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Terms and Conditions - App

Premise

The owner and manager of this web platform is the company SiWeGO srl, with legal and administrative headquarters at Trentino Sviluppo SpA, Rovereto (TN – postal code 38068), P.zza Manifattura n. 1, Tax Code / VAT number 02439130226, in the person of its pro tempore legal representative, Dr. Marcello Favalli, born in Brescia on 06.05.1978, residing in Flero (BS), via Caselle n. 1, Tax Code FVLMCL78H05B157Q.

The SiWeGO platform provides its users with a web structure consisting of the site www.siwego.com and the related applications for iOS and Android mobile devices, which allows those – natural or legal persons – who need to send goods and/or goods to a recipient to get in touch with other subjects – in turn natural persons or legal – who are willing to transport and deliver such goods and/or goods; this for a mere spirit of courtesy, against a contribution to the costs and therefore without any profit, when the transport is performed by occasional carriers; on the other hand, against a consideration for the service rendered in the event that the transport is carried out by professional carriers, registered in the Register/Register of road hauliers and for this purpose equipped with a License/Administrative Authorisation, active in the supply of road transport services of goods and / or goods on behalf of third parties, shipping, moving or ancillary and similar activities, including intermediation in the shipping sector. Senders can choose which type of carriers to contact and agree directly with them the contribution/payment as well as any further aspect of the transport, in the spirit of the broadest contractual freedom.

This section defines the general terms and conditions that regulate the use of the services offered by the company SiWeGO srl through the web platform www.siwego.com and/or through their own applications for mobile devices. Therefore, anyone intending 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 should be noted so far that where the mandatory personal data provided by the user is found to be incorrect, incomplete or untrue, even after a subsequent check, SiWeGO reserves the right not to activate, suspend or terminate the service at any time and, 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, by completing the registration procedure on the platform, he selects the "I accept" option and/or in any case accesses the services rendered by the platform itself and/or you use them.

Some provisions contained in these terms and conditions of use could be integrated and/or specified by special notices placed within particular pages of the website, which form an integral part of it.

SiWeGO srl reserves the right to modify these terms and conditions of use at any time. Users are bound by these changes and must therefore periodically visit this section to check for any updates.

Children under the age of 18 are not allowed to use the services of SiWeGO Srl.

 

2. Definitions

In these general terms and conditions of use, the words indicated here will have the following meaning, even when referred to in the plural and vice versa:

  • SiWeGO:refers to SiWeGO srl, a company incorporated under Italian law with registered and administrative office at Trentino Sviluppo SpA, Rovereto (TN – postal code 38068), P.zza Manifattura n. 1, Fiscal Code / VAT number 02439130226, Trento Company Register number  - REA TN - 225079 - Share capital € 10,000.00 (ten thousand Euros/00) fully paid up, holder of all intellectual property rights and manager of the homonymous platform www.siwego.com and related applications for mobile devices; also referred to as “The Company”. 

  • Platform:indicates both the website reachable at the address www.siwego.com, both the iOS and Android applications attached.

  • Sender:designates the natural or legal person who, through the Platform, requests the Carrier to deliver goods and/or merchandise to a specific Recipient under the conditions of time and place indicated in the published announcement.

  • Recipient:subject to whom the Sender sends goods and/or merchandise via a Carrier contacted through the Platform and to whom the Carrier then delivers the package.

  • Vector Easy:means the natural person who makes himself available out of a pure spirit of courtesy and solidarity, to collect a package from a Sender at the request of the latter to deliver it to a Recipient, in the place and within the time established by the parties, against a Contribution to travel and delivery expenses, without any profit.

  • Professional carrier:indicates the company (sole proprietorship or company) active in the supply of road haulage services for goods and/or goods on behalf of third parties, shipping, moving or ancillary and similar activities, including intermediation in the shipping sector; it is a subject registered in the Register/Register of road hauliers and provided with a regular License/Authorisation for this purpose, which provides its services against a remuneration - Consideration - and, therefore, for profit, in compliance with these terms and general conditions of use as well as the sector laws. This type of User uses the services in the SiWeGO Professional category following the subscription 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.

  • Vector:refers to both 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 goods and/or goods, the relative delivery and all events subsequent to the delivery of the goods and/or goods are the exclusive responsibility of the Users.

  • SiWeGO Easy:it is the category in which Easy Senders and Vectors Users, both natural persons, register and operate; Senders can ship while Carriers carry.

  • SiWeGO Company:it is the category in which Sending Users, legal persons or sole proprietorships, register and operate; Users of this category can only send.

  • SiWeGO Professional:it is the category in which Professional Carriers, legal entities or sole proprietorships, register and operate; Users in this category mainly carry out transport activities, but they are also allowed to use the platform to send goods and/or merchandise to specific Recipients through other Carriers, therefore equal to the Sending Users belonging to the SiWeGO Company category.

