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GENERAL TERMS AND CONDITIONS

FOR SENDERS’ AND RECEIVERS’ ACCESS TO PARCIFY’S SERVICES

Last Updated: 23 October 2015

1. Introduction

1.1 Parcify N.V. manages an online-platform, accessible via www.parcify.com, and a mobile application for facilitating the pick-up and delivery of parcels.

Parcify puts this online-platform and this mobile application at the disposal of persons who wish to send, deliver or receive parcels.

Parcify’s online-platform, its mobile application and its services (hereinafter “the Services”) are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services, you represent and warrant that you are 18 or older.

Since the Services will be performed at the express request of the person who sends a parcel, and before expiry of the period provided by law for withdrawing from the contract, there is no right of withdrawal.

1.2 Parcify’s details are:

Parcify N.V.

Ijzerenpoortkaai 10 bus 2

2000 Antwerpen

Telephone number: +32 (0)78 48 18 17.

KBO number: 0635.738.988

For any questions with regard to Parcify’s Services, you can send an email to [info@parcify.com].

2. Definitions

2.1 The following definitions shall apply:

(1) “Driver”: the person who picks up the Parcel with the Sender and delivers it to the Receiver using the Services

(2) “Fees”: the total fees due and payable to Parcify for (i) the pick-up and delivery by the Driver of the Parcel, and (ii) the use of the Services to send the Parcel

(3) “General Conditions”: these general terms and conditions for Senders’ and Receivers’ access to Parcify’s Services

(4) “Intellectual Property Rights”: all intellectual, industrial and other property rights (irrespective of whether these are registered or not), including but not limited to copyrights, related rights, marks, trade names, logos, drawings, models or applications for registration as a drawing or model, patents, patent applications, domain names, knowhow, as well as rights to databases, computer programs and semi-conductors

(5) “Parcel”: the Parcel sent by a specific Sender to a specific Receiver

(6) “Parcify”: Parcify N.V. having its registered offices at 3500 Hasselt, Kasteellaan 30, and registered with the KBO under number 0635.738.988, responsible for the Services, the Platform and the Parcify App

(7) “Parcify App”: the mobile application that can be downloaded on the Platform

(8) “Parties”: Parcify, the Sender and the Receiver

(9) “Platform”: the online-platform designed for the Services, accessible throughwww.parcify.com and managed by Parcify

(10) “Privacy Policy”: the privacy policy of Parcify ([Privacy Policy])

(11) “Receiver”: the person receiving the Parcel using the Services

(12) “Sender”: the person sending the Parcel using the Services

(13) “Services”: services facilitating the pick-up and delivery of parcels by means of the Platform and the Parcify App

(14) “Users”: the Drivers, Receivers and Senders

(15) “User Account”: an account created on the Platform or on the Parcify App for using the Services, accessible by a personal login and password

3. General Directives for Use of the Services

3.1 The General Conditions govern Parcify’s relationship with you as a Sender, a Receiver or both.

3.2 By using the Services, you agree to:

a) comply with the General Conditions

b) abstain from acting in a manner that interferes with the other Users’ use of the Services or impacts on the security of the Platform or the Parcify App

c) abstain from uploading computer viruses and/or malware to the Platform or the Parcify App

d) abstain from using or trying to use the User account of other Users.

3.3 Your acceptance of the General Conditions and the Privacy Policy is valid as long as you do not expressly revoke it. The General Conditions and the Privacy Policy apply each time you use the Services.

3.4 If you believe that another User’s use of the Services is not compliant with the General Conditions, you can inform Parcify by sending an email to [ info@parcify.com].

3.5 Your own terms and conditions do not apply, unless Parcify has expressly accepted them in writing.

3.6 The General Conditions and the Privacy Policy are the entire agreement between the Parties. They replace and annul any prior written or oral understanding, agreement, offer, correspondence or proposal made between the Parties.

3.7 Parcify shall amend the General Conditions from time to time.

Use of the Services is subject to the General Conditions in effect at the time you use the Services. If Parcify makes material changes to the General Conditions or the Privacy Policy, it shall post an announcement on the Platform with information on these changes. You are bound by any changes of the General Conditions as soon as you use the Services after such changes have been posted on the Platform.

