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Mailjour

General Terms and Conditions Agreement

Updated on: 29 March 2024

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These General Terms set forth the main terms and conditions applying to and governing the usage of services provided by Mailjour Systems OÜ. To request, receive, manage or provide delivery and parcel services via the platform and software provided by Mailjour Systems OÜ you must agree to the terms and conditions that are set forth below.

1. DEFINITIONS

1.1. Mailjour (also referred to as “we”, “our” or “us”) – Mailjour Systems OÜ is a software private limited company incorporated and registered under the laws of Republic of Estonia with registration code 16757366, with registered office at Sakala 7-2, Tallinn 10141, Republic of Estonia.

1.2. Mailjour Services – services that Mailjour Systems OÜ provides, including provision and maintenance of Mailjour Web App, Mailjour Terminal, Mailjour Platform, Mailjour customer support, Mailjour corporate website and other similar services.

1.3. Platform (also referred as “The Platform”) – technology aimed to connect Requesters with independent professionals or businesses dedicated to offer parcel and delivery services and to provide a suite of tools that facilitate the execution of the services provided.

1.4. Gateway (also referred to as “Gateway Plugin”, “Gateway Module”) – Complementary module for online shops that allows, Commerce users to partially or fully automated, find and contract Service Providers registered on the Platform, when an order is placed in the shop.

1.5. Commerce – Any person or business, being registered on the Platform, makes parcel and delivery service requests and receives services from registered Service Providers.

1.6. Mailjour Terminal (also referred to as “Mailjour Mobile App”) – a smartphone application intended for Providers and Commerce users.

1.7. Agreement – this agreement between the platform user and Mailjour regarding the use of Mailjour Services which consists of: 1.7.1. these General Terms; 1.7.2. special terms displayed in Mailjour Terminal app; 1.7.3. the Code of Conduct; and 1.7.4. other terms referred to in this Agreement as may be amended from time to time.

1.8. Account – The arrangement by which a person is given personalized and untransferable access to Mailjour’s Platform, Services and Software.

1.9. User – Any person who, through an Account, directly or indirectly uses the services provided by Mailjour, through its Platform, Software and Applications.

1.10. Request – The representation of a user's willingness to receive Parcel Services from the Providers registered on the Platform.

1.11. Requester – A User who posts a Request.

1.12. Provider – (also referred to as “Service Provider”) A user, acting as a natural or legal person, offering Parcel Services through the Platform.

1.13. Sender – Person, who may or may not be a user of the Platform and who is registered as the sender of the Parcel in the Request.

1.14. Recipient – Person, who may or may not be a user of the platform and who is registered as the receiver of the Parcel in the Request.

1.15. Journey – Digital medium, configured, managed, and published by the Providers through which they provide their Packet Services on the Platform.

1.16. Match – Correspondence (manual or automatic) between a Service Request and a Journey, based on the specifications and requirements of the Request and the features, requirements, and configuration of the Journey.

1.17. Bid – An offer made by a Provider on a matched Service Request.

1.18. Parcel Service – The transport service agreement reached between the Requester and the Provider.

1.19. Parcel – Package being transported via a Parcel Service

1.20. Parcel price – (also referred as Price) the cost of the Parcel Service that has been established by the Provider.

1.21. Disbursement – a payment, made by the Provider to a third party, on behalf of the Requester and which is necessary for the performance of the Parcel Service.

1.22. In-app Payment – A payment made through the Platform, or the Software provided by Mailjour.

1.23. Provider Account – (also known and referred to as Mailer’s Account) type of account specifically designed for Service Providers and which allows access to the Mailjour Platform and Services that are specific to providers.

1.24. Commerce Account – type of account specifically designed for businesses and retailers, and which allows access to the Mailjour Platform and services specific to retailers and shops.

1.25. Client Account – type of account aimed at the general public who want to use the platform to request and receive Parcel services.

1.26. Tip – a sum of money given to a Provider as a reward for a Parcel Service.

1.27. Parcel attachment – A computer file or digital resource that is added to a Parcel and that is used for record-keeping or evidence purposes.

2. ENTRY INTO THE AGREEMENT

2.1. Prior to using the Mailjour Services, you must sign up by providing the requested information in the signup application on website and uploading necessary documentation as required by us to verify your identity and set up your account. You must always create your account in your name as a natural person and then add a business or legal entity if necessary. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password provided by you. By clicking the „Sign up" button located at the end of the signup application, you represent and warrant that: 2.1.1. pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the Mailjour Services for either providing or receive the Parcel Service; 2.1.2. you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement; 2.1.3. all the information you have presented to us is accurate, correct, and complete; 2.1.4. you will you’re your account accurate and profile information updated at all times; 2.1.5. you will not authorize other persons to use your Provider, Client or Provider Account nor transfer or assign it to any other person; 2.1.6. you will not use the Mailjour Services for unauthorized or unlawful purposes and impair the proper operation of the Mailjour Services; 2.1.7. at all times, you fully comply with all laws and regulations applicable in the country, state and/or region you are providing or receiving parcel services, including (but not limited to) laws regulating labor and goods transport services;

2.2. When applying for a Provider or Commerce Account you will be required to provide a valid identity. Identity verification is done through a third-party verification provider (Stripe® – https://stripe.com), which uses biometric technology (a photo of your face and a video capture), as well as a photo of your valid ID card or Passport to perform the verification. The verification process can be automatic or manual and is at the discretion of Stripe®. Identity verification is a prerequisite for using Mailjour Services for Provider and Commerce Accounts and failure to do so will automatically result in the suspension of this Agreement until a valid identity is provided.

2.3. When applying for a Client account, identity verification is optional, but some providers may require that your identity is successfully verified before providing their Parcel Services.

2.4. When you agree to verify your identity through the service provided by Stripe®, you agree to Stripe® privacy policy (https://stripe.com/en-ee/legal/ssa) and our privacy policy (https://mailjour.com/terms/privacy).

