These general terms and conditions govern the use and access to the service provided by PEERPACK.
The service provided is based on a collaborative consumption model, which is available at www.PEERPACK.xyz
1. Key terms
"Site" means the web site through which PEERPACK provides the service to the users.
"Service" or "PEERPACK Service" means the online service through which a person
- Who intends to send an item,
- Another one who intends to receive it, and
- A third person travelling from one point to another, are put in contact for the delivery of an item.
"Platform" means the online service platform through which the Service is provided.
"Platform fee" means the specific amount of money that is going to charge to the PEERPACK' s Members for all administrative expenses resulting from the use of its Service.
"Conditions" means these General Terms and Conditions.
"Carrier" means the natural person who will carry the item from a place to another, as requested by the Shipper/Buyer. As further explained below, in certain cases he/she may also act as Shopper.
"Shipper" means the natural person who requests the transportation of the item.
"Recipient" means the natural person who will finally receive the item from the Shipper (through the Carrier)
"Buyer" means the natural person who requests the Shopper to purchase and transport the item to another place.
"Shopper" means the natural person who will buy and carry the item from a place to another, as requested by the Buyer. The Shopper will also be considered as the Carrier, as explained in Sections below.
"Request" means the request of (i) carrying and, where applicable, (ii) buying an item and transporting it to another place as solicited by the Shipper or Buyer, respectively.
"Shipment" or "Item" means: (i) the item which will be sent by the Shipper by means of the Carrier to the Recipient; and (ii) the item that will be purchased and carried by the Shopper, as requested by the Buyer.
"Delivery fee" means the specific amount of money that the Shipper/Buyer is going to pay to the Carrier/Shopper for the performance of the Request.
"Member"," User" or "You" means any person with a registered account in the PEERPACK's application and Site.
"Picture" means the picture of the Item that the Shipper has to take and post on his/her profile account for the transportation of the Item.
"Destination point" means the location where the Shipment has to be finally delivered specified by the Shipper or Buyer on the Request.
"Departure point" means the location from which the Shipment will be sent.
"Means of transport" means the means of transport used by the Carrier or Shopper to carry the Shipment to the Destination point (i.e., plane, car or train).
"Confirmation Code" means the number that will be generated once the Carrier/Shopper has officially accepted the Buyer's or Shipper's Request and that will be necessary for the successful completion of the delivery.
"PEERPACK Number" means the number associated to each Request.
"Declared Value" means the value indicated by the Shipper/Buyer on the Request, constituting the maximum amount of the Shopper's/Carrier's liability in connection with the transportation and, where applicable, purchase of the Shipment.
2. How the Platform Works
The Platform, based on a collaboration consumption model, is an online Platform through which the Service is provided, that can only be used to facilitate a matching service between people:
- Who intend to send a Shipment ("Shipper") to a specific location ("Destination point") that are put in contact with people who have planned to travel, by plane, car or train, ("Carrier") to that specific location, and who are willing to carry the Shipment that will be received by a person at the Destination point ("Recipient"); or.
- Who want to purchase a Shipment ("Buyer") in a specific location ("Departure point") that are put in contact with people who have planned to travel, by plane, car or train, from the Departure point to the Buyer's location ("Destination point"), and who are willing to purchase ("Shopper") the Item on behalf of the Buyer, and carry the Shipment that will be received by the Buyer at the Destination point.
In light of the above, PEERPACK makes available to Users an online platform with related technology for Shippers, Shoppers, Buyers, Carriers and Recipients to meet through the APP, and to facilitate a matching service for those Users to arrange the delivery of Shipments directly with each other.
Moreover, for the execution of the delivery, Carrier/Shopper can choose between three different means of transport (car, plane or train), subject each of them to specific requirements and prohibitions, as further explained below.
3. Terms of Service
The Service compromise an online platform through which Members may create listings aimed to send, receive, carry and, where applicable, buy a specific Item. The Members understand and agree that PEERPACK is not a party to any agreements, contracts or relationships of any nature, entered into between Parties and therefore PEERPACK cannot be liable for the mentioned agreements, contracts or relationships of any nature since the latter is solely an intermediary platform and its liability can only be derived from the functioning and availability of the application.