4. Specific Directives for Use of the Services

A. Use of the Services by the Sender

a) Sender’s access to the Services

4.1 To use the Services as a Sender, you must have a User Account to access the Parcify App.

You create a User Account in your language of preference (Dutch, French or English) as follows:

(a) you download the Parcify App through your mobile device; Parcify inquires whether you allow it to (i) access your location even when you are not using the Parcify App and (ii) send you push messages (see section 7)

(b) you log on either through your Facebook account or with your email address

(c) you provide Parcify your first name and name, your email address and your mobile phone number

(d) you expressly agree to the General Conditions by ticking the box “I herewith explicitly accept Parcify’s General Conditions”, and to the Privacy Policy by ticking the box “I herewith explicitly accept Parcify’s Privacy Policy” at the end of the Privacy Policy.

Once your User Account has been created, you can use the Services to send or receive parcels.

b) Sending the Parcel

4.2 You send the Parcel, by going through the following steps:

(a) you log on the Parcify App with your User Account

(b) you give your instructions for sending the Parcel by uploading a picture of either the Parcel or the product to be included in the Parcel, and putting in the following information for the Parcel:

a. a name for the Parcel; this name can be the generic name of the product or a fantasy name; you can also include certain information about the product, such as the weight, the nature of the product, whether the product is fragile, etc.

b. your physical address where the Driver can pick up the Parcel, unless if you have allowed Parcify to access your location data (in which case the Driver will pick the Parcel up at your actual location at the time of pick-up)

c. location where the Driver must deliver the Parcel

d. [date and time for the pick-up of the Parcel]

(c) once you have provided your instructions, a screen pops up with a summary that includes the above information under (b) and the total amount of the Fees. You can change or revoke your instructions by ticking the box [“Change”]

(d) if your instructions are correct, you confirm them by clicking on the link “Confirmation”. By doing so, your instructions are considered final

(e) Parcify sends you an electronic message (e.g. an email) confirming your instructions; you can access this confirmation at any time by clicking on the link “[My Parcels]”; you can also print this confirmation

(f) Upon receipt of Parcify’s confirmation, you must pay the Fees (see section 9)

(g) Upon receipt of your payment, Parcify sends you a second electronic message to confirm its acceptance of your instructions; you can print this confirmation or save it on your computer or mobile device to access it later;

(h) If Parcify cannot accept your instructions (e.g. in case your previous use of the Services was not compliant with the General Conditions or the Privacy Policy, or if your instructions can not be executed for reasons beyond Parcify’s control, etc.), Parcify sends you an electronic message informing you of its refusal of your instructions

(i) Upon acceptance of your instructions, a Driver shall pick up the Parcel in accordance with your instructions.

Parcify and you as a Sender have an agreement on your use of the Services, once Parcify accepts your instructions after your payment of the Fees, by sending you the second electronic message (see point 4.2 under g above).

B. Use of the Services by the Receiver

a) Receiver’s access to the Services

4.3 To use the Services as a Receiver, you must have a User Account to access the Parcify App.

You create a User Account in your language of preference (Dutch, French or English) as follows:

(a) you download the Parcify App through your mobile device; Parcify inquires whether you allow it to (i) access your location even when you are not using the Parcify App and (ii) send you push messages (see section 7)

(b) you log on either through your Facebook account or with your email address

(c) you provide Parcify your first name and name, your email address and your mobile phone number

(d) you expressly agree to the General Conditions by ticking the box “I herewith explicitly accept Parcify’s General Conditions”, and to the Privacy Policy by ticking the box “I herewith explicitly accept Parcify’s Privacy Policy” at the end of the Privacy Policy.

Once your User Account has been created, you can use the Services to send or receive parcels.

b) Receiving a Parcel

4.4 You can receive the Parcel, by going through the following steps, after you have received an electronic message from Parcify informing you of its task to deliver the Parcel to you:

(a) you log on the Parcify App with your User Account

(b) you give your instructions for delivering the Parcel either to your physical address or to your actual location at the time of delivery [, and indicate the date and time for delivery of the Parcel]

(c) once you have provided your instructions, a screen pops up confirming that the Parcel will be delivered to your physical address or to your actual location at the time of delivery; you can change or revoke your instructions

(d) if your instructions are correct, you confirm them by clicking on the link “Confirmation”; by doing so, your instructions are considered final

(e) Parcify sends you an electronic message confirming your instructions by email; you can access this confirmation at any time by clicking on the link “My Parcels”; you can also print this confirmation

(f) Upon Parcify’s confirmation of your instructions, a Driver shall deliver the Parcel to you in accordance with your instructions.

C. General

4.5 If you allow Parcify to share your location data with the Drivers, Parcify shall do so only to the extent and as long as this is necessary for picking up respectively delivering the Parcel.