2.3. When applying to become a Provider, you may receive an e-mail with additional conditions and requirements that must be met to use Mailjour Services. These conditions may include providing criminal records, valid driving license, legal permit to work, legal residence permit, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the Mailjour Services.

2.4. You agree that in specific cities or countries Mailjour Services OÜ may assign or make specific adaptations to this Agreement in order to comply to local laws. You will be notified by email about the particular conditions that apply in your case.

2.5. When you associate a legal person to your account, you will be considered as such for tax and legal purposes. However, any failure to represent you as a legal entity (e.g. fictitious data, impersonation) will make you personally liable, as a natural person, for any tax or legal liability arising from your use of Mailjour Services. THE LEGAL PERSON ASSOCIATED TO THE ACCOUNT AND THE NATURAL PERSON WHO ACTUALLY REGISTERS THE ACCOUNT SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY BREACH OF THE AGREEMENT.

2.6. Registering Provider Account as a transport company. Upon concluding the registration of the company’s Provider Account, the company may itself register accounts to its employees and/or service providers. In such case the company shall be required to ensure that its employees and/or service providers conform to the requirements of General Terms, Agreement and any further agreements and agrees to act in accordance and be bound with its conditions and obligations. The transport company and its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or service provider.

3. RIGHT TO USE MAILJOUR SERVICES AND SOFTWARE

3.1. License to use the Mailjour Terminal App, Mailjour Web App, Mailjour Gateway plugins and Mailjour Accounts. Subject to your compliance with the Agreement, Mailjour Systems OÜ hereby grants you have a license to use the Mailjour Terminal App, Mailjour Web App, Mailjour Gateway plugins and Mailjour Account. The license does not grant you the right to sublicense or transfer any rights to the third persons. Regardless of the above and if so agreed separately, transport companies may sub-license the Mailjour Terminal App, Mailjour Web App, Mailjour Gateway plugins and Mailjour Account to their employees and/or service providers

3.2. In course of using the Mailjour Terminal App, Mailjour Web App and Mailjour Account you may not: 3.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Mailjour Terminal App, Mailjour Web App and Mailjour Account or other software of Mailjour Systems OÜ; 3.2.2. modify the Mailjour Terminal App, Mailjour Web App and Mailjour Account in any manner or form or to use modified versions of the Mailjour Terminal App, Mailjour Web App and Mailjour Account; 3.2.3. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on platform and services provided by Mailjour Systems OÜ or that may directly or indirectly affect other users of the platform; 3.2.4. attempt to gain unauthorized access to the Mailjour Terminal App, Mailjour Web App and Mailjour Account or any other services provided by Mailjour Systems OÜ.

3.3. The License granted herein revokes automatically and simultaneously with termination or suspension of the Agreement. After termination of the Agreement you must immediately stop using the Mailjour Terminal App, Mailjour Web App, Mailjour Gateway plugins and Mailjour Account and we are entitled to block and delete your Account without a prior notice.

3.4. Using merchandise, tags, labels of Mailjour. We may give you tags, labels, stickers or other signs that refer to Mailjour brand or otherwise indicate you are using the Mailjour to carry out your Parcel Services or to Deliver your goods to your customers. In such cases, Mailjour Systems OÜ grants you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating you are providing Parcel Services or delivering your products via the Mailjour Platform. After termination of the Agreement you must immediately remove and discard any signs that refer to Mailjour brand.

3.5. All copyrights and trademarks, including source code, databases, logos and visual designs are owned by Mailjour Systems OÜ and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Mailjour Services you do not acquire any rights of ownership to any intellectual property.

3.6. You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.

4. PROVIDING THE PARCEL SERVICES

4.1. The Providers Obligations. You hereby guarantee to provide Parcel Services in accordance with the General Terms, Agreement as well as laws and regulations applicable in the country, state and/or region where you are providing Parcel Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Parcel Services.

4.2. Licenses and permits. You must have all licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Parcel Services. It is your obligation to maintain the validity of all aforementioned documentation. Mailjour reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.

4.3. The relationship between you as a Provider and Mailjour. You hereby acknowledge and agree that we provide an information society service and do not provide Parcel Services. By providing the Mailjour Platform and Mailjour Services, we act as marketplace connecting you, as a Provider with Requesters through a system that helps you reach fairer service agreements while having decision-making power in the whole process of contracting, monitoring, and implementing the service. You acknowledge that you provide Parcel Services available through our platform based on a contract directly entered with the Requester of the Service you have accepted to Provide. Mailjour, as the operator of Mailjour Platform and Services, acts as the commercial agent of the Provider for the mediation of conclusion of contracts between the you and the Requester, and thus, among other things, accepts payments from the Requester and forwards the payments directly to you. You also acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If, due to the implication of mandatory or other laws, you are deemed to be employed by us, you hereby agree to waive any claim against us that may arise as a result of such implied employment relationship and you shall refrain from using our Platform and Services.

4.3. Level of Service. You must provide the Parcel Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavor to perform the Customer’s request in the best interest of the Customer. Among else, you (i) you must at all times take care of the integrity of the package; (ii) you must not open the package without the customer present; (iii) you must not modify the contents of the package; (iv) you must adhere to any applicable transport acts and regulations, (v) you must adhere to any applicable traffic acts and regulations, (vi) you must comply with regulations related to the import and/or export of goods where necessary, (vii) you must provide evidence for liability and professional indemnity insurance when required by the Customer and/or Mailjour, (viii) you must maintain customer confidentiality at all times and may not share information about the customer with third parties, including the identity of the customer and the contents of the package, unless expressly authorized by the customer or when required by a competent authority (e.g. customs or police authority) with an express legal authorization to know such information.

4.4. Right to Refusal. You retain the sole right to determine when you are providing the Parcel Services. You shall accept, decline or ignore Parcel Services requests made by Customers at your own choosing. In this regard, you must not place Bids or immediately cancel any Bid (manually or automatically) placed if you determine that you are unable to adhere to the terms and conditions of this Agreement or are unable to provide a professional service in accordance with this Agreement and our Code of Conduct.