  • User Accounts:indicates that set of functions, tools and contents attributed to a User name 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 the "Reserved Area"; the Account is created by the User upon registration, on the website or on the iOS and Android applications.

  • Login credentials:it is the User ID, i.e. the e-mail address chosen by the user as an identifier, which together with the Password, i.e. the protection key formed by an ordered and coded group of alphanumeric characters chosen by the user, allow the user himself to access your Account/Reserved Area and use the Platform Services. Access to the platform is also permitted through personal profiles created by users on social networks (Facebook, Google+); in this case it will not be necessary to create different access credentials.

  • Account suspension:temporary blocking of the User account implemented by SiWeGO in the event of an ascertained violation by the user of one or more Regulatory provisions.

  • Account removal:deletion of the User account by SiWeGO if serious violations by the user of one or more Regulatory provisions are found.

  • Contribution to expenses:means the lump sum requested by Easy Carrier and accepted by the Sender as reimbursement of part of the transport costs. The amount of the contribution is freely agreed between the parties; it concerns the sharing of expenses; Carrier Easy cannot make any form of profit from it;

  • Transportation fee:indicates the remuneration requested by the Professional Carrier - and accepted by the Sender - for the transport 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 transport of goods and/or merchandise, pay and collect Contributions to expenses and/or Transportation Fees, through the appropriate online advance payment service.

  • Service Fee:sum owed by the Sender for the use of the Platform, paid to SiWeGO via online advance payment service when an agreement is reached with a Carrier.

  • Legislation:indicates these terms and conditions as well as any legal provisions referred to by them, expressly or implicitly.

 

3. Registration on the Platform and creation of an account

 

3.1. Terms of registration on the Platform

SiWeGO, through the Platform, consisting of the website www.siwego.com and your applications for iOS and Android mobile devices, of which it holds all intellectual property and usage rights, provides Users with the Service mainly consisting of the possibility of:

  • Contact other Users who are willing to carry out transport or who need to send goods and/or merchandise;

  • Agree with them to carry out a transport;

  • Pay the Contribution to expenses (in the case of Easy Carrier) or pay the Fee (in the case of Professional Carrier) directly online, as far as the Sender is concerned; collect the aforementioned amounts with regard to the Carrier;

  • Track the status of the shipment;

  • Release Feedback;

  • Receive updates on the services provided by SiWeGO;

  • Subscribe to the SiWeGO newsletter;

  • Every other platform function.

The Company provides the Services listed above against payment by Users registered in the Professional Carrier category of an annual subscription for the amount of €499.00 (four hundred and ninety-nine Euros/00), plus VAT; as well as the payment by the Senders of a Commission on the completed transactions equal to 7% of the Reimbursement of expenses/Consideration freely agreed between the Users, plus VAT if due.

The payment system - and payment management - is provided by a third party, namely by Lemon Way SAS, 8 rue du Sentier, 75002 Paris, France. As regards the terms and conditions of use of this application, in particular the rates of the service, please refer to what is indicated on the website https://www.lemonway.com/it. The data of the Users, necessary for the transactions,  are automatically transferred from SiWeGO to Lemon Way; therefore, at the time of payment, both the general terms and conditions of use of the service and the Lemon Way Privacy Policy and Cookie Policy are indirectly accepted.

The amount of the Contribution to the costs due to the Easy Carrier and the Transportation Fee 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 directors, employees and collaborators do not promote or incentivize or take part in the definition and/or conclusion of agreements between Users, they do not carry out customer research activities on behalf of Carriers or carrier research activities on behalf of Shippers and they do not actively participate in the provision of the transport service, which instead remains exclusively connected to the use of the Platform. Therefore, the fulfillment of what is agreed between the parties is solely at the discretion of the parties themselves.

SiWeGO does not carry out any type of activity attributable to transport, forwarding, brokerage or intermediation services in the transport sector. The Platform is a virtual place where Shippers and Carriers can exchange information, start negotiations and autonomously conclude agreements/contracts concerning the transport of goods and/or merchandise.

SiWeGO has no role nor does it assume any 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 advertisements published by the Users,

  • the ability, authorization or validity of the authorizations declared by the Senders and Recipients,

  • the capacity, authorisation, validity of the authorizations declared or the effective competence of the Carriers.

 

The agreements made through the Platform allow Shippers and Carriers to fix the essential contents of the transport agreement/contract which is concluded directly between the parties; Users can always integrate the content of the agreement/contract with separate agreements negotiated between them. SiWeGO does not take part in the transport agreements/contracts in any way, nor is it able to exercise control over the actual content of the same. It is always the responsibility of the Carrier and the Sender to negotiate the terms and conditions of such agreements/contracts by defining - on the basis of mutual needs and as prescribed by law - the form, object, methods of fulfillment and any other essential, mandatory aspect and nonetheless relevant.