4.5 You certify that the data you provide (i) are accurate, (ii) do not contain trademarks, logo’s or other elements that are protected by Intellectual Property Rights or personal rights (e.g. image rights) of third parties (iii) are not in any way contrary to accepted principles of morality or to public policy.

You exempt Parcify from any claims by third parties as a result of your non-compliance with the above.

Parcify cannot be held liable for any data or material that you upload on the Platform or the Parcify App.

5. Closing a User Account

5.1 Parcify is entitled to close a User Account when:

– you unlawfully use the Services, the Platform or the Parcify App

– you violate the General Conditions or the Parcify Privacy Policy

– there is a serious dispute with you with regard to the Services

– Parcify deems it necessary or useful to ensure the security of the Services, the Platform or the Parcify App, or to protect its interests or the interests of another User

– you notify Parcify of the loss or theft of your personal login and password, or of any abuse or presumption of abuse of your personal login and password by a third party

5.2 Parcify is entitled to assume that any information or content you provide on the Platform or the Parcify App comes directly from you and is in conformity with your wishes, except when you have informed Parcify of the loss or abuse of your personal login and password.

6. Unavailability of the Platform or the Parcify App

6.1 Parcify reserves the right, at its sole discretion, to suspend the Services for maintenance, adjustments or improvements of the Platform or the Parcify App.

Parcify also reserves the right to modify the Platform, the Parcify App, personal logins and security measurements, for instance when this is required as a result of general improvements of a technical nature or of security systems, or if this is required by new laws or regulations.

6.2 Parcify does not provide any guarantees with regard to the proper functioning of the Services, the Platform or the Parcify App.

The content of the Platform or the Parcify App, including all links, may at any time be taken offline, in total or in part, without prior announcement or notification, for maintenance, adjustments or improvements.

7. Parcify’s tasks

7.1 For the proper functioning of the Services, Parcify shall:

(a) allow you to set up a User Account and User Profile associated with your email address (and optionally a phone number) for interaction with other Users on the Platform or the Parcify App

(b) send you push messages in the context of direct marketing (i.e. the communication by whatever means of any advertising or marketing material which is directed to particular individuals), with regard to specials and new features of the Platform or the Parcify App, or with regard to notifications on topics that may be of interest to you (such as events and the like near your location),

(c) monitor and research the effectiveness of the Services, the Platform or the other Users,

(d) make reasonable efforts to improve the content of the Platform and the Parcify App

(e) make reasonable efforts to adapt the Platform and the Parcify App to your needs

(f) make reasonable efforts to develop new tools for the Platform and the Parcify App,

7.2 Parcify only provides the Services.

Parcify is not involved in the relationship between Senders and Receivers, regardless their reason for using the Services and the nature of the goods in the Parcel (including whether they are bought by the Receiver, given to the Receiver, rented to the Receiver, …).

7.3 Parcify shall provide the Services in accordance with best practices and with the care one may reasonably expect from a professional. This is an effort obligation, and not a result obligation.

The Platform and the Parcify App are provided “as is”. Parcify will make reasonable efforts in order to prevent that the Platform or the Parcify App contain faults, bugs, computer viruses and/or malware. This is an effort obligation, and not a result obligation.

8. Sharing information

8.1 You agree that:

(a) [Parcify always shares on the Platform:

your User name

your zip code]

(b) in case you wish to use the Services, Parcify shares on the Platform:

– the (desired) date and time for the pick-up of the Parcel

– the (desired) date and time for the delivery of the Parcel

– the nature of the goods contained in the Parcel, and whether these are fragile

(c) in case a Driver agrees to pick up and deliver the Parcel on the indicated date and time, Parcify shares with that Driver:

– your name and first name

– your phone number

– your profile image

– your address or, as the case may be, your location data

9. Payment

9.1 The Sender acknowledges that Fees (i) are due for use of the Services and (ii) must be paid by the Sender to Parcify before using the Services.

As a Sender you pay the Fees upon receipt of Parcify’s confirmation of your instructions by email (see section 4, point 2 under f).

9.2 You pay the Fees with a credit card. You authorize Parcify to contact the bank company that issued your credit card prior to the conclusion of the agreement (see section 4, point 2 under g) to inquire whether your credit card is valid and can be used for valid payments. You authorize Parcify to debit your credit card for all amounts due under the General Conditions.