4.5. Right to Cancellation. You may cancel an agreed (confirmed) or ongoing service, whenever it does not violate any legal regulations and you have reached an agreement with the Customer. In any case you will be liable for any legal or financial consequences arising from the cancellation of an agreed or confirmed service.

4.5. Equipment, Expenses and Supplies. You are obliged to provide and maintain all equipment and means that are necessary to perform the Parcels Services at your own expense, including a means of transport (e.g. bicycle, scooter, car, flight ticket, etc), a device that allows remote connection to Mailjour Services (e.g. smartphone, tablet, computer, etc) and any other tools, supplies or services you need to carry out the service. You are also responsible for paying all costs you incur in the course of performing the Parcel Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the Mailjour Services may bring about consummation of large amount of data on your mobile data plan and power consumption of your mobile device. Thus, we suggest you subscribe for a data plan with unlimited or very high data usage capacity and have alternative sources of energy at hand such as an extra battery.

4.6. Pricing. You are completely free to set the Price of the Parcel Service you offer. In this regard we do not interfere in any way in the Price you charge your Customers, and you are in any case responsible for setting a competitive, fair price, that is appropriate to the market and compliant to any legal regulations governing freight rates. You are also entirely responsible for calculating a Price that meets your financial needs and covers your operating expenses, including our fees and the fees associated with the payment gateway (Stripe or PayPal) for payment processing and maintenance of your Account. You also exempt Mailjour Systems OÜ from any loss resulting from a miscalculation of the price of your services.

4.7. Bidding. You will be able to make an offer to a Customer by placing a bid on a service that has been matched by the matching engine in an automated or “Direct” way. Bids can be placed manually or automatically and you retain the sole right for defining the bidding mechanism that best suits your needs as well as the conditions of service that are associated with the bid, such as price, delivery and pick-up time, pick-up and delivery location, return policy, among others. Once you place Bid, you must await acceptance or rejection by the Customer and any unfair, unethical, illegal or unlawful methods outside the channels provided by Mailjour, to force a decision by the Customer must be avoided. You may add a comment at the time of bidding, which must not contain direct contact information or information that could lead to an agreement outside of the methods and channels provided by Mailjour, offensive language, sensitive data or any information contrary to law. You must also refrain to use the Bidding system to manipulate the development of a free market by abusing a dominant position, agreeing prices or conditions between Providers or any other unfair and anti-competitive conduct. All accepted Bids must be manually confirmed as a security mechanism, and you have the right to cancel any Bid that does not meet your needs (e.g. incorrect or inappropriate price, excessively tight deadlines, unfeasible delivery, etc.) or that may violate any of the terms and conditions of this agreement (e.g. illegal content, offensive behaviour, etc.). Upon Bid confirmation, a Parcel Service is created as well as a close legal binding between you (or your business), the Customer and the Service you are going to provide based on the conditions of the Bid that has been accepted.

4.8. Automatic Bidding. We provide you with a way to streamline the bidding process and increase the chances of being hired through the automated bidding system, which places an automatically calculated Bid on requests that have been matched with an active service. The price of automatic bids is calculated based on the actual distance between the place of origin and the place of destination and the price you have previously defined per unit of distance (e.g. per km, per mile), which is subject to the pricing conditions in this Agreement. The distance is calculated using geolocation technology provided by MapBox Inc., and for competitive reasons uses the shortest route between the two points and is strict about the conditions proposed by the Customer (e.g. delivery time). It is your obligation to determine whether the automatically created bid meets your needs and if it does not, you must cancel it. The cancellation of automatic bids, prior to their confirmation, does not entail any sanctions, legal or commercial consequences.

4.9. Obligation to comply with the agreement reached with the Customer. The confirmation of an accepted Bid symbolizes the commercial and legal agreement reached between you and your customer, with all its legal and professional implications. The commercial agreement reached with your customer shall include the terms and conditions of this Agreement and may include your own terms of service, which must always be made known to the Customer and must comply with current legislation. In any case, the confirmation of a Bid obligates you to provide the Parcel Service you have offered, in accordance with the terms and conditions agreed with the Customer and Mailjour Systems OÜ. You shall bear all legal, financial and other consequences arising from the non-fulfilment of the commercial and legal agreement reached with the customer.

4.10. Obligation to compensate the Customer. When you agree to perform a Parcel Service, you agree to indemnify the customer for any damage or loss because of the performance of the service, including, but not limited to, accidents, loss, delays and errors in pickup or delivery, except where the damage is directly due to a demonstrable failure in the operation of our systems. In this regard, we recommend that all our Providers carry liability insurance although it is not compulsory, and we will not certify in any way the validity of such insurance and its coverages. If you feel that we need to compensate you or your Customer for a failure in our systems, you should contact our support team and open a Dispute selecting "System Failure" as the cause and explaining all the details related to the incident.

4.11. Cancellation Fee. Customers may set a cancellation fee for an ongoing or cancelled service unilaterally. Mailjour does not intervene directly in the definition of this fee, but the Customer may choose between i) reimbursement of any payment made, ii) the declared value of the undelivered product, iii) an arbitrary figure defined by the Customer. In addition, you as a Provider, may also define a cancellation fee, which applies when the customer unilaterally cancels the service and which can be up to the price of the service that has been cancelled. In either case, Mailjour will attempt to charge the fee automatically from the payment method associated with the account that cancelled the service. In the event that automated charging is not possible, the Provider and the Customer shall reach a mutual agreement to arrange for such payment outside of the platform.