You acknowledge and agree that, by accessing or using the Site and the PEERPACK Platform, or by becoming a Member, you will be indicating that you have read, understood and agreed to be bound by these Conditions. Please read them carefully. By using the Site and the Service the Member agrees
- To fully comply with these Conditions,
- Not to use the Site nor the Service for any commercial purpose, and he/she recognizes
- That PEERPACK is not party to any agreements, contracts or relationships of any nature entered into between the Members.
In addition, the Member understands and agrees that his/her relationship with PEERPACK is limited to being a Member and he/she acts exclusively on his/her own behalf when using the Service. PEERPACK does not control, including but not limited to, the Requests, travels, offline activities, the Shipment choice, development and completion, nor the validity, truthfulness or legality of the information published.
PEERPACK is an intermediary platform that does not provide any transport service and does not act in the capacity of Carrier, Shipper, Shopper, Buyer and Recipient. PEERPACK only facilitates access to the Platform.
Members of the Service, agree not to do anything to create a false impression that they are endorsed by, partnering with, or acting on behalf of or for the benefit of PEERPACK, including by inappropriately using any PEERPACK intellectual or industrial property.
Besides, Users agree to use the Service and the Platform only to be put in contact, on a non-business and non-commercial basis only for their personal use.
4. Modification / Updates
PEERPACK may modify the Site or these Conditions, including the Platform Fees. If we modify these Conditions or the Platform Fees, we will post the modification on the site and provide the Members a notice of the modification. The Members continued access or use of the Site will constitute acceptance of the modified Conditions.
5. Account Registration
In order to have access to the PEERPACK Platform, this means, to send, carry, receive and, where applicable, purchase a Shipment, the Users must create an account ("PEERPACK Account"), and become a Member. Users may register to join the Service directly via the the Site or as described below.
The Member shall be liable for any expenses and damages caused by access to the APP, Site and Service by any third party who uses Member's password(s) and user name(s) due to careless use or loss of same.
The Member shall not provide inaccurate, fraudulent, incomplete or otherwise information that could be considered as a violation of these Conditions. PEERPACK reserves the right to suspend or remove Member's PEERPACK Account and their access to the application/Site.
6. Eligibility / Access restrictions
The application, the Site and the Service are intended solely for persons who are 18 or older and in full possession of their physical and mental capacities. Any participation on the Service, access to or use of the APP, Site or the Service by anyone under 18, and/or without the full possession of their physical and mental capacities, is expressly prohibited. By participating, accessing or using the APP, the Site and the Service the Members represent and warrant that they are 18 or older and that they are in full possession of their physical and mental capacities.
For the execution of the delivery, the Shipper, Shopper, Buyer, Carrier and Recipient (collectively, the "Parties") must be dully registered and comply, respectively, at least, with the obligations and restrictions described throughout these Conditions. For the Parties convenience, please see below the main obligations applicable to each Party, following the two possible factual scenarios 1 and 2 explained in Section 2 above.
7.1. The Shipper
Once registered, the Shipper must carry out a thorough evaluation of the Shipment that he/she is willing to send, in terms of weight and size, price, customs legal restrictions, and any other legal applicable restriction, as further described below in Section 8. This evaluation should be carefully carried out so as to avoid any potential risk that may arise from the execution of the Request.
After the Shipper has the certainty that the Shipment can be sent, the latter must dully complete the specific form where he/she must
- Describe the Shipment as required (e.g., including the Declared Value of the Item, the Shipment fee, the timing of delivery, Destination, etc.)
- Take a picture of the Item. The Shipper acknowledges that he/she must be sufficiently solvent to be able to cover the relevant Shipment fee. Concerning the Declared Value and/or the Shipment fee, the Shipper must accept that it is strictly prohibited to profit in any way from using the service. Therefore, the Shipper agrees to reflect the fair and market value of the Item.
Upon the match between the Carrier and the Shipper, a confirmation code will be generated. This code must be sent to the Recipient for the proper termination of the delivery. The Shipper is obliged to keep secret and safe the confirmation code secret.