 

4. Online acceptance of the Regulations and SiWeGO's right to suspend and/or remove the User Account

In order to use the Platform and the Services offered with it, the User must necessarily create his own personal Account, completing the registration procedure, providing the requested data, fully accepting these general terms and conditions and also authorizing the processing of his personal data pursuant to the published Privacy Policy on the site www.siwego.com. The completion of the registration procedure concludes this contract for the provision of the Service, which becomes valid, effective and binding for all purposes and purposes between the parties. Failure to accept the general terms and conditions of use. The release of consent is therefore mandatory, its absence completely prevents access to the platform.

The User guarantees that the data entered during registration are true and correct and that they have the legitimacy to register and use this Service. If the User registers in the name and on behalf of a third party, he expressly declares that he has been authorized by the latter to carry out this operation, exempting SiWeGO from any liability in the event of non-authorisation. 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. Following the appropriate checks, SiWeGO, according to the seriousness of the violations found and at its unquestionable judgement, may restore the previously suspended User 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 features 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 Users of these functional and regulatory changes by publishing the contents on the Platform and by sending a specific communication by e-mail. The User has the right to withdraw from the Service if, following the aforementioned changes, he does not intend to continue the contractual relationship with SiWeGO. The withdrawal must be communicated to SiWeGO srl by registered letter with return receipt to be sent to the registered office of the Company c/o Trentino Sviluppo SpA, Rovereto (TN – postal code 38068), P.zza Manifattura n. 1. Failure to exercise the withdrawal within fifteen days of receiving the information on the changes implies tacit acceptance of the same.

SiWeGO reserves the right to implement additional new Services, whether free or paid, through the Platform. In the event that the new services envisage charges to be borne by the Users, SiWeGO gives the User the right not to use the single new paid Service by continuing with the use of the other basic Services. In the event that the paid service cannot be separated from the other Services offered by the Platform, SiWeGO gives the User the right of withdrawal. This right must be communicated to SiWeGO srl by registered letter with return receipt to be sent to the registered office of the Company c/o Trentino Sviluppo SpA, Rovereto (TN – postal code 38068), P.zza Manifattura n. 1. Failure to exercise the withdrawal within fifteen days of receiving the information on the new Services implies tacit acceptance of the same.

 

6. Registration on the Platform and creation of the User Account

Each User must register on the platform by creating a User Account to use the Service offered by SiWeGO, providing the requested data. SiWeGO srl may collect some personal data from Users, such as name, surname, address, telephone and/or mobile number, company name, tax code and/or VAT number, vehicle insurance if required, e-mail, User ID and password, information aggregated while browsing the application, other personal data provided voluntarily by the User during the registration phase or when requesting goods or services offered by the application or requesting information sent via email.

The data requested from the various categories of users are listed below.

  • Sender: in the case of a natural person, the name, surname, place and date of birth, email address, tax code, full address, mobile phone number, profession; in the case of a company, the company or company name, the registered office, the Tax Code and/or VAT number, the telephone number and the e-mail address and certified e-mail address, the data of the owner or legal representative (name, surname , place and date of birth, tax code, complete address, mobile phone number);

  • Carrier Easy: name, surname, place and date of birth, tax code, e-mail address, complete address, mobile phone number, profession carried out, whether it is a commuter or non-commuter worker, if it uses mainly own transport or public transport;

  • Carrier Professional: company or company name, registered office, tax code and/or VAT number, telephone number, e-mail address and certified e-mail address, data of the owner or legal representative (name, surname , place and date of birth, Tax Code, full address, mobile phone number), the details of the registration in the Company Register and of the REA registration, the details of the registration in the Register/Register of road hauliers of goods and/or goods on behalf of third parties, the details of any License/Administrative Authorization for the transport of goods and/or goods, shipping, moving or ancillary and similar activities including intermediation in the shipping sector (it may also have multiple types of licenses/authorizations and specify it in the own profile), the details of the insurance of the vehicle used to carry out the transport (insurance company, policy number and expiry of the same);

  • Carriers are also asked 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.

The Professional Carrier will also be asked to send a certificate of incorporation or other equivalent document for foreign companies at a later time; to Easy Carrier (natural person) to send a copy of the identity card or other valid document; as well as for both the heading of the current account where name, surname, credit institution with which a current account is opened and relative IBAN code are visible; the Sender will also be asked to send a copy of his identity card or other valid document; as well as the header of the current account where name, surname, credit institution with which a current account is opened and relative IBAN code are visible.  

