;
place of arrival/delivery;
dimensions and weight of the commodities/goods;
preference for a Carrier willing to be geolocated with the GPS satellite system;
maximum amount of the Contribution to expenses or the Consideration;
preference for a professional courier (the so-called Professional Carrier).
Once the aforementioned data has been entered and the search started, the Platform software selects a series of Carriers available to carry out the transport service requested by the Sender.
The Carriers, in turn, can make a transport offer, indicating:
place and date of departure/collection of the commodities/goods;
place of arrival/delivery; the means of transport; availability for tracking via GPS satellite system;
whether belonging or not to the category of professional couriers (the so-called Professional Carrier). Also in this case, once the aforementioned data has been entered and the search has been started, the software of the Platform selects the Senders potentially interested in the transport service offered by the Carrier.
Each type of user can decide whether to publish the respective transport request/offer or whether to enter the data indicated above to simply carry out one search.
By viewing the various requests/offers published, the Senders and Carriers can decide whether to contact and which respective counterpart to contact by selecting the appropriate function. SiWeGO does not guarantee the correspondence between the Users, limiting itself to showing offers and requests for transport relating to the criteria entered respectively by the Carriers and Senders.
After establishing the contact, the Sender and the Carrier access a reserved area (or private chat), where they view the summary of the selected transport request/offer and have the possibility to negotiate the terms and conditions and the transport conditions (methods, times, Contribution to expenses/Consideration, etc.) in a more detailed manner, in order to reach an agreement.
Once the details of the agreement have been defined, the Platform software summarises the essential points by automatically calculating the Commission for the Service due to SiWeGO according to the previous point 3 of this Regulation. Subsequently, the Sender, via the payment system provided by Lemon Way, pays the agreed sum by credit card as a Contribution to the costs or Consideration, according to the type of Carrier (Easy or Professional), in addition to the Commission due to SiWeGO.
When the Carrier collects the commodity/goods to be transported, the Sender provides him/her with a secret code in his/her possession, which the Carrier must enter in the appropriate Siwego application field to confirm that the goods have been taken in charge.
After the goods have been taken in charge, the Carrier may authorize his/her tracking via the GPS satellite system; in this way, through the specific function of the application, the Sender can view the journey of the commodity/goods shipped on a digital map.
Subsequently, by means of the appropriate application command (delivery confirmation), the Sender will generate a second code and will communicate it to the Recipient. When the latter receives the commodity/goods, after having verified their integrity, he/she reveals the code to the Carrier, who then enters it in the appropriate field of the application, thus proving that he/she has taken the commodity/goods to their destination intact. At this point, the Platform software notifies both Users that the commodity/goods have been delivered correctly and gives an impulse to Lemon Way to immediately transfer the amount present on the technical account to the Carrier's payment account.
The Carrier, on a monthly basis (30 working days), will obtain the transfer of the Contributions to the expenses or the Considerations accrued from its Lemon Way payment account to his/her bank account. In order to collect the aforementioned sums, the Carrier must send Lemon Way - via the appropriate application function - a copy of his/her identity card (in the case of a natural person) or of his/her chamber of commerce registration (in the case of a legal person or sole proprietorship), as well as a copy of the statement of his/her bank account showing the name of the bank and the IBAN code. These data will be requested from the Carrier only on the occasion of the first operation. Indeed, the Professional Carrier gives these data/documents to Lemon Way during the online signing phase of the subscription contract, the consideration of which is in fact paid to SiWeGO by credit card via the system provided by Lemon Way.
Sender and Carrier may exercise the right to withdrawal from the transport contract. The terms and methods of exercising this right, as well as the provision of any eventual penalties connected to it, are left to the free negotiation of Users within the private chat.
In case of withdrawal of one of the parties from the transport contract, the Contribution to the costs/ Consideration paid by the Sender will remain deposited in the Lemon Way technical account pending the parties’ agreement on the destination of the relative sum, to be reimbursed to the Sender or paid to the Carrier in all or in part. Within thirty days of withdrawal, SiWeGO, in the absence of different indications from the Users concerned, will give impulse to Lemon Way so that the latter will reimburse the Sender.