7.2. The Carrier
The Carrier is obliged to make available his/her travel details required (such as, flight number, train number, etc.) so as to carry out the Shipper's Request (i.e., carry out the relevant Shipment).
- Included the above information,
- Selected a potential Shipment to be carried and,
- Arranged all the details related to the Shipment with the Shipper, the Carrier will be required to perform an on-site thorough evaluation of the Shipment bearing in mind the existing legal and technical restrictions as explained below.
- Upon the evaluation, the Carrier reserves the right to reject the Shipment based on the legal limitations, reasons of security or safety, etc.
The Carrier acknowledges that he/she must be sufficiently solvent so as to be able to cover the relevant Declared Value.
Once accepted the performance of the delivery and until the official delivery of the Item takes place at the Destination point, the Carrier will be obliged to
- Carry the Shipment with due diligence avoiding any potential damage or loss of the Item,
- Comply with the instructions given by the Shipper,
- And finally deliver the Shipment as agreed by the Parties.
7.3 The Recipient.
In the event the Shipment does not meet with the Recipient's expectations the latter would not be obliged to provide the Carrier with the confirmation code and, hence the Platform fees would not be paid to the Carrier.
- After registration, the Recipient will be obliged to arrange a meeting with the Carrier.
- Check that the Shipment is as expected (e.g., has not suffered any damages) and, if so, provide the confirmation code to the Carrier so as to successfully complete the Request.
7.4 The Shopper.
Under this context, the Shopper would be the natural person who will buy and carry a specific Item from a place to another, as requested by the Buyer. To that end, the Shopper would be subject to the same obligations that those applicable to the Carrier. Furthermore, the Shopper will be subject to the following obligations:
- Once registered, the Shopper would be obliged to make available his/her travel details required (such as, flight number, train number, etc.).
- After including the above information, the Shopper will assess the potential Shipment to be purchased and carried taken into account the existent legal and technical limitations. If accepted, the Shopper will arrange all the details related to the Shipment with the Shipper.
- The Shopper acknowledges that he/she must be sufficiently solvent so to be able to cover the price of the Item.
- The Shopper shall carry the purchase following the instructions given by the Buyer and keep the original and stamped purchase receipt from the Store.
- The Shopper will be obliged to carry the Shipment and the purchase receipt with due diligence avoiding any potential damage or lost, and deliver the Shipment and the receipt as agreed.
7.5 The Buyer.
Under this context the Buyer would be the natural person who will request the purchase and carry of a specific Item from a place to his/her location. To that end, the Buyer will act as a Shipper and Recipient since he/she will request and receive an Item, but subject to these specific obligations:
- The Buyer is obliged to carry out a thorough evaluation of the Shipment that he/she is willing to purchase and receive, in terms of weight and size, price, customs legal restrictions, and any other legal applicable restriction, as further described below in Section 8.
- Having the certainty that the Shipment can be purchased and sent, complete the specific form describing the Item to be purchased (e.g., price, size, model, store, Shipment fee, etc.).
- Arrange the meeting with the Shopper.
- Check the purchased Item and the purchase receipt.
- If the Shipment meets the order specifications, provide the confirmation code to the Shopper.
The Parties acknowledge that in case of cancellation of the Request, they should notify such circumstance to PEERPACK and agree between them the terms of the Item's return.
The parties agree that PEERPACK is an intermediary platform that does not provide any transport service and does not act in the capacity of Shipper, Shopper, Buyer, Carrier and Recipient and therefore its liability can only be derived from the functioning and availability of the APP.
All Members when using the Platform agree to be fully and properly informed about all the legal obligations and restrictions of each country (both in the country from which the Shipment is sent/purchased and in the Destination point, provided that both locations are placed in different countries). In this sense, Parties must comply, including but not limited to, with all the technical and legal obligations and restrictions imposed by
(i) the relevant countries regulation, paying special attention to national customs rules,
(ii) the means of transport used by the Carrier/Shopper (this means, the Parties are obliged to comply with the specific restrictions imposed by airlines, airports, train companies, renting vehicles, etc.). As way of example, please see some customs rules where you can find those specific prohibited Items for countries such as US, China, KSA.