4.12. Payments. Payment for Parcel Services must be made through the payment gateways provided by Mailjour, in all cases for providers with a free subscription plan but is optional for all other subscriptions. When creating your Account as Provider, you will be obliged to create a Stripe® account (or connect an existing one) and all charges made through the platform will be made directly in your name or in the name of your business. Your customers will see on their bank statements your name or your company’s name, as well as the payment description you have defined in Stripe®. By creating or connecting your Stripe® account you agree to Stripe®'s terms and conditions and understand that Stripe® charges its own fees for each transaction made, as well as for disputed and other transactions. Mailjour does not store any means of payment or sensitive data directly related to the means of payment in its infrastructure, which are in any case under the control and safekeeping of Stripe®. Our system will attempt to charge a pre-authorized payment method at the time the Parcel is marked as "Delivered". Under no circumstances should you force collection before the Parcel is delivered and any such action will result in an automatic refund of the payment, as well as a penalty from us which may include a negative assessment and/or termination of your account. However, the Customer may pay you at any time he/she chooses, without any obligation on your part or coercion by you, Mailjour or any third party. Mailjour shall not be liable in any case for failures, errors, security breaches, or non-conformities in the processing of payments, except where this is directly due to a failure of the system developed by the Mailjour.

4.13. Mailjour Fees. Our business model is based primarily on charging you, the Provider, a commission for each successful transaction. Fees may vary depending on the subscription plan to which you are subscribed. Fees are divided into a fixed fee and a variable fee. The Fixed Fee is a value that is independent from the price of the service and the Variable Fee is a value that is calculated as a percentage of the price of the Service you have provided. Fees are automatically deducted from the payment made by the Customer when Stripe® processes it and when it is not possible to deduct it automatically from the payment processed by Stripe®, we may attempt to capture the funds at the end of the month from the payment method you have associated with your account. It is of paramount importance to note that Mailjour Fees are not automatically included in the price of your Parcel Services and you are responsible to calculate your prices accordingly. While fees are charged at the time of payment processing, we will issue a monthly Invoice with all the fees we have charged you, which will be Tax compliant as long as you provide us with valid Tax information. Fees are not refundable if you decide to refund any payment made by the Customer, unless the reason for the refund is due to a problem related to the operation of our Platform, which has prevented the normal development of the service, in which case you must contact us before proceeding with the refund. We reserve the right to change the amount of the Fixed Fee and the percentage of the Variable Fee at any time at our discretion. We reserve the right to change fees at any time at our discretion, but you have the right to be informed at least 1 month in advance of such changes.

4.14. Obligation to pay Mailjour Fees. You as a Provider, will be obliged to pay Mailjour Systems OÜ a fee whenever a parcel is delivered using our systems. We will not charge a fee if the Service is cancelled prior to delivery, regardless of which party requested the cancellation. However, we have systems in place to monitor anomalous behaviour and we are very strict about fraud, so any attempt to avoid payment of fees through forced, repeated and unjustified cancellations may be penalized by the permanent closure of your account and a ban from using our services indefinitely. We reserve the right to initiate any legal action necessary to repair the damages caused by fraudulent use of our platform, including any technique or methodology to evade payment of fees for use of our platform or any of the services provided by Mailjour Systems OÜ.

4.15. Refunds and Chargebacks. You will be able to refund any payment made by your customers through our Web App, Mailjour Terminal or your Stripe® dashboard, at any time you feel necessary. It is your responsibility to issue a refund when a Customer requests it or when a competent authority requires it in case of a dispute. In any case, Mailjour does not issue refunds due to Customer complaints or requests, although we reserve the right to issue a refund through Stripe® connected accounts when a competent authority so requires, because of a dispute or legal procedure. In addition, Customers have the right to pursue Chargebacks through their banks when they believe a charge is incorrect or fraudulent. The Provider shall be liable for the payment of any fees or commissions arising from a Refund or Chargeback and shall indemnify Mailjour against any damages or consequences of any nature whatsoever arising from a Refund or Chargeback related to a parcel service, except where a charge has been erroneously made due to a demonstrable malfunction of our systems. You agree and authorize Mailjour to make refunds on your behalf, where we consider that you have breached the terms and conditions of this agreement, in the provision of a Parcel Service. You further agree to bear the costs associated with any refunds made on your behalf by Mailjour, except where you believe and demonstrate that the refund has been made due to a malfunction of our systems.

4.16. Tax obligations. You hereby acknowledges that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Parcel Services, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Parcel Services. You hereby agree to compensate Mailjour Systems OÜ all state fees, claims, payments, fines, or other tax obligations that Mailjour Systems OÜ will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax and social tax).

4.17. Invoicing and Receipts. You grant the platform the right to automatically generate a receipt or an invoice on your behalf for every successful provision of Parcel Services, which may be consulted by or forwarded to the Customer at any time. Invoices are created as long as all the following criteria are met: i) the Provider has enabled automatic invoice generation, ii) the Provider has entered their tax data in the settings section, iii) the customer has entered their tax data in the settings section. In cases where any of the above conditions are not met, a Receipt will be issued instead, which do not have tax information and may have no legal effect in certain countries and regions. The invoice and the receipt, may be consisting of some or all of the following information: the company’s business name, place of business, the first name and surname of the Provider, the logotype of the Provider, service license or permit number (if applicable), the date and time of the transaction, the pickup and delivery locations, the duration and length of the service, the Price owed and paid for the provision of the Parcel Services, Taxed defined by you and any Disbursement paid by the Provider. Receipts and Invoices of each provision of Parcel Services are available to you via the Terminal App and the Web App. You are obliged to check that the data contained and the calculations in the invoices generated meet your needs and legal and/or fiscal requirements. In the event that Invoices are generated with inaccurate information or calculations, you must immediately inform the Customer, disable the automatic invoice generation function, and inform us through the technical support channels.

4.18. Tax calculation in Invoices. Only invoices can contain tax. Taxes are calculated based on the settings you have defined in the Accounting section of the settings section and the total price of the service that has been performed. For example, if you have defined a +20% VAT and you have charged a total of 10 euros for your provided Service, the invoice will show a subtotal of 8 euros and 2 euros for tax (20%), for a total sum of 10 euros. Mailjour does not provide tax advice and is not responsible for inaccurate tax calculations, which must always be reviewed and validated by both the Provider and the Customer. In the event that invoices are generated with inaccurate tax calculations, you must immediately inform the Customer, disable the automatic invoice generation function, and inform us through the technical support channels. We always recommend seeking tax advice, whenever you want to provide invoices that comply with current tax and legal regulations.