In any case, SiWeGO will definitively retain the Service Fee already collected.
9. Rules for Senders
The Sender who agrees with a Carrier for a transport is required to pay, via the system provided by Lemon Way, the Contribution to the costs/Consideration agreed upon.
The sums paid by the Sender to the Carrier via Lemon Way as a Contribution to the costs/ Consideration are not available to SiWeGO. Therefore, any requests for reimbursement must be presented by the Sender directly to the Carrier, and eventually accepted by the latter. The Carrier will therefore authorise SiWeGO to reimburse the Sender in whole or in part via Lemon Way; except as provided in the next to the last paragraph of the previous point 9.
10. Rules for Carriers
The services provided by the Carriers to Senders via the Platform may have as their object exclusively: transport of commodities and/or goods, shipping, moving and ancillary or similar activities. Carriers are not allowed to use the Platform to purchase or sell products or services other than the above.
The offers sent by the Carriers to the Senders must include any foreseeable ancillary costs including VAT where applicable, for which the Sender will find separate indication according to the regulations in force regarding the transport of goods.
The Carrier is responsible for any tax compliance connected with the relationship with the Sender, in particular the payment of VAT if applied.
11. Use of the Platform by the Easy Carrier for non-commercial purposes
Users who register on the platform as an Easy carrier agree to use the Services and the Platform for the sole purpose of being put into contact, on a non-corporate and non-commercial basis, with people who wish to share their journey for the transport of the goods which are the subject of the shipping.
As a Carrier, the user undertakes not to request a contribution to the costs exceeding the costs actually incurred and which could generate a profit. The User is solely responsible for calculating the costs incurred for transport.
Users, who register on the Platform as an Easy Carrier, may use the same Platform for the sole purpose of getting in touch with other Users, not for exercising any professional and/or commercial activity, merely making themselves available to other Users for delivering goods and objects, and requesting from them only a Contribution to the expenses, of a lump sum, aimed at partially amortising the costs incurred (deriving from the use of means of transportation, tolls, fuel, vehicle maintenance, repairs, technical checks, wear-and-tear and vehicle insurance). In consideration of the spirit of courtesy and solidarity that characterises the relationship between the Easy Carrier and the Sender, the Easy Carrier must not derive any economic profit from this contribution, but only a partial reimbursement of expenses.
Since these are relationships of mere courtesy and solidarity, the Easy Carrier cannot be considered a professional carrier. Therefore, a free transport contract is set up between the Sender and the Easy Carrier which does not preclude the right to reimbursement of the expenses. The Sender is aware of the fact that the Easy Carrier is not a professional carrier. The Easy Carrier must in any case fulfil the obligations of the transport contract fairly and in good faith, with the diligence of a good pater familias.
SiWeGO reserves the right to notify the competent Authorities and suspend the Account of the Easy Carrier who, via the Platform, has carried out transport activities for commercial and/or professional purposes without having the necessary requisites.
By means of its structure, SiWeGO provides a service of mere communication among Users, assisted by the payment tool provided by Lemon Way, and will in no case interfere in the choice of places, times and delivery methods agreed upon by the Users.
SiWeGO does not play any active role among the latter, limiting itself to providing the necessary structure to put them in contact with each other, and does not carry out any function of intermediary and/or agent and/or employment agency or similar. The Users themselves are therefore without legitimacy to make complaints to the Company in the event that they do not establish contacts with other Users concerning the delivery service. The transport contract concerns exclusively the Sender and the Easy Carrier; therefore, these Users as of now release SiWeGO from liability deriving from non-fulfilment and/or unlawful acts, as well as for any consequent damage, direct and indirect, patrimonial, or not, also with respect to third parties.
Following the registration of the Easy Carrier in the specific section of the Platform, no independent and/or subordinate employment relationship is established between him/her and SiWeGO.
Finally, the registration of the Easy Carrier Account is allowed to natural persons who are of age.