The Shipper/Buyer agrees that the declared value of the Shipment to be sent/purchased cannot, in any case exceed the amount of Euros 9,999.00. Likewise, the Shipment fee paid to the Carrier/Shopper must not exceed, in any case, the amount of Euros 999.00.
PEERPACK as a mere intermediary Platform has no access, in any case, to the Shipment. Under no circumstances, PEERPACK will be considered as owner of the Shipment or its contents. PEERPACK cannot and does not control the content of the Shipment and the condition, legality or suitability of any Shipment. PEERPACK is not responsible for and disclaims all liability related to any and all shipments. Any Request will be made or accepted at the Members' own risk. Unless explicitly specified otherwise in the PEERPACK platform, PEERPACK's responsibilities are limited to the correct functioning of the application and its service to the interested parties.
9. Undeliverable or defective Shipments
9.1. The Non-Delivery of the Shipment
As commented above the Carrier/Shopper shall perform the delivery of the item with due diligence. In case there is a non-delivery of the Item in the time and place agreed with the Shipper/Buyer as a consequence of the lack of such due diligence, the liability derived from the non-delivery will be, as a general rule, of the Carrier/Shopper.
If the non-delivery occurs as a result of third party's intervention (e.g., Airline Company, police or custom, etc.) the liability will be determined on a case by case basis upon investigation carried out by PEERPACK. In any case, the Carrier/Shopper must provide official evidence of the above.
If the Carrier/Shopper cannot make the delivery due to the non-fulfillment of the Recipient/Buyer (i.e., if the Recipient/Buyer is not at the meeting point as planned), the Carrier will hold the Item for a period of 7 days. In the event that the Recipient/Buyer does not claim the Item within the mentioned period of time, PEERPACK will assume the fees for the transport of the Item to the Departure point by means of the PEERPACK platform.
9.2. Defective product
As commented above the Carrier/Shopper shall perform the delivery of the item with due diligence. In case there is a defective delivery of the Item as a consequence of the lack of such due diligence, the liability arising from the delivery of a defective Item to the Recipient/Buyer will be, as a general rule, of the Carrier/Shopper.
If the damages have been caused by a third party (e.g., Airline Company) PEERPACK will carry out an investigation in order to determine the liability corresponding to each Member. In any case, the Carrier/Shopper must provide official evidence of the above.
10.1 Shipment fee and declared value
The Parties acknowledge and agree that it is strictly prohibited to profit in any way from using the PEERPACK Service.
The Declared Value, as the value indicated by the Shipper/Buyer on the Request, constitutes the maximum amount of the Shopper's/Carrier's liability in connection with the transportation and, where applicable, the purchase of the Shipment. Please note that it is not permitted under these Conditions the transport of an Item which its value exceeds the amount of Euros 99,999.00. The Members agree to determine the Declared Value in accordance with the fair and market value of the Shipment. Otherwise, the Members will bear the risks of revaluation of the transaction completed via the Platform.
Concerning the Shipment fee determined on the Request, the Shipper/Buyer shall not set a fee that exceeds, in any case, the amount of Euros 999.00. For setting the Shipment fee, PEERPACK will suggest the Shipper/Buyer to establish a Shipment fee equivalent to the 10% of the Declared Value of the Shipment. This amount is given purely as a guideline and it is up to the Shipper/Buyer to increase it.
10.2 Platform fee
PEERPACK will charge the Platform fees calculated on the basis of the Shipment fee. 20% of the shipping fee will be charged by PEERPACK for its services.
10.3 Payment requirements
For the execution of the service, and hence, for the completion of the Request, Members shall include their bank account details or their PayPal information. In this sense, Members acknowledge that they are solvent enough to fulfil their payment obligations. In this sense,
- The Shipper/Buyer acknowledges that he/she is sufficiently solvent so as to be able to cover the relevant Shipment fee for the transportation and/or the purchase of the Item;
- The Carrier/Shopper acknowledges that he/she is sufficiently solvent so as to be able to cover the relevant Declared Value of the Item to be transported; and
- The Buyer acknowledges that he/she is sufficiently solvent so as to be able to pay the price of the Item purchased by the Shopper.