4.19. Disputes. Either the Provider or the Requester may open a Dispute when they believe that they have received inadequate service or treatment, believe they are entitled to compensation or believe that the terms of this agreement have been breached. Disputes serve to provide the necessary evidence and arguments of the parties involved in an objective and impartial manner. Mailjour will not take part in any mediation and will allow the parties to negotiate smoothly and try to reach an agreement based on the goodwill of the parties. However, if the Dispute cannot be resolved by the parties, Mailjour may propose an impartial mediator if requested, whose services shall be paid for by the parties involved in the dispute. In addition, Mailjour shall have the right to provide and disclosure the details of a Dispute to the competent authorities upon request by court order, as part of a legal process or criminal investigation.

4.20. Tracking. You are not obliged to provide your exact location and we will not record your exact location without your permission. Your browser, the Mailjour Terminal application and your mobile device have mechanisms to block exact geolocation and you should use them whenever you wish to prevent Mailjour from recording your precise location. However, for security reasons and to offer a minimum level of guarantees to our users, you as a Provider, are required to provide a location, either approximate or exact, to be able to provide Parcel Services through Mailjour. Exact locations are not shared with Customers, other users or third parties. Locations will be provided to your customers as an approximation of no less than 500 meters, although we will keep encrypted records of your exact location, during the provision of a service, to ensure the security of parcels and in the case, it is required by a competent authority in the event of litigation, legal proceedings, or criminal investigation. We may securely send your exact or approximate location to MapBox Inc. (https://mapbox.com) for geo-spatial calculations and map rendering, but under no circumstances will we pass it on to third parties together with personally identifiable data. For more information about tacking and how we store your personal information, please see our privacy policy.

4.21. Route optimization. We offer a route optimization service that uses information from your active Parcels and your exact location to plot a feasible and optimal route in terms of time and distance travelled. Our optimization algorithm is complex, takes in account multiple factors and uses technology provided by MapBox Inc. The optimization system may use pick-up and delivery date and time, number of active parcels, your precise location, the type of vehicle or means of transport and the actual road and highways layout to perform the relevant calculations. The algorithm can detect when a package cannot be delivered in the time initially estimated and will propose to modify the dates or times of collection and/or delivery in order to generate the optimized route. In any case, the generation of automated routes shall be considered as a non-binding suggestion, and you have the right to refuse the proposed route or the automatic rescheduling of packages that cannot be routed. Whether the rescheduling is done manually or automatically, you are obliged to inform the Customer and reach an agreement with him about any changes in collection dates or times.

4.22. Communications. We encourage you to communicate with your customers using the communication mechanisms provided by our platform, to ensure security, objectivity, impartiality, and traceability of communications arising from the execution of the service. For privacy reasons, all communications must be addressed to the Requester and direct communication with the Recipient or Sender of the package is strictly prohibited, unless one of them is the Requester. Any form of attempt to obtain the contact details or personal data of the sender or the recipient, which have not been provided by the Requester, is prohibited. Any attempt to obtain the sender's or recipient's contact details or personal details, which have not been provided by the Requester, is prohibited, and may result in immediate termination of your Account and this Agreement.

4.23. Reviews and Ratings. You will be able to rate your customers by leaving a rating and a review on each Parcel and your Customers will also have the possibility to evaluate your service. All evaluations must follow our Code of Conduct and be faithful to the treatment received and the commercial relationship maintained with the Customer, maintaining a cordial tone, not including sensitive or personal information, and avoiding offensive or pejorative language. Any violation of these rules or our Code of Conduct may be punishable by termination of your account and an indefinite ban from using our services. If we determine any rating or review is not given in good faith, it may be removed by us and not be projected in the calculations of your rating or your customer’s rating.

4.24. Tipping. Our systems do not currently allow tips from Customers. However, you are completely free to accept tips from your Customers and we will not charge any fees or commissions from them. Please also note that pre-authorized payments do not allow for the collection of amounts greater than the amount that has been authorized, so it is not possible at this time to collect more than the amount that was agreed upon during the bidding phase.

4.25. Forbidden Items and Merchandise. You are obliged to refuse any Parcel containing the following objects when using Mailjour:

  • Passengers
  • Money or monetary assets
  • Jewellery
  • Drugs and narcotics
  • Flammable liquids
  • Explosives
  • Pornographic material of any kind (including licit material)
  • Any object, product or merchandise requiring a special license for transport (domestic or international)
  • Weapons or any item that could be considered as such by local and international laws
  • Live animals
  • Human remains, organs, or body parts
  • Any material intended for illicit activities such as terrorism, fraud, and criminal activities.
  • Any object, product or merchandise that is illicit or prohibited by the legislation of the country of origin, transit, or destination.

5. REQUESTING AND RECEIVING PARCEL SERVICES

5.1. The Requester obligations. You hereby accept to publish Parcel Service Requests and receive Parcel Services from the Providers registered in our Platform in accordance with the General Terms, Agreement as well as laws and regulations applicable in the country, state and/or region where you are requesting and/or receiving Parcel Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from requesting and/or receiving Parcel Services.

5.2. Licenses and permits. You must have all licenses, permits, insurance, registrations (including customs permits and clearance), certifications and other documentation that are required in the applicable jurisdiction to request and hire Parcel Services. It is your obligation to maintain the validity of all aforementioned documentation. Mailjour Systems OÜ reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations, and certifications.