12. Use of the Platform by the Professional Carrier
Users who register on the Platform as a Professional Carrier can use the Platform in order to get in touch with other Users, thus expanding their catchment area, making themselves available to carry out their professional and/or commercial activities, concluding contracts of transport with other Users, with consequent right to payment of the Consideration indicated/agreed upon.
The Professional Carrier is considered a person who is carrying out a transport activity, therefore he/she undertakes to fulfil the related legal obligations; the Sender can demand the execution of these services. The Professional Carrier is a company (sole proprietorship or company) registered in the Registry/Register of lorry drivers and for this purpose is equipped with an Administrative License/Authorization, active in the supply of road transportation services for commodities and/or goods on behalf of third parties, shipping, moving or ancillary and similar activities, including brokerage in the shipping sector (he/she can also have several types of licenses/authorizations and specify this in the appropriate "description" section of his profile on the Platform). Exonerating SiWeGO from any liability, the Professional Carrier guarantees that he/she is in possession of all the legal requirements necessary to professionally carry out the aforementioned activities.
SiWeGO makes available to Users only the structure that provides a communication service among them, assisted by the payment tool provided by Lemon Way, and it will in no case interfere in the choice of places, times and delivery methods agreed upon by the Users. SiWeGO does not exercise any active role among the latter, limiting itself to providing the necessary structure to put them in contact with each other, and does not perform any function as an intermediary and/or agent and/or employment agency or similar. The Users themselves are therefore without any legitimacy to make complaints to the Company in the event that they do not establish contacts with other Users concerning the delivery service. The transport contract concerns exclusively the Sender and the Professional Carrier; therefore, these Users as of now release SiWeGO from liability deriving from non-fulfilment and/or unlawful acts, as well as for any consequent damages, direct and indirect, patrimonial or not, also with respect to third parties.
Following the registration of the Professional Carrier in the specific section of the Platform, no independent and/or subordinate employment relationship is established between him/her and SiWeGO.
The Professional Carrier has the right to indicate particular transport conditions to the Senders contacted via the Platform, specifying those conditions in the "Description" section of his profile, provided that these conditions do not conflict with the Platform Regulations and do not violate the current legal provisions.
Finally, the registration of the Professional Carrier Account is reserved to the owners of the sole proprietorships or the legal representatives of companies that carry out the trucking of commodities and/or goods on behalf of third parties, or to subjects legitimately delegated by them.
13. Contact system between Sender and Carrier and online conclusion of agreements concerning transport services
SiWeGO offers an online Service by means of which Senders and Carriers can contact each other and arrange the transport of a specific commodity/goods to a specific Recipient.
It is the responsibility of the parties to establish the methods, times and places of deliveries, therefore, the Sender and the Carrier assume all risks relating to the delivery of the commodity/ goods, such as by way of example and not limited to, cancellations or unexpected and/or sudden changes. SiWeGO is exonerated from any responsibility for direct and/or indirect damage caused to other Users and/or third parties due to the occurrence of the aforementioned events.
The booking of the delivery by the Sender and the relative acceptance by the Carrier conclude a valid, effective, binding agreement/contract between them.
14. Method of payment for the transport services agreed upon online
The Sender, having concluded the agreement/contract with the Carrier that has agreed to carry out the transport in the manner agreed upon between the parties, pays the established sum as a Contribution to the costs or Consideration (the latter including VAT), as well as the Commission for the Service rendered by SiWeGO via the method of payment offered by Lemon Way.
The Platform will digitally generate a summary note indicating, among other things, the amount paid, to the Sender who has contacted and made use of an Easy Carrier, following the payment of the Contribution to the expenses.
Following the payment of the amount (including VAT if due), the Platform will generate a digital summary note to the Sender who has contacted and used a Professional Carrier indicating, among other things, the amount paid. The tax receipt/invoice relating to transport and not including the commissions for using the platform will be issued by the Professional Carrier and sent directly by the latter to the Sender in the manner that was agreed upon by them.