Having complied with the above requirements, the respective amounts to be covered depending on the role of the Member (this means, the Shipment fee to be covered by the Shipper/Buyer and the declared value to be covered by the Shopper/Carrier) will be withhold through the Stripe payment platform.
Upon confirmation that the delivery has been successfully completed, the Parties will receive the corresponding amounts. In other words,
- The Shipment fee will be formally discounted from the Shipper's/Buyer's Credit card;
- The Shipment fee will be formally transferred to the Carrier's/Shopper's bank or PayPal account;
- The Declared value of the Item withheld will be returned to the Carrier's/Shopper's Credit card; and
- The Item's price will be transferred to the Shopper.
In the event, that the delivery is not carried out as expected, either due to the non-delivery of the Item, the costs generated will be assume as follows:
- In case there is a non-delivery of the Item as a consequence of the lack of due diligence by the Carrier/Shopper, the liability derived from the non-delivery of the Item will be, imposed to the Carrier/Shopper, and hence, the amount corresponding to the relevant Declared value will be charged from his/her Credit card. The Shipment fee will be returned to the Shipper/Buyer.
- If the non-delivery occurs as a result of a third party's intervention (e.g., airline company, police or custom intervention, etc.) the liability will be determined on a case by case basis upon investigation carried out by PEERPACK. In any case, the Carrier/Shopper must provide official evidence of the above.
- If the Carrier/Shopper can not make the delivery due to non-fulfillment of the Recipient/Buyer (i.e., if the Recipient/Buyer is not at the meeting point as planned), and following the 7 days period within which the recipient may claim the Item, the Shipment fee will be dully paid to the Carrier/Shopper bank or PayPal account. PEERPACK will assume the fees for the transport of the Item to the Departure point by means of the PEERPACK platform.
10.4.2 Defective product
In case there is defective delivery of the Item as a consequence of the lack of due diligence by the Carrier/Shopper, the liability derived from the defective delivery of the Item will be, imposed to the Carrier/Shopper, and hence, the amount corresponding to the relevant Declared value will be charged from his/her Credit card. The Shipment fee will be returned to the Shipper/Buyer.
If the damages have been caused by a third party (e.g., Airline Company) PEERPACK will be carried out an investigation in order to determine the liability corresponding to each Member. In any case, the Carrier/Shopper must provide official evidence of the above.
In the event that the Parties cancel the Request, they should agree the terms of the Item's return and notify PEERPACK the cancellation of the service so as to proceed with the return of the withheld amounts.
The parties agree that PEERPACK is an intermediary platform that does not provide any transport service and does not act in the capacity of Shipper, Shopper, Buyer, Carrier and Recipient and therefore its liability can only be derived from the functioning and availability of the application.
11. Right of withdrawal
Pursuant to the applicable regulation you have the right of withdrawal. However, the right of withdrawal would not be applicable, and you accept that you do not have that right from the moment that the Shipper/Buyer and Carrier/Shopper agrees the performance of the delivery, since the purpose of Platform which is putting Members in contact, has been fully executed.
Responsibility for browsing and use of the application and/or Site.
The Members are obliged to use the services, information and materials of the application and/or Site of PEERPACK in conformity with the law and these Conditions. In no case may your use of the application and/or Site violate laws in force, morality, accepted customs or public order, and you must at all times make proper and legal use of the services, information and materials of the application and/or Site.
As a user, you may:
- Access and browse, free of charge and without the need for prior authorization, the materials and services of the application and/or Site; and
- Utilize the services and materials of the application and/or Site exclusively for private use.