5.3. The relationship between you as Requester and Mailjour. You hereby acknowledge and agree that we are a software company that provides an information society service and do not provide Parcel or Transport Services. By providing the Mailjour Platform and Mailjour Services, we act as marketplace aimed to connect Requesters with Parcel Service Providers through a system that helps them reach fairer service agreements while having decision-making power in the whole process of contracting, monitoring, and implementing the service, for all parties involved. You acknowledge that you hire Parcel Services available through our platform based on a contract directly entered with the Provider that you have chosen or that you have authorized our systems to choose for you, using criteria and information supplied by you. You further acknowledge that you are acting of your own free will and have not been coerced in any way by Mailjour to publish Service Requests, choose a Provider or contract Parcel Services through our Platform. Contracts entered between you and the Provider through the Mailjour Services and Platform shall also be subject to the provisions set forth in this Agreement. Mailjour Systems OÜ, as the operator of Mailjour Platform and Services acts as the commercial agent of the Providers for the mediation of conclusion of contracts between the Provider and the Requester, and thus, among other things, accepts payments from the Requester and forwards the payments to the Provider. Mailjour may use the means at its disposal, based on the terms of this agreement and applicable law, to monitor and enforce the quality of the Parcel Services managed through the Platform, but in no event shall Mailjour be responsible for the quality of the service provided by the Providers, nor for the performance of the service agreement reached between you and the Provider, even if such agreement has been reached using the Services and Platform provided by Mailjour.

5.4. Right to Refusal. You retain the sole right to determine when you are requesting and hiring Parcel Services. You shall accept, decline, or ignore Bids placed on your Service Requests by Providers at your own choosing. In this regard, you must ignore or decline any Bid placed or immediately cancel any accepted Bid (manually or automatically) you determine that it is not beneficial to you or that does adhere to the terms and conditions of this Agreement and our Code of Conduct.

5.5. Right to cancellation. You may cancel an agreed or ongoing service, whenever it does not violate any legal regulations and you have reached an agreement with the Provider to cancel the Service. In any event, you will be liable for any legal or financial consequences of cancelling an agreed or confirmed service.

5.6. Right to compensation. When a Service is confirmed by the Provider, you acquire the right to be indemnified from the Provider for any damage or loss because of the performance of the service, including, but not limited to, accidents, loss, delays and errors in pickup or delivery, except where the damage or loss is directly due to a demonstrable failure in the operation of our systems. In this regard, we recommend that all our Providers carry liability insurance although it is not compulsory, and we will not certify in any way the validity of such insurance and its coverages. If you feel that we need to compensate you for a failure in our systems or a violation of this Agreement, you should contact our support team and open a Dispute selecting "System Failure" or “Terms Violation” as the cause and explaining all the details related to the incident.

5.7. Publishing Service Requests. You retain the sole right to determine when to publish a Service Request in our Platform. The publication of Requests can be done manually, by filling in a form in our web or mobile application, or automatically, by using an integration module provided by us or developed by a third party. In any case, the publication of the Request is done with your authorization and using the requirements and service needs defined by you.

5.8. Service pricing. You acknowledge that Mailjour does not set, manipulate, control, or monitor the prices of the parcel services offered through the Platform. In this regard, you also acknowledge that the price of the Bids you receive is calculated and set by the Provider. You are solely responsible for deciding whether the price of the Service is fair and suits your needs.

5.9. Accepting Bids. When you accept a Bid, you acknowledge that you agree to the conditions of service proposed by the Provider, including, but not limited to, price, collection and delivery times, mode of transport and any requirements requested by the Provider, in addition to the terms and conditions in this Agreement. Acceptance of incoming Bids must be made using the means provided by the Platform for this purpose and acceptance of any Bids by other means is prohibited. The acceptance of a Bid can be done manually, requiring direct action by the Requester, or automatically, where the Requester authorizes Mailjour to automatically accept incoming bids that meet the requirements and criteria defined by the Requester. In the case of automated acceptance, the Requester will have the possibility to authorize acceptance based on the following criteria: i) maximum price, ii) pickup and delivery times, iii) provider's rating, iv) insurance need, v) need to comply to specific conditions set by the Requester, vi) a list of specific providers set by the Requester. The automatic acceptance of bids is done automatically, without human intervention or manipulation by Mailjour for any purpose other than to expedite the process of contracting services. When a Bid is accepted in an automated manner, the Requester shall have a maximum of 5 minutes from acceptance to cancel the bid, without any cancellation fee being charged by the Provider. You hereby exempt Mailjour from any liability as a result of accepting a Bid and understand that you must comply with the terms and conditions proposed by the Provider in the Bid, once the Provider confirms the Parcel Service.

5.10. Payment Pre-Authorizations. Pre-payment authorizations allow you to provide assurances to Providers about your creditworthiness and ability to pay for the services you will receive. Pre-authorizations are performed whenever you accept a Bid and temporarily block the funds in your bank account, but do not capture the funds or transfer them to the Providers. The blocking of funds may be extended for up to 7 days, but will be released as soon as a Bid is manually or automatically cancelled. The time it takes for funds to be unblocked depends on your bank entity, but normally does not exceed 48 hours. Pre-authorizations become captured payments when a Parcel is marked as Delivered. All pre-authorizations are made on behalf of the Provider and you will see on your bank statements, the concept and description defined by the Provider. You should immediately contact your bank and our support team if you believe that suspicious or fraudulent pre-authorizations have been made on your means of payment.

5.11. Payments. All payments made through our Platform and Applications are made using technology provided by Stripe® or PayPal®. Payment gateways provided on our Platform and applications are set up in Marketplace mode and connect directly with the Service Providers, so all payments are charged on behalf of the Providers with which they are associated. Payments made on our Platform or Applications will be reflected on your bank statement with the description and concept defined by the Provider. Mailjour will attempt to automatically capture funds from payment methods that have been pre-authorised, at the time the Provider marks the Parcel as delivered. You will also be able to pay manually and at any time, the invoices or receipts that are issued through the web application. Mailjour recommends that you use the means of payment provided by Mailjour, when you have contracted a Parcel Service through the means provided by our Platform and Applications. Mailjour recommends paying invoices or bills issued only when you are satisfied with the service received. You should always contact the Provider with any problems relating to payment for the Services, although you may contact our support team if you do not receive a response from the Provider.

5.12. Obligation to pay the Provider. By using our Platform or applications to Request Parcel Services, you accept the obligation to pay for those services that you have Requested through Mailjour and that have been confirmed by the Parcel Service Provider, except where you believe that this agreement has been breached and/or you have not received a service in accordance with the service level agreed with your Provider. You authorise Mailjour and its Provider to automatically collect payments on pre-authorised or stored payment methods when the Provider marks the package as delivered.