The payments are certified by Parcify’s payment provider, ([include the name of the payment provider]). With a single click you will be redirected to the platform of [payment provider], where your financial data are securely processed. The result is sent to Parcify in real time.

Your financial data are invisible to Parcify. With regard to the payment of the Fees, Parcify only (i) registers the data required for processing the order and (ii) communicates with you as a Sender.

You must ensure that you have sufficient funds in your account to cover the Fees and meet all obligations under the General Conditions.

10. Confidentiality

10.1 You acknowledge that certain data must be treated on a confidential basis, in order to prevent, among other things, accidental, unauthorized or unlawful (i) destruction, alteration, modification or loss of such data, and (ii) disclosure of or access to such data.

10.2 You shall abstain from using or disclosing to others, any information about other Users.

11. Complaints – Disputes

11.1 All complaints with regard to the Services must be sent to Parcify by registered letter within 8 days from the date of delivery of the Service.

By lack of a timely complaint and/or dispute within 8 days from the date of delivery of the Service, you are deemed to have no complaints with regard to the Services.

11.2 All complaints with regard to other Users may be sent by email to [complaints@parcify.com].

12. Intellectual Property Rights

12.1 You explicitly acknowledge (1) that all Intellectual Property Rights in the Platform or the Parcify App, and in the software included in or associated with the Platform or the Parcify App, belong to Parcify or a third party whom Parcify has entered into an agreement with and (2) that you do not receive any Intellectual Property Rights.

12.2 You shall always respect Parcify’s Intellectual Property Rights and make a reasonable effort to protect these rights. You shall inform Parcify immediately of any infringement by a third party of Parcify’s Intellectual Property Rights of which you become aware.

12.3 To the best of Parcify’s knowledge, the Platform and the Parcify App do not infringe the Intellectual Property Rights of third parties.

12.4 In case a third party would pretend that the Services, the Platform or the Parcify App do infringe its rights, or if a third party would initiate legal proceedings against Parcify or the Users on the basis of an alleged infringement of its Intellectual Property Rights, Parcify has the right to decide in a discretionary manner to: (i) invalidate those allegations or claims, or (ii) adapt the Services, the Platform and the Parcify App so that they no longer infringe the rights of that third party. The Users have no right to claim additional damages from Parcify.

13. Privacy Policy

13.1 You acknowledge the existence of the Privacy Policy [Privacy Policy].

You shall peruse the Privacy Policy and expressly agree therewith.

14. Liability

14.1 Parcify cannot be held liable for loss or damage of the Parcel resulting from the Driver picking up, transporting or delivering the Parcel.

14.2 Parcify cannot be held liable for any direct or indirect damage resulting from use of the Services or from information provided on the Platform or on the Parcify App, or from the use of any other website linked to the Platform.

14.3 Except in case of willful misconduct, Parcify cannot be held liable for consequential damages, loss of profit, business interruption, loss of data, damage to data or programs on the Platform, increased operating expenses, damage to your equipment, your software or other assets you may have, due to any error or negligence on the part of Parcify.

14.4 Parcify cannot be held liable for malfunctioning or temporary or permanent unavailability of the Platform or the Parcify App or for any damages resulting thereof, or for defects in the Platform or the Parcify App attributable to inadequate or incorrect use or implementation by you or third parties.

15. Force majeure

15.1 Situations out of the Parcify’s control, such as fire, flood, strikes, administrative measures and other unforeseen circumstances, will release Parcify of its tasks under section 7 for the duration of the situation of force majeure.

In such event, the Sender and Receiver are not entitled to any indemnification by Parcify.

16. Applicable law and Jurisdiction

16.1 The validity, interpretation, and implementation of the General Conditions shall be governed by Belgian law.

16.2 All disputes with respect to the Agreement shall be submitted to the competent courts in Antwerp, Belgium.

Before instituting a procedure before the courts, the parties will, however, attempt to negotiate in good faith in order to reach an out-of-court settlement.

17. Severability

17.1 Should any provision of the General Conditions be void or unenforceable, the other provisions will not be affected by this and remain in full force and effect. In this case the parties, within the limits of the applicable law, will draft a new stipulation that meets the objectives intended by the void or unenforceable stipulation, and include this in an annex to these General Conditions.

18. Questions or Concerns

18.1 You may send a detailed message to [questions@Parcify.com] for any questions or concerns you may have with regard to using the Services. We will make every effort to resolve your concerns.

I herewith confirm that I am fully informed on the General Conditions and their application and expressly agree with the General Conditions