In no case may you engage in the following activities:
a. Disseminating content or propaganda of a racist, xenophobic, pornographic, obscene, or derogatory nature; or which incites or promotes the commission of criminal, violent, defamatory or degrading acts for reasons of age, gender, religion or beliefs; or which commits, promotes or incites, directly or indirectly, justification of terrorism; or which contravenes the human rights and fundamental rights and liberties of third parties, legislation in force, morality, accepted customs or public order; or for injurious purposes which could harm, damage or impede in any way access to same to the detriment of PEERPACK or third parties.
b. Carrying out acts that violate the Intellectual Property rights of their legitimate owners.
c. Causing damage to the computer systems of PEERPACK, its suppliers or third parties, and/or introducing or spreading computer viruses, harmful code or software or other types of systems which might result in any of the following: damage to or alteration of computers systems; unauthorized alteration of the content, programs or systems accessible through the materials or services of the application and/or Site, or of the information systems, files and computer equipment of users of same; unauthorized access to any materials and services of the application and/or Site.
d. Transmitting advertising by any means and, especially by sending electronic messages, when transmission of the advertising has not been requested or authorized by the recipient.
e. Utilizing the APP, Site and/or the Service, wholly or in part, to promote, sell, contract, disseminate one's own advertising or that of third parties without prior written authorization from PEERPACK, or including hyperlinks on private or commercial websites to the application and/or Site, except with the express authorization of PEERPACK.
f. Utilizing the Service and materials offered through the application and/or Site in a manner contrary to the Conditions that regulate the use of a particular service and/or content in detriment or in a manner that undermines the rights of other users.
g. Eliminating or modifying in any way the protection and/or identification mechanisms of PEERPACK or its legitimate owners which may be present on the application and/or Site, or the symbols, logos or brands that PEERPACK or legitimate third-party holders of the rights may attach to their creations and which may be covered by intellectual property rights.
h. Including on web pages and/or applications under the responsibility of or owned by you or third parties, without prior and written authorization from PEERPACK, unauthorized "metatags" corresponding to the PEERPACK's brands, logos, trade names or distinguishing marks; or utilizing brands, logos, trade names or any other type of identifying mark subject to intellectual property rights without the prior, express and written authorization of their legitimate holder.
i. Including on web pages and/or applications under your responsibility or ownership a hyperlink that generates a window or a software browsing session employed users of your website and which includes brands, trade names or distinguishing marks owned by you and through which the application and/or Siteº is displayed.
The Member shall be liable to PEERPACK, or to third parties, for any damages of any type that may be caused as a consequence of failure to comply with or observe, directly or indirectly, these Conditions. PEERPACK shall act at all times so as to ensure respect for the legal framework in force and could deny, wholly or in part, at any time and without the need for prior notice, access by any user to the application and/or Site whenever one or more of the circumstances described in this clause apply.
13. Verification system
Please note that in order to increase trustworthiness, prevent typos and wrong information, PEERPACK may, at any time, control and verify the information provided (in particular, personal and travel information), by Members. The Members acknowledge to give real, accurate and, in no circumstances, fraudulent, not current or incomplete information about you, the travel, the Shipment and/or any other relevant information for the performance of the Service. To do so, PEERPACK will required Members to upload a copy of their Identification Document (e.g., national identification document or passport).
Please be informed that PEERPACK will have the right to deny, reject and/or cancel any Member account which may breach the abovementioned information requirements.
PEERPACK makes available a system through which Members may qualify and review the performance of the PEERPACK Service carried out by any Member. In this sense, PEERPACK encourages Users to qualify the PEERPACK Service in general, and to post any comment and/or opinion about:
- The Carrier (in the event that you are the Shipper) or about a Shipper (in case you are the Carrier); or
- The Shopper (in the event that you are the Buyer) or about the Buyer (in case you are the Shopper).
- The Carrier (in the event that you are the Recipient/Buyer) or about the Recipient (in case you are the Carrier/Buyer).
Your opinion, as well as the opinions published by other Member about you, will be published on your personal wall so that they can be viewed and taken into account by all Members. Please be informed that PEERPACK may have the right to remove any comment/opinion that may be considered as disproportionate, illegal, or otherwise breaches these Conditions. The application and/or Site may include information or contents provided by sources from outside PEERPACK, including information provided by the Users. PEERPACK does not guarantee, nor accept any responsibility for, the truthfulness, integrity or exactness of such information and/or contents.
16.1 Intellectual and Industrial Property
All material and information in PEERPACK's application and/or the Site are subject to current law on intellectual and/or industrial property. The rights to the material and other elements that appear in the application and/or the Site (including, although not limited to, drawings, text, graphics, photographs, audio, video, software, distinctive signs, etc.) belong to PEERPACK or, in some cases, to third parties that have licensed or transferred these to PEERPACK. PEERPACK also owns the rights to its logos, trading names, domains and trademarks.