The Carrier, on a monthly basis (30 working days), will obtain the transfer of the Contributions to the expenses or the Considerations from his Lemon Way account to his bank account. The payment of the amount due will be made exclusively via the integrated payment system provided by Lemon Way, excluding payments in cash or checks.
SiWeGO is exonerated from any liability in the event of failure to transfer the sums present on the Carrier's Lemon Way payment account to the bank account of the User due to failure or incorrect communication of the data/documents requested by Lemon Way (in particular the bank name and the details of the current account). These data/documents can be modified at a later time if necessary.
SiWeGO is exonerated from any liability for damage caused to users in relation to the payment service offered by Lemon Way.
15. Commissions applied to Senders by SiWeGO
A Commission will be charged to the Sender at the time of the conclusion of the agreement with the Carrier.
As specified in point 3 of these general terms and conditions, the commission applied by SiWeGO on transactions concluded via the Platform is equal to 7% of the amount of the Contribution to the expenses/Consideration agreed upon between the Sender and the Carrier, including VAT.
For clarity, the amount (in Euros) of the Commission will be consultable by the Sender in the appropriate summary sheet, in particular when the Contribution to expenses/Consideration agreed upon between the parties is indicated.
The Commission will be paid by the Sender to SiWeGO via the payment system provided by Lemon Way at the time of the conclusion of the agreement with the Carrier. The Commission will be collected by SiWeGO on the Lemon Way payment account registered in its name, different from the Lemon Way payment account on which the Contributions to the expenses/Considerations due to the Carrier will be paid and registered in his/her name. The Commissions will be invoiced to the Sender for each single transport within 7 working days.
The payment of the Commission takes place regardless of the subsequent execution of the shipping/ transport service.
SiWeGO reserves the right to change the Commission measure or to suspend its application at any time, also regarding individual Senders.
SiWeGO, for promotional purposes, reserves the possibility of not applying the aforementioned commission for an initial period. The duration of this period will be adequately communicated to the Users to whom a subsequent communication will be made regarding the moment from which the commission will begin to be applied.
The eventual introduction of this promotion, its duration and the possible extension of it will be decided by SiWeGO on the basis of strictly commercial assessments and therefore not subjected to eventual complaints from the Users.
16. SiWeGO impartiality with respect to the contract stipulated between the Sender and the Carrier
The transport contract between the Sender and the Carrier does not produce any effect on SiWeGO, except its right to be paid a Commission by the Sender for the use of the Platform. SiWeGO, as a mere supplier of the Platform software, is therefore not subject to any obligation arising from this contract and is not liable for any non-fulfilment or incorrect fulfilment of the respective obligations by the contracting parties.
The Sender and/or the Carrier, on their own and/or jointly with each other, must release SiWeGO from liability regarding any claims made by third parties for any reason in relation to all the stages of the transport.
17. SiWeGO’s exemption from responsibility for transported goods (package contents, packaging and transport)
By accepting these general terms and conditions, the Sender exonerates SiWeGO from any liability relating to the content of the packages transported by the Carrier Users, in turn exempt from any liability. The Sender guarantees that the goods contained in the transported package are lawful and do not violate mandatory rules or rights of third parties and that they are not contrary to morality.
The Sender has the obligation to indemnify and hold SiWeGO and the Carrier unharmed from all expenses incurred to withstand in any eventual criminal/civil/administrative proceedings before the competent authorities in relation to the contents of the package, as well as from eventual convictions for damage or from the payment of financial penalties inflicted upon the outcome of said proceedings.
The request for shipment of goods whose transport requires prior authorization by the Public Safety Authority is not authorised, such as, by way of example and not limited to: weapons, special waste, etc.
It is expressly forbidden to request the transport of goods whose detention is criminally prosecutable, such as, by way of example and not limited to: drugs, child pornography, protected animals, works of art of illegal origin, etc.
Carrier Users are expressly prohibited from opening packages so as to preserve the confidentiality of their content. SiWeGO and the Carrier are exonerated from any liability in the event that the goods transported are viewed, inspected, seized, confiscated, by virtue of a provision of the Judicial and/or Administrative and/or Public Security Authority.