5.13. Refunds and Chargebacks. You may request a refund of any payment made through our Platform or Applications, whenever you deem it appropriate. The refund request must be made by opening a Dispute. It is at the discretion of the Provider to accept or reject a refund request, but Mailjour may issue a Refund, without the Provider's authorization and on their behalf, where we consider that the terms of this agreement have been breached and there has been no response from the Provider to the Dispute. You may also request a chargeback from your bank if you believe that an unauthorised charge has been made to your payment methods.

5.14. Mailjour Fees. Mailjour does not charge any fees to the Requester for publishing of Requests, matching, acceptance or declination of Bids, Parcel Services, cancellation of services, registration, closure, or account maintenance. However, we may charge a mediation fee if necessary and users with a Commerce account will be able to purchase a monthly subscription plan to access integration modules and the public API. Providers may not charge any additional fees on behalf of Mailjour or using Mailjour's services as a concept and you must refuse and inform us immediately of such action if it occurs.

5.15. Invoicing and Receipts. You will receive an invoice or receipt whenever you pay for a Parcel service through Mailjour. Invoices or receipts resulting from a Parcel service are always issued in the name of the Provider. Invoices are created as long as all the following criteria are met: i) the Provider has enabled automatic invoice generation, ii) the Provider has entered their tax data in the settings section, iii) the Requester has entered their tax data in the settings section. In cases where any of the above conditions are not met, a Receipt will be issued instead, which may not have tax information and may have no legal effect in certain countries and regions. The invoice and the receipt, may be consisting of some or all of the following information: the Provider’s business name, place of business, the first name and surname of the Provider, the logotype of the Provider, service license or permit number (if applicable), the date and time of the transaction, the pickup and delivery locations, the duration and length of the service, the Price owed and paid for the provision of the Parcel Services, Taxes and any Disbursement paid by the Provider. Receipts and Invoices of each provision of Parcel Services are available to you via the Web App. You are obliged to check that the data contained and the calculations in the invoices generated meet your needs and legal and/or fiscal requirements. In the event that Invoices are generated with inaccurate information or calculations, you must immediately inform the Provider, defer for using the invoice for any legal or fiscal purpose and inform us through the technical support channels.

5.16. Tracking and geospatial position. Mailjour does not actively track Requesters. However, our Web and Mobile application may request to obtain your precise geolocation to display alerts, speed up the Parcel Service Request process and offer suggestions based on your location. You may also provide the precise geospatial position of the recipient or sender of the Parcel Services, in which case you acknowledge that you have received permission from the recipient or sender to share such information with us. We do not store the location history of the Requesters, Recipients or Senders, nor do we share their precise or approximate location with the Providers and other users of the platform, except when the location has been used to publish a Request, as a pick-up or delivery point for the package. We do not share precise or approximate geolocation with third parties, except when we need precise or approximate to perform complex geospatial calculations and display maps in our applications, in which case we will share this information with MapBox Inc. Your precise or approximate geolocation may also be shared with law enforcement authorities who are required by a court order to do so as part of an ongoing judicial or law enforcement investigation or prosecution.

5.17. Disputes. Either the Provider or the Requester may open a Dispute when they believe that they have received inadequate service or treatment, believe they are entitled to compensation or believe that the terms of this agreement have been breached. Disputes serve to provide the necessary evidence and arguments of the parties involved in an objective and impartial manner. You may be asked to upload photos of the Package or documents to help demonstrate the original and current condition of the Package, as well as to demonstrate any issues or problems you state in the Dispute. Mailjour will not take part in any mediation and will allow the parties to negotiate smoothly and try to reach an agreement based on the goodwill of the parties. However, if the Dispute cannot be resolved by the parties, Mailjour may propose an impartial mediator if requested, whose services shall be paid for by the parties involved in the dispute. In addition, Mailjour shall have the right to provide and disclosure the details of a Dispute to the competent authorities upon request by court order, as part of a legal process or criminal investigation.

5.18. Forbidden Items and Merchandise. You are prohibited from sending the following items and goods when using Mailjour to request or receive parcel services:

  • Passengers
  • Money or monetary assets
  • Jewellery
  • Drugs and narcotics
  • Flammable liquids
  • Explosives
  • Pornographic material of any kind (including licit material)
  • Any object, product or merchandise requiring a special license for transport (domestic or international)
  • Weapons or any item that could be considered as such by local and international laws
  • Live animals
  • Human remains, organs, or body parts
  • Any material intended for illicit activities such as terrorism, fraud, and criminal activities.
  • Any object, product or merchandise that is illicit or prohibited by the legislation of the country of origin, transit, or destination.

Providers are expressly instructed to refuse any shipment containing any of these prohibited items. Using Mailjour Services to send prohibited items and merchandise may result in the permanent closure of your account, a negative rating on your profile and/or notification of the relevant authorities where necessary.

6. CUSTOMER SUPPORT

6.1. Technical Support. We provide technical support to all users who use our Platform and Services. Technical support is limited exclusively to resolving operational problems directly related to the Platform, the Software and the services that depend on them, which may include, but are not limited to, problems accessing the platform or applications, application errors and bugs, matching problems, incorrect allocation of parcels, problems placing, accepting, confirming or cancelling bids, problems with package tracking, inability to make payments, problems creating, managing or changing the status of a parcel, and problems with notifications.

6.2. Parcel Service: Mailjour does not in any case provide support for the Parcel Services that are provided by the Providers registered on the platform. Any problems arising from the performance of the parcel services shall be dealt with and addressed directly with the Service Provider. Mailjour may however provide the parties involved with the means and information necessary to make communication between the parties possible and may attempt to communicate with either party in the event that communication is not possible.

7. RATINGS AND ACTIVITY

7.1. To guarantee a minimum level of service and provide additional reassurance to the Users of our Platform, you hereby acknowledge that the Requesters and/or Providers may provide you a rating and leave feedback regarding the quality of the Parcel Service, that you have received or provided. Your average rating will be linked to your Account and will be available to other Users through our Platform. The Requesters can view the profile and ratings of the Providers, but only the Providers can view the profile and ratings of the Requesters. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of your rating.