Access to or browsing in the application and/or the Site, use, locating or downloading material and/or use of the Services by the Members may in no case be understood to imply that PEERPACK or the owner of the rights, as the case may be, waives, transfers or licenses, in whole or in part, the rights indicated above.
Consequently, Members may not delete, avoid or manipulate notifications of author’s rights (“copyright”) or any other data incorporated into the Service identifying PEERPACK's rights or the rights of others, nor delete, avoid or manipulate technical protection devices or any information and/or identification mechanisms incorporated in them.
In particular, the incorporation, in whole or in part, of any material or elements in the application and/or the Site that are not part of this Website is strictly forbidden without prior written authorization by the owner of the Website.
References to trading names, trade marks, registered trade marks, logotypes or other distinctive signs, whether the property of PEERPACK or of other companies, imply that such may not be used without the consent of PEERPACK or their legitimate owners. At no time, unless expressly stated, does access to or use of the application and/or the Site confer the Members any rights to the trademarks, logotypes and/or distinctive signs included therein and protected by law.
All rights to intellectual and industrial property are reserved, and in particular, the contents, elements and products, as the case may be, included in the application and/or the Site may not be modified, attached, copied, reused, exploited in any way, reproduced, transformed, duplicated, subtitled, ceded, sold, hired, lent, publicly communicated, republished on a second or later occasion, incorporated into files, sent by post, transmitted, used, treated or distributed in any way for public or commercial use without express written authorization from PEERPACK or the owner of the rights, as the case may be.
If an action or omission, whether deliberate or due to negligence, attributable directly or indirectly to a Member of the Service, infringes PEERPACK's intellectual and industrial property rights or those of a third party and this causes PEERPACK to suffer damage, losses, joint responsibilities, expenses of any nature, sanctions, coercive measures, fines or other payments arising from or derived from any claim, demand, action, lawsuit or process, whether civil, penal or administrative, PEERPACK shall have the right to act against said Member using all legal means at its disposal and to claim any quantities corresponding to indemnities, moral damage or damage to its image, consequential damages and lost profits, publicity costs or any other types of cost that may be required to repair the damage, amounts corresponding to sanctions or convictions, interest for late payment, the costs of financing all pecuniary penalties suffered by the PEERPACK, legal and defence costs (including those of solicitors and lawyers) in any process in which PEERPACK has sued for the reasons described above for damages and prejudicial consequences caused by the act or omission, without detriment to the right to exercise any other acts to which PEERPACK has a legal right.
In addition to the above, the Members warrant that the Item which will be sent by means of the Carrier/Shopper will respect the current law on intellectual and/or industrial property
16.2 Pictures uploaded to the application and/or the Site
The Members may not use or publish images that infringe the rights of third parties or any applicable law, including illegal, obscene, pornographic, abusive, defamatory, misleading, racist, moral or public order content, or that incites the commission of unlawful, pornographic, abusive, defamatory, misleading, racist or xenophobic activities, or those that result in discrimination of any physical person. Mentions that include rude language or insults will not be accepted.
The Members expressly warrant the ownership and originality of any of the images uploaded to the application and/or the Site. In this sense, the Members acknowledge that they will not use any content that they do not have a legal right to reproduce, distribute, adapt, copy, attach or place at the disposition of third parties. All pictures uploaded to the application and/or the Site shall be considered to have been ceded to PEERPACK at no charge, for the maximum time permitted and throughout the world, and may be used by PEERPACK within the limits established by applicable regulations, with no obligations as regards confidentiality of said contents or information.
Given the enormous quantity of information that can be stored in the application and/or the Site, it is impossible for PEERPACK to verify the originality of the contents submitted by a user or to check that third-parties’ rights have not been infringed; the user is solely responsible to all effects for any infringements that may be produced as a result of supplying the information.
PEERPACK may modify the material provided by users in order to adapt it to the formatting requirements of the application and/or the Site.