SiWeGO assumes no responsibility for the truthfulness of this information. The Carrier remains solely responsible for the declarations made and the Sender will always be required to verify - after booking a transport on the Site - the identity of the person who will physically present himself 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 so far indemnify SiWeGO from any liability deriving from the communication of false or incorrect data, as well as for any consequent damages, direct and indirect, patrimonial or otherwise, deriving from other Users as well as third parties.

Each User is allowed to create only one Account with the consequent prohibition of subsequently creating others, different from the first and attributable to the same person, unless expressly authorized in writing by the Company. Any multiple Accounts not authorized by SiWeGO will be immediately deleted, without the need for prior notification to the respective owners.

SiWeGO srl will process Users' personal data for the following purposes, relating to the contract stipulated between the company and third parties: 

  • for needs relating to authorization operations;

  • enabling and customizing access to the various areas and related contents of the application; 

  • for needs relating to the stipulation and execution of a contract at the request of the User himself and to implement a service or an operation within the scope of SiWeGO srl's activities;

  • For commercial development needs, customer relationship analysis and marketing, subject to the User's optional consent. For example, SiWeGO srl can send updates and information relating to products or promotions to the User's e-mail address.

Please consult the Terms and Conditions text, which can be found on the website www.siwego.com for a more detailed discussion of the methods of processing the data provided.

 

7. Credentials for access to the Reserved Area

When registering on the Platform and creating their Account, the User must choose the Credentials to access their Reserved Area. The User must diligently keep his Credentials and is solely and directly responsible in the event of loss or theft. SiWeGO is exempt from any liability and must be held harmless 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 through the Facebook or Google+ platforms; in this case the user will not have to choose any credentials as he will access directly through the profiles of the aforementioned social networks, authorizing the sending of the data necessary for registration on 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 in the various phases, as described above, directly by the agent himself. 

 

8. How to use the Platform and general features

The Senders can formulate a transport request, indicating: 

  • place and date of departure/collection of the goods/goods; 

  • place of arrival/delivery; 

  • dimensions and weight of the goods/goods; 

  • preference for a Carrier willing to be geolocated with a gps satellite system; 

  • maximum amount of the Contribution to expenses or of the proposed Consideration; 

  • preference for a professional courier (so-called Professional Carrier).

Once the aforementioned data has been entered and the search has started, the Platform software selects a series of Carriers available to perform the transport service requested by the Sender.

 

The Vectors, in turn they can formulate a transport offer, indicating: 

  • place and date of departure/collection of the goods/goods; 

  • place of arrival/delivery; the means of transport; availability for tracking with gps satellite system; 

  • belonging to the category of professional couriers (so-called Professional Carrier). Also in this case, once the aforementioned data has been entered and the search has started, the Platform software 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 demand/offer or whether to enter the data indicated above to carry out a simple search.

By viewing the various requests/offers published, Senders and Carriers can decide whether and which respective counterparty to contact, by selecting the appropriate function. SiWeGO does not guarantee correspondence between Users, limiting itself to showing transport offers and requests relating to the criteria entered respectively by Carriers and Senders.

After establishing contact, the Sender and the Carrier access a reserved area (or private chat), in which they view the summary of the selected transport demand/offer and have the opportunity to negotiate the terms and conditions in more detail. the transport conditions (methods, times, Contribution to expenses/Consideration, etc.), in order to reach an agreement.

Once the details of the agreement have been defined, the Platform software summarizes the essential points by automatically calculating the Commission for the Service due to SiWeGO pursuant to the previous point 3 of these Regulations. Subsequently, the Sender, through the payment system provided by Lemon Way, pays by credit card the sum agreed as Contribution to expenses or Consideration, depending on the type of Carrier (Easy or Professional), plus the Commission due to SiWeGO.

It should be noted that the payment to the Carrier will be made through the Lemon Way platform, of which the Sender accepts the general terms and conditions of use, as well as the related privacy policy and cookie policy at the time of making the payment through the platform SiWeGO, in this way, Lemon Way creates a technical ACCOUNT (wallet) relating to all payments. It also creates a Payment Account for each Carrier and one in the name of SiWeGO instead. The total sum paid by the Sender is therefore divided by Lemon Way into two parts: the part corresponding to the Contribution to expenses or Price agreed by the Users is temporarily deposited in the aforementioned Lemon Way technical portfolio, waiting to be automatically transferred to that of the Carrier when Lemon Way receives from the application the input confirming the arrival at the destination of the transported goods; the part corresponding to the Service Fee, on the other hand, is immediately transferred to SiWeGO's wallet/ACCOUNT, which then collects it by issuing an invoice to the Sender within 7 working days.