SiWeGO is entitled to provide personal data and the eventual identification of the Sender and/or the Carrier to the Judicial and/or Administrative and/or Public Security Authorities that request it for reasons of justice or public order.
The Sender is directly and exclusively responsible for the correct execution of the packaging procedure; he/she releases SiWeGO and the Carrier from liability for any damage deriving from the perishing, damage, loss of the contents caused by the negligent execution of the packaging.
Once the "Carrier" User has received the package from the Sender, he/she must immediately verify its integrity, reporting any defects both to the Sender himself and to SiWeGO. The reporting of defects will be taken into consideration for the purposes of ascertaining responsibility in the event of damage to and/or loss of the goods. Failure to report defects implies acceptance of the package by the Carrier, who declares it integral.
The Carrier User is obliged to keep the package until the moment of delivery, adopting all the necessary precautions to preserve its integrity and contents, in order to avoid damage to or loss of the package itself and the goods contained therein. It is the Carrier's responsibility to prove that he/she has taken all suitable measures to avoid the loss of or damage to the package and its contents.
By accepting these general terms and conditions, the Carrier relieves from any liability and undertakes to hold SiWeGO unharmed from the claims made by the Sender against the Company itself as a result of damage to/loss of the package and the goods he had in custody or tampering with it/them. The Carrier must therefore arrange to repair the damage suffered by the Sender in the ways and limits established by law, also according to Articles 1223 and 2051 of the Italian Civil Code. The Company is in any case exonerated from any liability relating to damage to and/or tampering with and/or loss of and/or failure to deliver the package attributable to the Carrier and/or to third parties.
In the event of visible damage to the package, the Recipient has the obligation to refuse it, requesting its return to the Sender at the expense of the Carrier.
In the event of disputes relating to non-delivery of and/or damage to the package, the Carrier has the unjudged right to present his/her defensive arguments to the Sender and to protect his/her interests in the competent judicial offices.
All eventual disputes relating to damage to/tampering with/loss of the package must be resolved exclusively between the Sender and the Carrier. SiWeGO is only required to provide the Sender, upon request, with the complete details of the Carrier in order to contact him/her to make his/her complaints and/or claims for compensation.
18. iWeGO’s exemption from responsibility for delivery times and methods
The Sender and the Carrier exonerate SiWeGO from any liability relating to the late delivery of the goods and the failure to comply with the delivery conditions agreed upon between them.
The Sender guarantees the correctness of the information communicated to the Carrier to make the delivery, relieving him and SiWeGO from any responsibility for the failure and/or delay in delivery of the commodity/goods due to the inaccuracy or incompleteness of the information provided.
In the event of disputes relating to the late or non-delivery of the commodity/goods, the Carrier may present his defensive arguments and protect his interests with respect to the Sender in the competent offices.
All eventual disputes relating to the late or non-delivery of the commodity/goods must be resolved exclusively between the Sender and the Carrier. SiWeGO will be required to provide the Sender who requests it with complete details of the Carrier in order to contact him/her to make his/her complaints and/or claims for compensation.
19. Exemption from Responsibility
In the event that disputes arise against SiWeGO relating to the actions, contents or information and personal data published, shared or used by the user through the Services, the user undertakes to release the Company from liability and hold it unharmed from and against any damage, loss or expense of any kind (including the reasonable legal expenses and costs) arising from this litigation. Furthermore, the User agrees to indemnify and hold SiWeGO unharmed from and against all eventual claims, liabilities, damage, losses and expenses, including, without limitation, the reasonable legal and accounting expenses, deriving from or in any way connected to (i) the breach of these Terms by the user, (ii) the misuse of the Services, (iii) the interaction of the user with any other user, or (iv) the breach of laws, regulations or rights of third parties by the user.
SiWeGO undertakes to keep the Services active, error-free and secure, but the user agrees to use them at his own risk. The Services are provided as they are, without any express or implied warranties, including, but not limited to, warranties of suitability for a specific purpose.
