DELIVERY SERVICES AGREEMENT
This Delivery Services Agreement (the “Agreement”) is made as of today’s current date, which is logged and time stamped upon the acceptance of the Agreement, by and between Post Now an Austrian corporation (the “Company”), having it’s Principle place of Business at Strubergasse 49/5
5020 Salzburg / Austria and the Client of whom is reviewing and accepting said Agreement. (“Client”).
- The Company provides the opportunity to connect Contractors, suppliers, and consumers. Consumer’s use the Company’s platform to place orders with suppliers. The Company’s platform notifies Contractor of the opportunity to provide a service to the consumer. The Company is a platform that acts as a marketplace connecting and assisting in the facilitation of delivery services from the supplier to the consumer via Contractor.
- Post Now is a reliable, fast and instant delivery project. In Post Now application, customers enter the starting and destination address information with the help of the map and wait for the closest and suitable courier to be assigned by the system. Courier collaborates with Post Now and takes action to finish the work they have accepted. Courier also has an application called Post Now Driver to approve requests from customers and to communicate with customers by name.
In consideration of the above recitals and mutual assurances between the Company and Contractor below, the Company and Contractor agree to the following:
- Post Now has its registered office in Strubergasse 49/5
5020 Salzburg / Austria.
- The Terms represent the conditions of Post Now hereinafter called "Post Now" and its counterparties. Other parties include, principal, customer, sender, receiver, supplier, carrier and user for the supply of goods and/or services, mediation and/or advice, , which are or will be delivered or made available by Post Now requested by the customer, particularly under contract of assignment.
- The customer may via the website or app of Post Now or otherwise make use of the Post Now services offered, whether or not they form of a long term contract.
- These Terms and Conditions supersede all previous published terms and conditions of Post Now. Post Now reserves the right to change these terms and conditions without prior notice.
- Post Now reserves the right to enforce these Terms and Conditions. Strict compliance may not always be enforced across all conditions, and where they are not this does not mean that it renounces the right to apply to the remaining conditions.
- These General Conditions are published both in print and electronically on the website https://postnow.at/. The electronic version on the website of Post Now will take precedence over the printed form.
- APPLICABILITY AND APPLICABLE REGULATIONS
- These Terms and Conditions apply to the legal relationship between Post Now and the customer, regardless of location of the party and regardless of where it is established or implemented.
- Furthermore, this agreement applies to all requests, offers, price lists, quotations, order confirmations, web services, the closed and to close contracts, work of Post Now and its staff on the delivery of service and/or goods, execution of advisory assignments and/or mediation, or the implementation of transport and/or logistics services between Post Now and any party or successor.
- Once the terms and conditions are accepted, they apply without further notice for new services and agreements between the parties, unless specifically excluded.
- In any conflict about these Terms and where a mandatory provision of law disputes the conditions the remaining provisions of these Terms remain in full force. Post Now will replace the invalid provision with a legally permissible condition.
- OFFER AND ACCEPTANCE
- All offers and quotations of Post Now in brochures, price lists, websites or in any form whatsoever, are completely free, even if they offer a deadline for acceptance.
- Before a courier is assigned to customers, a price is calculated in relation to the distance of their addresses and online payment options are offered. Since no courier is assigned without payment, it is not possible to contact any courier.
- Post Now reserves the right without giving reasons to refuse an order. A refusal of an order for whatever reason, can never give rise to any claim for damages by the customer in respect of Post Now.
- Verbal promises by the employees and representatives, intermediate and/or assistants of Post Now are binding only if confirmed in writing.
- Data, including those relating to the contract, the bill of lading, invoice and other documents are exchanged electronically, in the event of a dispute the admissibility of electronic messages is not disputed. Electronic messages have the same evidential value as written, unless such messages between the parties have an agreed format and the security level and format are not in the manner agreed stored or recorded.
- Without prejudice to its own responsibilities, Post Now can involve third parties to complete an order without prior permission. Post Now can also alter its relationships with the carriers without prior permission.
- By whether confirming and / or placing by writing any order, the other party accepts these Terms and Conditions.
- PRICES, COSTS AND RATES
- The orders are executed at the time by Post Now with delivery prices and general terms in force when the booking is confirmed, unless the parties expressly agreed. Before a courier is assigned to customers, a price is calculated in relation to the distance of their addresses and online payment options are offered. Since no courier is assigned without payment, it is not possible to contact any courier.
- SENDER, RECIPIENT, SHIPMENT AND TRANSPORT
- In this article are the various conditions and obligations that apply to the Sender, Recipient of the shipment and carrying it. Shipments may include documents, parcels, pallets, air, sea freight and other goods to be transported.