When the Carrier collects the goods/goods to be transported, the Sender provides him with a secret code in his possession, which the Carrier must enter in the appropriate field of the Siwego application to confirm that the goods have been taken over.

After taking charge of the goods, the Carrier will be able to authorize its tracking with the GPS satellite system; in this way, through the specific function of the application, the Sender can view the journey of the goods/goods sent within a digital map.

Subsequently, using the appropriate application command (delivery confirmation), the Sender will generate a second code and communicate it to the Recipient. The latter, when receiving the goods/goods, after having verified their integrity, discloses the code to the Carrier, who then enters it in the appropriate field of the application, thus proving that he has brought the goods/goods to their destination whole. At this point the Platform software notifies both Users that the good/merchandise has been delivered correctly and prompts Lemon way to immediately transfer the sum in the technical account to the Carrier's payment account.

The Carrier, on a monthly basis (30 working days) will obtain the transfer from its Lemon Way payment account to its bank account of the Contributions to expenses or Fees accrued. In order to be able to collect the aforementioned sums, the Carrier must send Lemon Way - through the appropriate function of the application - a copy of their identity card (in the case of a natural person) or of their chamber of commerce certificate (in the case of a legal person or sole proprietorship), as well as a copy of your bank account statement showing the name of the bank and the IBAN code. These data will be requested from the Carrier only during the first operation. Indeed, the Professional Carrier provides these data/documents to Lemon Way already during the online subscription contract signing phase, the consideration for which is in fact paid to SiWeGO by credit card through the system provided by Lemon Way.

 

Sender and Carrier may exercise the right of withdrawal from the transport contract. The terms and methods of exercising this right, as well as the provision of any penalties connected to it, are left to the free negotiation of Users within the private chat.

In the event of withdrawal by one of the parties to the transport contract, the Contribution to expenses/Contribution paid by the Sender will remain deposited in the Lemon Way technical account pending the parties agreeing 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 the withdrawal SiWeGO, in the absence of different indications from the interested Users, will give an impulse to Lemon Way so that the latter will reimburse the Sender.

In any case, SiWeGO will definitively retain the Commission for the Service already collected.

 

9. Rules for Senders

The Sender who agrees with a Carrier for a transport is required to pay, through the system provided by Lemon Way, the Contribution to the expenses/Consideration agreed.

The sums paid by the Sender to the Carrier via Lemon Way as Contribution to costs/Consideration are not available to SiWeGO. Therefore, any refund requests must be presented by the Sender directly to the Carrier, and possibly accepted by the latter. The Carrier will therefore authorize SiWeGO to reimburse the Sender in whole or in part through Lemon Way; except as provided by the penultimate paragraph of the previous point 9.

 

10. Rules for Carriers

The services provided by the Carriers to the Senders through the Platform may exclusively concern: transport of goods and/or merchandise, shipping, moving and ancillary or similar activities. Carriers are not allowed to use the Platform to carry out the sale of products or services other than the previous ones.

The offers sent by the Carriers to the Senders must include all foreseeable ancillary costs including VAT where applied, for which the Sender will find a separate indication based on the regulations in force regarding the transport of goods.

The Carrier is responsible for all tax obligations connected to the relationship with the Sender, in particular the payment of VAT if applied.

 

11. Use of the Platform by Carrier Easy 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 in contact, on a non-business and non-commercial basis, with people who wish to share their journey for the transport of the goods covered by the shipping.

As a Transporter, the user undertakes not to request a contribution to expenses that exceeds the costs actually incurred and which could generate a profit. The User is solely responsible for calculating the costs incurred for transportation. 

 

Users, who register on the Platform as Easy Carrier, may use the same Platform for the sole purpose of getting in touch with other Users, not exercising any professional and/or commercial activity, making themselves available for the mere spirit of courtesy and solidarity to deliver goods and objects of other Users and requesting from them only a Contribution to expenses, of a lump sum, aimed at partially amortising the costs incurred (deriving from the use of means of transport, tolls, fuel, maintenance of the vehicle, repairs, technical checks, wear and vehicle insurance). In consideration of the spirit of courtesy and solidarity that characterizes 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 relations of mere courtesy and solidarity, Carrier Easy cannot be considered a professional carrier. Between the Sender and the Easy Carrier there is therefore a contract of carriage free of charge which does not preclude the right to reimbursement of expenses. The Sender is aware that Easy Carrier is not a professional carrier. The Easy Carrier must in any case fulfill the obligations of the transport contract correctly and in good faith, with the diligence of a good father of a family.

 

SiWeGO reserves the right to notify the competent Authorities and carry out the Suspension of the Account of the Easy Carrier which, through the Platform, has carried out transport activities for commercial and/or professional purposes without having the necessary requisites.