SiWeGO cannot guarantee that the Services are always secure or error-free or that they will always function without interruptions, delays or imperfections. The Company may change or interrupt the provision to the user of any of its services.
The Company does not guarantee that it will keep or continue to show the information, personal data and content that the User has published, shared or otherwise provided.
The User is solely responsible for the decision to access or use third-party applications or sites linked to the Services.
20. Other exemptions of SiWeGO from responsibility
SiWeGO is not responsible for direct, indirect, incidental or consequential damage resulting to Users from accessing or using the Platform. In particular, SiWeGO assumes no responsibility and will not be liable for any damage or viruses that may infect the User's computer or mobile device due to access to the website www.siwego.com, its exploration or downloading of data as well as the use of the application.
For no reason can SiWeGO be held responsible for the loss of or damage to Users’ data resulting from having used the Service provided by the Platform or from having visited the contents of the website www.siwego.com.
SiWeGO is not responsible for failures attributable to causes of fire, explosion, earthquakes, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes and any other unpredictable and exceptional cause that prevents it from providing Users with the Platform Services.
Users are responsible for the content they publish on the Platform. SiWeGO is not required to verify these contents and, therefore, declines any responsibility regarding them.
With the exception of cases of fraud or gross negligence, SiWeGO cannot be held responsible for losses (an illustrative list follows: liability for loss of business, loss of profits or contracts, loss of chance, loss of reputation, loss of hours of work), patrimonial and not, direct or indirect, suffered by Users and/or third parties, in relation to the Services offered by the Platform, the impossibility of its use and any material published therein.
By accepting these general terms and conditions, the User undertakes to release and hold SiWeGO unharmed from any claim or request, including legal fees, made by third parties and caused by or deriving from the violation of the Regulation itself and/or of any law or right of the third party itself.
On the website www.siwego.com and also on the applications there may be hyperlinks to websites owned by third parties. The links are provided solely for the convenience of Users and do not represent a solicitation by SIWeGO to view and/or use these sites. The websites of third parties are not under the control of SiWeGO, which, therefore, assumes no responsibility or guarantees in relation to their content. In particular, SiWeGO does not guarantee the accuracy, legality, reliability or validity of the contents of other sites and is not liable for any loss, injury, claim, obligation or damage of any kind deriving from websites or third-party contents to which the User is accessed, directly or indirectly, through the links present on the website www.siwego.com
21. Users’ Behaviour
By using the Platform, Users undertake to behave collaboratively, based on fairness and good faith.
It is absolutely forbidden to use the Platform for activities contrary to the terms and conditions set out here as well as any that are contrary to Italian law.
The laws referred to - expressly or implicitly - in this section are mandatory and therefore they must be known, respected and applied by the Users.
Any information or material published or provided by the Users - both at the time of Registration and subsequently - must be truthful, accurate, updated, legitimate and non-fraudulent. SiWeGO is not required to verify the contents of this information or materials; therefore, the Company declines any responsibility regarding it.
It is absolutely forbidden to use the Platform to publish information or material for which you do not possess the licenses or authorisations required by law, having an obscene, offensive, pornographic, defamatory, vulgar character and which may have any unlawful relevance of a criminal, civil or administrative nature. SiWeGO will provide full support to the competent authorities in order to punish possible perpetrators of wrongdoing. The Company also has the right to put in place all the necessary measures to protect - even in court - its image in the event of damage caused to it by the behaviour of the Users.
Without prejudice to the complete extraneousness of SiWeGO with respect to the agreements concluded between Senders and Carriers, it should be noted, for purposes of providing information, that the transport of some goods (e.g. goods that are dangerous, flammable, explosive, corrosive, polluting, etc.) might be regulated by special and specific laws. It is therefore the responsibility of Senders and Carriers to find out in advance about the sector legislation in order to avoid any sanctions by the competent authorities. The Company expressly declares that it does not assume any responsibility for the failure or incorrect fulfillment by the Users of the appropriate and specific regulations governing the transport sector or anything else related to it.
