These general conditions apply to the services offered by the site www.piampacks.com and the mobile application Piampacks
The service of sending Piampacks offered on this website and mobile application Piampacks is published by Piampacks. The site is hosted by the company HORIZON SHUTTLE EXPRESS, USA
In the present,
« Piampacks » : registered under the number ........, means the company that publishes the platform www.piampacks.com and the mobile application.
« Site » : means the site www.piampacks.com
« Mobile application » : means the Piampacks mobile application downloadable from the App Store and Google Play.
« Platform » : means the Piampacks website and mobile applications available on Google Play and the App Store.
« Member » : means any natural person who has created an Account on the Platform.
« Assets » : means the properties (verified packages, documents, regulated objects, etc.) conveyed by the carrier and entrusted by the shipper.
« Co-branding » : means the transportation of goods that are the subject of an advertisement published by a carrier on the platform and for which the carrier agrees to transport goods in exchange for a contribution to the costs of the trip.
« Carrier » : means the Member proposing, on the platform, a co-branding.
« Sender » : means the Member who has entrusted his goods to a carrier for packing.
« Recipient » : means the person specified by the Shipper to whom the Carrier shall hand deliver the conveyed property.
« Co-validator » : means either the carrier or the shipper.
« Services » : means any service rendered by means of the platform to a Member, it being specified that Piampacks is never a party to a contract for sending packages.
« User account » : means the account that must be created in order to become a Member and access the services offered by the platform.
« Ads » : means any publication by a carrier to offer a package.
« Cost sharing » : Amount of money requested by the Carrier, specified and visible in the advertisement, and accepted by the sender for the trip as a contribution to the trip costs (air ticket, etc.). This contribution is fixed by the Carrier under its sole responsibility.
« CGU » : means the present General Terms of Use. including the Charter of Good Conduct hereafter.
The use of the Site is subject to the acceptance of these Terms of Use. When creating a User Account, Members accept the General Terms and Conditions of Use of the platform by clicking on the «Registration» button.
Only the acceptance of these CGU allows Members to access the services offered by the Site. Acceptance of these CGU is complete and forms an indivisible whole, and Members may not choose to have only part of the CGU applied or to formulate reservations.
By accepting the CGU, the Member accepts in particular the Charter of Good Conduct and Article VII of the CGU concerning the « Treatment of personal data of users ». In case of failure to comply with any of the obligations provided for herein, Piampacks reserves the right to delete the User Account concerned.
Piampacks reserves the right to modify at any time the CGU, the features offered on the platform or the operating rules of the Service. The modification will take effect immediately upon the publication of the CGU that every user acknowledges having consulted beforehand.
The publication of an ad through the platform is totally free. The consultation of an advertisement of packing and the setting in relation between co-validators is the same. However, Piampacks reserves the right to take a commission, at any time, which will represent a percentage on the transaction that will be made. Piampacks may also at any time offer new services, free or paid on the Platform.
To register and benefit from the possibility of publishing or viewing an ad on the Platform, each Member must first create a User Account, providing personal data, essential to the proper functioning of the service of connecting people (including name, surname, title, telephone number and valid email address). Members certify that they are over 18 years of age at the time of their registration. Piampacks can in no way be held responsible for information that could be erroneous or fraudulent communicated by the Members.
The Member agrees not to create or use other accounts than the one initially created, either under his own identity or that of a third party. Any departure from this rule must be the subject of an explicit request from the Member and an express and specific authorization from Piampacks. The fact of creating or using new accounts under his own identity or that of a third party without having requested and obtained the authorization of Piampacks may result in the immediate suspension of the Member's accounts and all associated services.
Individuals who are not affiliated with a company, governed by the legislation in force in the country concerned, and specializing in the transport and distribution of parcels, undertakes to use the Platform only for the connection between co-validators. Piampacks can in no way be held responsible for a professional or commercial use of the Platform for these individuals.
Any activity on the platform which, by the nature of the parcel services offered, their frequency or the number of parcels transported, would result in a profit situation for the Carrier shall be considered as a professional activity. The Contribution to Costs requested by the Carrier from its Shippers shall only be a contribution to the travel costs, and the Carrier shall in no case make a profit. Thus, the Carrier undertakes to charge its Shippers a total amount that does not result in the Carrier making any profit in relation to the costs of its travel. As the activity of the website is limited to connecting people or professionals who offer to carry a parcel, the individual Carriers (non-professionals) cannot be considered as carrying out a parcel transport activity. The Platform is indeed a simple intermediation platform, and at no time Piampacks interferes in the shipments made, destinations, schedules. The Carrier (non-professional) cannot undertake to ensure the obligations that are those of an organization of parcel shipments and the Sender cannot expect the execution of such services. Any shipment made must be agreed upon in advance by the parties. The Carrier must go to the agreed destination and inform the Consignee of the Goods within 48 hours.
Piampacks reserves the right to exclude without notice any Member who fails to comply with these provisions.
It is recalled that Piampacks is a third party to the relationship between the Members and shall have no obligation under the performance by them of their respective obligations under the shipments.
The site offers a free intermediation service through which the Sender wishing to make a shipment contacts the Carrier to arrange a meeting place for the delivery of the Goods to be sent and the possible conditions of shipment (size of the luggage carried, delivery time, delivery point, etc.). The co-validators then assume all risks concerning, in particular, last-minute cancellations, the contents of the package to be transported, loss of the package, non-payment of the Cost Share.