 

SiWeGO provides through its own structure a Service of mere communication between Users, assisted by the payment instrument provided by Lemon Way, and will in no case interfere in the choice of places, times and delivery methods agreed by 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, not performing any function of intermediary and/or agent and/or job administration agency and the like. The Users themselves are therefore devoid of 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 only the Sender and the Easy Carrier; therefore, such Users thus far indemnify SiWeGO from any liability deriving from non-fulfilment and/or from an unlawful act, as well as for any consequent direct and indirect damages, patrimonial or otherwise, also with respect to third parties.

Following the registration of the Easy Carrier in the appropriate section of the Platform, no independent and/or subordinate employment relationship is established between the same and SiWeGO.

Finally, the registration of the Easy Carrier Account is permitted to natural persons of legal age.

 

12. Use of the Platform by the Professional Carrier

Users who register on the Platform as a Professional Carrier can use the Platform itself 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 activity, concluding transport with other Users, with the consequent right to payment of the indicated/agreed Price.

The Professional Carrier is considered a person who is carrying out a transport business; therefore, it undertakes to fulfill the related legal obligations; the Sender can demand the execution of such services. Carrier Professional is a company (sole proprietorship or company) recorded in the Register/Register of road hauliers and provided with an administrative Licence/Authorisation for this purpose, active in the supply of road haulage services of goods and/or goods on behalf of third parties, shipment, moving or ancillary and similar activities, including intermediation in the shipping sector (you can also have multiple types of licenses/authorizations and specify it in the appropriate "description" section of your profile on the Platform). The Professional Carrier guarantees, exempting SiWeGO from any liability, that it is in possession of all the legal requirements necessary to carry out the aforementioned activities professionally.

SiWeGO makes available to Users only the structure that provides a communication service between them, assisted by the payment instrument provided by Lemon Way, and will in no case interfere in the choice of places, times and delivery methods agreed 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, not performing any function of intermediary and/or agent and/or job administration agency and the like. The Users themselves are therefore devoid of 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 only the Sender and the Professional Carrier; therefore, such Users thus far indemnify SiWeGO from any liability deriving from non-fulfilment and/or from an illegal act, as well as for any consequent direct and indirect damages, patrimonial or otherwise, also with respect to third parties.

Following the registration of the Professional Carrier in the appropriate section of the Platform, no independent and/or subordinate employment relationship is established between the same and SiWeGO.

The Professional Carrier has the right to indicate to the Senders contacted through the Platform particular conditions of transport, specifying them in the "Description" section of its profile, provided that these conditions do not conflict with the Regulations of the Platform and do not violate the current provisions of the law.

Finally, the registration of the Professional Carrier Account is reserved for the owners of sole proprietorships or the legal representatives of companies carrying out goods and/or merchandise road haulage activities on behalf of third parties, or for 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 through which Shippers and Carriers can contact each other and agree on the transport of a specific good/goods to a specific Recipient.

It is the responsibility and exclusive competence of the parties to establish the methods, times and places of delivery, therefore, the Sender and the Carrier assume all risks relating to the delivery of the goods/goods, such as, by way of example and not limited to, cancellations or changes unforeseen and/or sudden. SiWeGO is exonerated from any responsibility regarding the 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. Payment system for transport services agreed online

The Sender, having concluded the agreement/contract with the Carrier who has agreed to carry out the transport with the methods agreed between the parties, pays the sum established by way of Contribution to expenses or Consideration (the latter inclusive of VAT), as well as the Commission for the Service rendered by SiWeGO through the payment system offered by Lemon Way.

For the Sender who has contacted and made use of an Easy Carrier, following the payment of the Contribution to the costs, a summary note will be digitally generated by the Platform indicating, among other things, the amount paid.

The Sender who has contacted and made use of a Professional Carrier, following the payment of the fee (including VAT if due), will be digitally generated by the Platform a summary note indicating, among other things, the amount paid. The tax receipt/invoice relating to the transport and not including the commissions for using the platform will be issued by the Professional Carrier and sent directly by them to the Sender in the manner agreed by them.

The Carrier, on a monthly basis (30 working days) will obtain the transfer from its Lemon Way account to its bank account of the Contributions to the expenses or Fees accrued. The payment of the amount due will take place exclusively through the integrated payment system provided by Lemon Way, excluding payments in cash or checks.

SiWeGO is exempt from any liability in the event of failure to transfer the sums present on the Lemon Way payment account of the Carrier to the bank account of the same User due to the failure or inaccurate communication of the data/documents requested by Lemon Way (in particular the bank name and current account details). These data/documents can be modified at a later time if necessary.

SiWeGO is exempt from any liability for damage caused to users in relation to the payment service offered by Lemon Way.