It is expressly forbidden for Users to carry out any activity, even jointly between Sender and Carrier, aimed at circumventing the Platform and avoiding the payment of Commissions due to SiWeGO. The Company reserves the right to make compensation claims for any damage caused to it by improper behaviour of the Users, as well as to proceed with the immediate Removal of the relative Accounts.
SiWeGO Platform makes an assessment mechanism available (feedback) through which the Sender expresses an opinion on the transport service received from the Carrier.
The assessment judgment (feedback) consists of indicating the degree of satisfaction perceived with regard to the quality of the service provided by the Carrier. The latter in turn has the opportunity to express a counter-feedback.
23. Interruption and suspension of access to the Platform and the Services provided
The Services (including additional ones) will normally be available round-the-clock. However, Users acknowledge and accept that SiWeGO may suspend and/or interrupt their supply in order to allow for the execution of ordinary or extraordinary maintenance that may be appropriate and/or necessary. In these cases, SiWeGO undertakes - where possible - to notify Users in time of the aforementioned suspensions and/or interruptions and to carry out maintenance interventions in the shortest possible time, restoring the Services as soon as possible, in order to reduce the inconvenience created to Users. These latter also acknowledge and accept that they will not make any request for compensation, reimbursement or reparation against SiWeGO for the period of time in which they have not been able to make use of the Services.
24. Protection of Users' data and contents of their respective Accounts
SiWeGO uses the latest generation SSL/TLS certificates and cutting-edge software to protect the data provided by Users. SiWeGO is exonerated and is expressly released from any liability relating to the security of these data and the contents of the Accounts in the event of malfunctioning of and/or tampering with the aforementioned certificates by third parties.
With regard to payment data, the responsibility for the security of their transmission is the exclusive responsibility of the Lemon Way company, the only subject entitled to manage economic transactions.
25. Authorisations, Copyright and Intellectual Property
The entire Platform, including graphics and content, is protected by Italian and International Copyright laws regarding the Copyright, and SiWeGO holds all its rights, whether owned or licensed. Furthermore, all trademarks, domain names, company names and logos present on the Platform are the exclusive or licensed property of SiWeGO, with the consequent protection provided by the current applicable legislation regarding intellectual property law and copyright. It is expressly forbidden to reproduce the SiWeGO trademark in any form without the express authorisation of the Company. To agree on specific authorisations for the use of brands and trademarks, it is possible to send a written request to SiWeGO by email to firstname.lastname@example.org.
26. Partial nullity
The invalidity or ineffectiveness of one or more clauses is limited to it/them, thus not affecting the validity of the text of the entire contract.
27. Contracts with third parties
SiWeGO uses Lemon Way to provide the payment service. This service is governed by specific contractual conditions that must be specifically signed and accepted by the User, exempting SiWeGO from any liability for any eventual damage suffered in relation to these Services.
SiWeGO has the right to change the provider of the payment service as well as to use other third parties for different types of services, whose contractual conditions will be made available to the Users who must accept them.
28. Ceding the contract
SiWeGO has the right to cede this contract to third parties without any obligation to give reasons, communicating this intention to Users by email. In this case, Users have the right to withdraw from the contract by sending a specific communication by registered letter with return receipt to the company's address within fifteen days of receipt of the news. The account of the withdrawn users will be removed.
Users can complain about the Services offered by SiWeGO by writing to the email address email@example.com, clearly and precisely illustrating the problems encountered in accessing and/or using them, in order to allow the Company to intervene and remedy the issue promptly.
30. Applicable law and competent court
Although not expressly provided for in these terms and conditions of use, the Services provided by SiWeGO Platform are governed by the current national laws.
The competent court for consumers is the one foreseen by the Legislative Decree of September 6th, 2005 no. 206 (Consumer Code), i.e. the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State.
The competent court for subjects who cannot be qualified as consumers according to the aforementioned Legislative Decree is, instead, the Court of Rovereto (TN).
31. Information on the processing of personal data
The User authorises SiWeGO to use his personal data according to Legislative Decree 196/2003, as amended and integrated by European Regulation 679/2016 and declares to have received the Information on the treatment of data.