- The Sender and / or receiver are responsible for the accuracy and completeness of the data entered in the booking software and and should ensure that all shipments have the correct contact information provided.
- The Sender is required to ensure that the required documents and instructions for shipping, and if applicable for reception, are in the timely possession of Post Now and / or the Carrier. In no event shall Post Now be required to examine whether the information addressed to them is correct and / or complete.
- Post Now and / or the Carrier is not obliged, but entitled to open all consignments and parcels to investigate and confirm the contents are as described by the sender and that statements made are correct and complete. The sender may be asked to open the parcel. The Sender accepts that the Courier and / or the Carrier can perform security checks.
- Consignments must not contain goods forbidden according to national and international laws. Goods that are dangerous to humans and animals and goods on the basis of their properties or the way they are packed are a hazard to other goods that are transported in the same transportation, are excluded.
- RISK, RETENTION AND LIEN
- At the time of delivery, the risk for the goods and / or shipment rests to the other party.
- Post Now reserves the right to dispose of goods held in ownership when the customer does not meet their obligation.
- INTELLECTUAL PROPERTY
- The current and future intellectual property rights, including those embodied in the Post Now services and advice, documents, software, and in the brand, trade names, logos and of Post Now remain fully vested in Post Now and are in no way transferred to the other party.
- The web and app based activity rights are exclusively owned by Post Now and / or its licensors. Entering into a contract and / or agreement, to use the web services or any other information transferred to Post Now by the customer does not transfer the copyright or any other intellectual or industrial property. Data provided by the sender is owned by the sender. The database structure or method of storing the data information of the party are the property of Post Now.
- The customer account, determined by, username, password and / or name is not transferable without the prior written permission of Post Now.
- COMPLAINTS AND LIABILITY
- The receiver should check the goods upon delivery. The receiver must check the shipment to verify that (transportation) damage has not occurred and / or there are no missing items.
- The Recipient, or the Sender is required to raise a complaint in connection with (transport) damage or missing items delivered in accordance with Article 9.1. and to sign the delivery note stating damage or items missing. Failure to record the problem at delivery or notify Post Now as soon as the delivery has happened will result in the customer losing all his rights in claiming for damages or shortages unless there is intent or a shortcoming by Post Now.
- FORCE MAJEURE
- There is no question of a breach by Post Now if the delivery is overdue. Force majeure includes, but is not limited to non-attributable failure of third parties, including suppliers of Post Now, actions or requirements of public authorities, strikes, disruptions in the electricity, Internet and / or telephone services, business, traffic, weather and / or transport breakdowns and further other circumstances which could Post Now not reasonably have expected that it fulfills its obligations to the other party.
- Any additional costs incurred by force majeure, in relation to delivery, including transport, storage and handling costs, warehouse or land rent, deceased, standing and redundancy payments, insurance, removal, etc. shall be borne by the customer.
- CANCELLATION AND TERMINATION
- Post Now has the right to cancel the agreement with the customer unilaterally, in whole or in part, and to terminate a contract if the customer was negligent. The effect of force majeure or the permanent inability to reasonably complete an order, where it can reasonably be shown that the task execution was carried out according to the contract and / or agreement compensation cannot be offered.
- CONFIDENTIALITY, PRIVACY AND SECURITY
- Post Now will observe confidentiality regarding the execution of the contract and / or contract data and information obtained regarding the business affairs of the other party (ies). In particular, Post Now will maintain confidentiality with respect to data and information provided when using the web services.
- Using the web services requires personal data to be provided. Post Now acts as an intermediary. In this capacity, Post Now complies with all its legal obligations. The customer is to be regarded as responsible of the Data Protection Act. By entering into the contract and / or contract the customer has an obligation to ensure data from and about the end user is in the context of web services and the customer is to comply with all legal requirements. Passing on the data, by Post Now will only occur under the authority of the customer, or as a legal obligation.
- Post Now will take steps to maximum capacity to protect the information stored on the servers. These measures will be appropriate, taking into account the state of the art and the costs involved. Post Now will especially exercise extreme care to prevent unauthorized access to unauthorized information from the customer. The customer is deemed to use the standard safety equipment that reasonably they ought to have on a computer, such as anti-virus, anti-spam, anti-spyware, Anti-mail true, anti-phishing and firewall solution. Furthermore, the customer is to ensure that the session in the web application is closed when you leave the site.
The worth of delivery subject is limited to 500 €. Any stuff, object, luggage, or delivery object worth more than the 500 € will not be delivered. The customer will not be able to place the order whose worth is more than the said amount.
- APPLICABLE LAW AND JURISDICTION
- These Terms and any ensuing or related disputes are governed by Austrian law.
- All disputes arising out of or resulting from an agreement or practice to which these Conditions apply, shall be decided by the competent courts of Austria.