 

15. Commissions applied by SiWeGO to the Senders

A Commission will be charged to the Sender upon 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 through the Platform is equal to 7% of the amount of the Contribution to costs/Consideration agreed between the Sender and the Carrier, including VAT.

For clarity, the amount (in Euros) of the Commission will be viewable by the Sender in the appropriate summary sheet, in particular when the Contribution to expenses/Consideration agreed between the parties will be indicated.

The Commission will be paid by the Sender to SiWeGO through the payment system provided by Lemon Way upon conclusion of the agreement with the Carrier. The Commission will be collected by SiWeGO on the Lemon Way payment account in its name, different from the Lemon Way payment account into which the Contributions to the expenses/Fees due to the Carrier and in its name will be paid. The Commissions will be invoiced to the Sender for each individual 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 towards individual Senders. 

SiWeGO, for promotional purposes, reserves the possibility for an initial period not to apply the aforementioned commission. The duration of this period will be adequately communicated to Users who will subsequently be notified of the moment from which the commission will start to be applied.

The possible introduction of this promotion, its duration and possible extension of the same will be decided by SiWeGO on the basis of strictly commercial evaluations and therefore not subject to any complaints by Users.

16. SiWeGO third party 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 towards SiWeGO, except for the right of the same to pay the Commission for the use of the Platform towards the Sender. 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 breach or incorrect fulfillment of the respective obligations by the contracting parties.

The Sender and / or the Carrier, on their own and / or jointly and severally, must indemnify SiWeGO from any claims made by third parties for any reason in relation to all stages of the transport.

 

17. SiWeGO disclaimer on 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 harmless from all expenses incurred to resist in any criminal / civil / administrative proceedings before the competent authorities in relation to the contents of the package, as well as from any convictions for damages or to the payment of financial penalties reported on the outcome of said proceedings.

The request for shipment of goods whose transport requires prior authorization by the Public Safety Authority is not authorized, 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 prosecuted, such as, by way of example and not limited to: drugs, child pornography, protected animals, works of art of illicit origin, etc.

Carrier Users are expressly prohibited from opening packages to preserve the confidentiality of their content. SiWeGO and the Carrier are exempt 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 any identification of the Sender and / or the Carrier to the Judicial and / or Administrative and / or Public Security Authorities who request it for reasons of justice or public order.

The Sender is directly and exclusively responsible for the correct execution of the packaging procedure; the same indemnifies SiWeGO and the Carrier from 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 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 and / or loss of the goods. Failure to report defects implies acceptance of the package by the Carrier, which thus declares its integrity.

The Carrier User is obliged to keep the package until the moment of delivery, adopting all the necessary precautions to preserve its integrity and content, in order to avoid damage or loss of the package itself and the goods contained therein. It is the Carrier's responsibility to prove that it has taken all suitable measures to avoid the loss or damage of the package and its contents.

By accepting these general terms and conditions, the Carrier relieves itself of any liability and undertakes to hold SiWeGO harmless from the claims made by the Sender against the Company itself as a result of damage / damage and / or loss / loss and / or tampering with the package and the goods he had in custody. The Carrier must therefore arrange to repair the damage suffered by the Sender in the ways and limits established by law, also pursuant to Articles 1223 and 2051 cc. The Company is in any case exonerated from any liability relating to damage and / or tampering and / or loss 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 burden of refusing it, requesting its return to the Sender at the expense of the Carrier.

In the event of disputes relating to non-delivery and / or damage to the package, the Carrier has always without prejudice to the right to present its defense arguments to the Sender and to protect its interests in the competent judicial offices.

All possible disputes relating to damage / tampering / 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 to make his complaints and / or claims for compensation.

 

18. SiWeGO disclaimer on 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 between them.

The Sender guarantees the correctness of the information communicated to the Carrier to make the delivery, relieving the same and SiWeGO from any responsibility for the failure and / or delay in delivery of the goods / 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 goods / goods, the Carrier may present its defensive arguments and protect its interests with respect to the Sender in the competent offices.

Any disputes relating to the late or non-delivery of the goods / goods must be resolved exclusively between the Sender and the Carrier. SiWeGO will be required to provide the Sender who requests it with the complete details of the Carrier in order to contact him to make his complaints and / or claims for compensation.

 

19. Disclaimer

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 indemnify and hold harmless the Company from and against. any damage, loss or expense of any kind (including reasonable legal fees and costs) arising from such litigation. Furthermore, the User agrees to indemnify and hold SiWeGO harmless from and against all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with ( i) your breach of these Terms, (ii) your misuse of the Services, (iii) your interaction with any other user, or (iv) your breach of laws, regulations or rights of third parties.

SiWeGO undertakes to keep the Services active, error-free and secure, but you agree to use them at your own risk. The Services are provided as is, without any express or implied warranties, including, but not limited to, warranties of fitness 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 discontinue 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.