16.3 Image rights
The Members grant their express consent and authorization in accordance with the applicable law, to PEERPACK to use their personal image and name for the provision of the Services and for the reproduction, distribution and public communication throughout mass media, press, internet and any other communication media, including but not limited to the application and/or the Site. The Member understands that every person who accesses those platforms can visualize the content in which the images assigned on this authorization were included.
16.4 Links and Hyperlinks to the Site
In the event that, any Member includes links or hyperlinks from their own to PEERPACK's application and/or the Site must comply with the conditions described below; ignorance of these shall not exempt the Members from any responsibilities derived from non-complying with these Conditions.
a) It is forbidden, according to the applicable legislation in force at the time, to establish “frames” or boxes of any kind that enclose the application and/or the Site or that allow the application and/or the Site to be viewed in whole or in part via internet addresses different from those of the application and/or the Site and, in any case, when they allow elements of the application and/or the Site to be viewed together with other contents, not part of the Website and/or the Contents in a way that:
- Induces or may induce error, confusion or deception in Members as regards the true origin of the elements displayed or the services used;
- constitutes an act of unfair comparison or imitation;
- seeks to take advantage of PEERPACK's trade mark and prestige;
- is in any way prohibited by current legislation.
b) The page containing the link shall not include any type of false, inexact or incorrect statements or indications regarding PEERPACK, its employees, its clients or the quality of the services that it provides.
c) In no case shall it be stated or given to understand, in the page that contains the link that PEERPACK has given its consent for the link to be included or in any way sponsors, collaborates with, verifies or supervises the Members’ services.
d) The use of any of PEERPACK trademarks, whether nominative, graphic or mixed, or of any other distinctive sign is forbidden except in those cases permitted by law or expressly authorised by PEERPACK, and always provided that a direct link to the Site and/or application is permitted in accordance with the conditions established in this clause.
e) The page containing the link or hyperlink must comply scrupulously with the law and may in no case provide or link to content belonging to the Members or third parties that:
- is illicit, noxious or contrary to morality and good customs (including, but not limited to, pornography, violence, racism, etc.)
- induces or may induce a Members to falsely believe that PEERPACK subscribes to, recommends, adheres to or in any way supports the ideas, statements or expressions in the website, whether licit or illicit;
- are inappropriate or irrelevant to PEERPACK's activities as regards the location, contents or theme of the web page.
f) Authorization to insert a link or hyperlink in no case implies consent to reproduce the visual and functional aspects (“look and feel”) of any of PEERPACK's application and/or the Site. In particular, authorization to insert hyperlinks to the Website and/or the Contents is subject to respect for human dignity and liberty. The website containing the link may not contain information or contents that are illicit, or contrary to morality, good customs or public order, nor may it contain contents that infringe the rights of third persons.
g) The creation of a hyperlink in no way implies the existence of a relationship between PEERPACK and the owner of the web page containing the link nor acceptance or approval by PEERPACK of the contents or services offered therein to the public.
PEERPACK may request, at any time and with no obligation to justify the request, that any link or hyperlink to the application and/or the Site be removed and the person responsible for the website containing the link should eliminate it immediately.
16.5 No other Agreements
The provisions of these Conditions constitute the entire agreement between you and PEERPACK related to the use of the APP. These Terms are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of these Terms.
In the event any provision of these Terms is held to be invalid or unenforceable, it may be replace for another that is as similar as possible to the previous one. However, this shall not affect or prejudice the remaining provisions, which shall be unaffected by any clause or provision that is illegal, invalid or unenforceable and shall remain fully in force.
16.6 Governing Law and Jurisdiction
These Conditions will be governed by Spanish law without prejudice the rights that may correspond to Users granted in application of the Consumer Protection Regulation of their place of residence.
16.7 Cancellation of Member's Registration
The User may cancel their registration by sending an e-mail to this effect to: [email protected]
16.8 Law enforcement
PEERPACK undertakes, when required pursuant to the applicable regulation, to allow the access to the information and data owned by the latter and/or the User to any competent authority and/or law enforcement agency.
16.9 Effective Date
These Conditions were last revised on november 2017 and govern your access of this application and Site from this date forward until a later revision is posted.