The Carrier undertakes to be in possession of a valid passport in his name and an airline ticket that is in conformity with the information provided in the advertisement. The Carrier undertakes to provide the information justifying his identity and proving the trip to the destination proposed in our platform, upon request from the Sender. He/she agrees to take all necessary measures to protect the goods sent from any damage or possible loss or theft. The Sender also agrees to sign the certificate of delivery of items for shipment, which can be downloaded here.
The Packing resulting exclusively from the agreement between the co-validators, the latter act under their only and whole responsibility. In this respect, the actual implementation of the covalidation proposed by the Carrier and accepted by the Shipper shall not entail any liability attributable to Piampacks, on any grounds whatsoever, the service offered by the Platform being an intermediation service.
In particular, Piampacks shall not be liable for any loss that may have occurred for reasons such as :
In particular, no form of liability can be held against Piampacks in case of fraudulent use of means of payment by the Customer. Piampacks strives to ensure the availability of the Platform and the service 24 hours a day, 7 days a week. However, it may happen that access to the Platform or the service is interrupted as part of maintenance operations, hardware or software upgrades, emergency repairs to the site, or as a result of circumstances beyond the control of Piampacks (such as failure of telecommunications links and equipment). Piampacks undertakes to take all reasonable measures to limit these disruptions, insofar as they are attributable to it.
Members acknowledge and agree that Piampacks assumes no responsibility to them for any unavailability, suspension or interruption of the site or service and shall not be liable for any direct or indirect damages of any kind resulting therefrom.
In all cases, and without prejudice to what has just been stated above and in other clauses concerning the absence of responsibility for Piampacks, any cause of liability that could be retained against Piampacks will not result in any payment of damages.
Carriers are solely responsible for the price set for their Covalising ad.
In the event of your failure to comply with all or part of the CGU, you acknowledge and agree that Piampacks may at any time, without prior notice, discontinue or suspend, temporarily or permanently, all or part of the Service or your access to the Platform (including, without limitation, your User Account) for failure to comply with the CGU or for any objective reason.
The person responsible for processing your data is Piampacks. In accordance with the provisions of simplified standard No. 48, only the developers, whose task is to operate the site or render the service, have access to your personal data.
The data indicated as mandatory in the form to become a user of the Platform and the service require an accurate response from you. Any failure to reply or any reply deemed abnormal by Piampacks is likely to result in its refusal to consider your request to register for the service.
The data collected by Piampacks as part of the services provided on the Platform are processed in accordance with the provisions of simplified standard No. 48 and the law « Informatique et Libertés » of 6 August 2004.
In accordance with the provisions of the simplified standard n°48, Piampacks reserves the right to transmit all or part of the personal data concerning the Members in strict compliance with the simplified standard n°48 and the law « Information Technology and Civil Liberties » of August 6, 2004. Any use of personal data other than that indicated above shall be subject to individual, prior and explicit consent from the Members.
In accordance with the law n°78-17 of January 6, 1978, Piampacks collects the agreement of the Members for any transmission of its data to commercial partners for direct marketing operations by means of a check box.
In accordance with the law n°78-17 of January 6, 1978, you have a right of access and rectification on the personal data concerning you, by addressing to Piampacks of the Site, except for certain personal data which it is up to you to modify and update, as it is said in the article VII.4 « Update of personal data ».
In accordance with the law n°78-17 of January 6, 1978, you have the right to oppose without charge and free of charge, that the personal data concerning you are used for prospecting purposes, in particular commercial, by Piampacks or by its commercial partners. If your right of opposition is exercised for this reason directly with Piampacks, the latter undertakes to pass on your opposition to its contractual partners to whom it may have transmitted your personal data. In accordance with the law n°78-17 of January 6, 1978, Piampacks reserves the right to transmit personal data concerning you, either to respect a legal obligation, or in application of a judicial or administrative decision, or of an independent administrative authority (such as the National Commission of Data processing and Freedoms).
You undertake to ensure, as necessary, that your personal data is kept up to date. You also undertake to ensure that the personal data concerning you is accurate, complete and unequivocal. You can at any time access, using your password and login, your User Account containing all the personal data that you provided when you registered.
In accordance with the law n°78-17 of January 6, 1978, Piampacks undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the treatment, to preserve the safety of your personal data and, in particular, to prevent your personal data from being deformed, damaged, or that unauthorized third parties have access to it.
The Platform (Site www.piampacks.com and the mobile application) is the property of Piampacks. Any reproduction, even partial, is subject to prior written authorization Piampacks.
The visitor to the Site undertakes not to reproduce any of the elements of the Platform. Any contrary use of all or part of the Platform or of any of its elements would constitute an infringement likely to lead to civil and/or criminal proceedings and to expose the offending visitor to the penalties mentioned above.
All members are also prohibited from using personal information (telephone number, e-mail address, etc.) provided by other members for any other purpose than those provided by our services. Any other use contrary to this, in particular those constituting to canvass our users for commercial purposes, is strictly forbidden under penalty of criminal prosecution.
Piampacks is not responsible for the content entered on the Platform by the Members. However, as soon as it is brought to the attention of Piampacks that a content would infringe the rights of third parties, Piampacks will do its utmost to remove the litigious content from the Site without delay.
By accepting these CGU, you agree that the information provided at the time of registration will be published on Piampacks partner sites. Piampacks reserves the right to reproduce any information appearing on the Platform or on partner sites. In particular, the ads published on one of the sites published or co-published by Piampacks can be reproduced on other sites published or co-published by Piampacks.