19.1. Other SiWeGO disclaimers

SiWeGO is not responsible for direct, indirect, incidental or consequential damages resulting to Users from accessing or using the Platform itself. 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 by accessing the website www.siwego.com, its exploration or downloading of data as well as the use of the application.

For no reason SiWeGO can be held responsible for the loss or damage of Users data deriving 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, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes and any other unpredictable and exceptional cause that prevent provide Users with the Platform Services.

Users are responsible for the content they publish on the Platform. SiWeGO is not required to verify such contents and, therefore, declines any responsibility regarding them.

Except in the case of willful misconduct or gross negligence, SiWeGO cannot be held responsible for losses (following is an example list: 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 here.

By accepting these general terms and conditions, the User undertakes to indemnify and hold SiWeGO harmless from any claim or request, including legal fees, made by third parties and caused 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 arising from websites or third party content to which the User is accessed, directly or indirectly, through the links on the site www.siwego.com

 

20. User Behavior

In using the Platform, Users undertake to adopt a collaborative behavior 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 to Italian law.

The laws referred to - expressly or implicitly - in this section are mandatory and therefore must be known, respected and applied by the Users.

Any information or material published or provided by 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 such information or materials; therefore the Company declines any responsibility regarding them.

It is absolutely forbidden to use the Platform to publish information or material for which you do not possess the licenses or authorizations required by law, having an obscene, offensive, pornographic, defamatory, vulgar nature and which may have any unlawful relevance from a criminal, civil or administrative. SiWeGO will provide full support to the competent authorities in order to punish any 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 behavior 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 information purposes, that the transport of some goods (e.g. dangerous, flammable, explosive, corrosive, polluting goods, etc.) can be regulated by special and specific laws. It is therefore the responsibility of Senders and Carriers to inform themselves in advance about the sector regulations 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 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 the Commissions due to SiWeGO. The Company reserves the right to make compensation claims for any damage caused to it by improper conduct of the Users, as well as to proceed with the immediate Removal of the related Accounts.

 

21. Feedback

The SiWeGO Platform makes available an evaluation mechanism (feedback) through which the Sender expresses an opinion on the transport service received by the Carrier.

The evaluation judgment (feedback) is substantiated by 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.

 

22. 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 to allow for the execution of ordinary or extraordinary maintenance that may be appropriate and / or necessary. In such 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. They also acknowledge and accept that they will not be able to make any request for compensation, reimbursement or compensation against SiWeGO for the period of time in which they have not been able to use the Services.

 

23. Protection of Users data and contents of their respective Accounts

SiWeGO uses the latest generation SSL / TLS certificates and state-of-the-art software to protect the data provided by Users. SiWeGO is exonerated and is expressly released from any liability relating to the security of such data and the contents of the Accounts in the event of malfunction and / or tampering by third parties of the aforementioned certificates.

With regard to payment data, the responsibility for the security of their transmission is the exclusive responsibility of the Lemon Way company, the only person entitled to manage economic transactions.

 

24. Authorizations, Copyright and Intellectual Property

The entire Platform, including graphics and content, is protected by Italian and International Copyright laws and SiWeGO holds all 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 for by the current applicable legislation on intellectual property and copyright law. It is expressly forbidden to reproduce the SiWeGO trademark in any form without the express authorization of the Company itself. To agree on specific authorizations for the use of brands and trademarks, it is possible to send a written request to SiWeGO by e-mail to the address info@siwego.com.

 

25. Partial nullity

The invalidity or ineffectiveness of one or more clauses is limited to the same / and, not affecting the validity of the entire contractual text.

 

26. Agreements 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 damage suffered in relation to these Services.

SiWeGO has the right to change the payment service provider as well as to use other third parties for different types of services, whose contractual conditions will be made available to Users who must accept them.

 

27. Transfer of the contract

SiWeGO has the right to transfer this contract to third parties without the obligation to give reasons, communicating this intention to Users by e-mail. 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 address within fifteen days of receiving the news. The account of the withdrawn users will be removed.

 

28. Complaints

Users can complain about the Services offered by SiWeGO by writing to the e-mail address info@siwego.com, clearly and precisely illustrating the problems encountered in accessing and / or using them, in order to allow the Company to intervene and remedy them promptly.

 

29. Applicable law and competent court

Although not expressly provided for in these terms and conditions of use, the Services provided by the SiWeGO Platform are governed by current national laws.

The competent court for consumers is that provided for by Legislative Decree 6 September 2005 n. 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).

 

30. Information on the processing of personal data

The User authorizes SiWeGO to use their personal data pursuant to Legislative Decree. 196/2003, as amended and integrated by the European Regulation 679/2016 and declares to have received the information on the treatment.

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