7.2. In addition to the rating, we measure your level of activity and provide you with an activity score, which is based on your activity regarding the performance of the Parcel Service you receive or provide. In this sense some actions or events may add points to the score (e.g., delivering a parcel on time) and others may subtract points (e.g., losing or damaging a parcel).

7.3. In order to offer reliable Parcel Services to Requesters, we may determine a minimum average rating and a minimum activity score that Providers must establish and maintain. If, after a pertinent notification from us, you do not increase your average rating or activity score to minimum level within the prescribed time period, your Account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances, or it is detected that the suspension was caused by a system error or false ratings.

8. RISK ASSESSMENT

8.1. Risk calculation. To increase the confidence of users who use our Platform and Services, we perform a risk calculation of all transactions carried out through our Platform. The algorithm developed by us to calculate the risk of a given transaction is at Mailjour's sole discretion and includes, among others, the rating of the Provider and the Requester, the pick-up and delivery times, the result of feasibility tests, the geographical area where the service is performed, the distance travelled, the price, the number of services provided or received and the categorisation of the items or products being parceled.

8.2. Disclaimer. The risk assessment is only intended to function as an objective mechanism, but merely as an indication of the risk that a given transaction will not be carried out satisfactorily, from start to finish. Under no circumstances should it be used as a method of assessing the quality of the service provided by the Providers, nor as a personal assessment of the parties involved in a transaction. You are free to accept or reject the risk assessment made on a given transaction, to determine its validity and to use it as a means of accepting or cancelling a transaction.

8.3. Your right of appeal. If you believe that a risk assessment is inadequate or does not reflect the actual situation of the transaction, you may appeal against it by informing our technical support team, explaining why you believe it is inadequate and providing all the evidence you consider appropriate. However, it is at Mailjour's sole discretion to accept, process or determine whether a risk assessment is appropriate and to determine any adjustments or modifications to the assessment, if applicable.

9. MARKET ANALYSIS AND OVERVIEW

9.1. Pricing Recommendations and Insights. We may show you pricing recommendations and insights based on bids placed and accepted through our Platform, to help Requesters select the best price and Providers define prices that are competitive and adapted to the market. Such recommendations and insights are merely recommendatory and do not constitute any obligations for you. As the pricing estimations are based on previous statistics, we cannot give any guarantees that the actual market situation will correspond to the estimations provided in such recommendations and insights.

9.2. Demand Insights. We may show you information and data related to demand in certain geographic areas and/or time periods, to help Providers set up their Journeys and increase their chances of recruitment. Demand calculations are made based on previous statistics and in real time and we do our best to make them as accurate as possible, but we cannot guarantee that the data shown corresponds to the actual market situation at any given time.

10. SUBSCRIPTIONS

10.1. Subscription plans. We offer subscription plans that give our users access to complementary or more advanced functionalities and lower fees. The subscriptions available depend on the type of account and each subscription offers specific advantages over other subscriptions. Subscription plans are available exclusively for users with Provider and Commerce accounts.

10.2. Your right to select a subscription plan. A free subscription plan is offered for all account types, and you are not obliged to purchase any paid subscription plan. You have the sole right to purchase a subscription plan based on your own requirements and needs.

10.3. Billing. You will be billed and charged each month in advance. Charge attempts on your default payment method will be made on the day on which the subscription plan was purchased. A tax invoice will be issued for each payment made. You will be required to provide valid billing details at the time of subscription or via your account settings panel. You hold Mailjour harmless from any liability, damages or consequences arising from the provision of invalid or incomplete billing information. You may request a change in the billing details of an invoice issued by us, provided that the change is requested within 72 hours of its issuance.

10.4. Automatic downgrades. We will automatically downgrade any subscription that cannot be collected automatically after 3 collection attempts. You are obliged to keep your payment methods and information up to date and provide a payment method that can be automatically charged, if you want to avoid an automatic downgrade for non-payment. You release Mailjour from any liability, damage or consequence arising from automatic or manual downgrade as a result of non-payment.

10.5. Downgrade requests. You may request to downgrade your subscription plan at any time and you will enjoy the benefits, features and functionalities of the purchased plan until its termination, after which you will charged the price, and enjoy benefits, features and functionalities of the plan to which you have chosen to downgrade.

10.6. Upgrade requests. You may request to upgrade your current subscription plan at any time. The charge for the new subscription plan will be made at the time of upgrade, which may be immediately or at the end of the current subscription period. In either case you will only be able to enjoy the benefits, features, and functionality of the upgrade once you have been charged by us.

10.7. Trial periods. We may offer free trial periods of available subscriptions, which will be added by default to your account, at the time of registration, with no upfront payment required, and no payment method requested during the registration process. You may cancel the trial period at any time by selecting the free subscription plan in the settings section under subscriptions. After the trial period has expired, our system will attempt to charge you for a new subscription period, whenever you have associated a valid payment method to your account. If the system is unable to charge the subscription, your subscription will be automatically downgraded to the free plan and you will be notified via email or push notification.

10.8. Modifications to subscription plans. The price and benefits of each subscription may vary over time. Mailjour reserves the right to change the features, functionality or benefits offered in the subscription plans at any time. You will be notified 30 days prior to the effective date of any changes to the price or features, functionality or benefits offered in our subscription plans. You must request a downgrade of your subscription plan immediately if you do not agree with the changes made. Any plan renewal made after notification of the changes shall be deemed to be acceptance of the new changes.

10.9. Refunds. Subscription charges will not be refunded, except where a refund is requested less than 24 hours after the charge and you have not made any service request or provided or received a Parcel Service during that time. You may also be refunded if the charge was made due to a demonstrable error in our systems. Refunds may occur automatically if you downgrade or upgrade your subscription plan within 5 minutes after you have been charged.

11. PROCESSING OF PERSONAL DATA, ACCESS TO DATA

11.1. Your personal data will be processed in accordance with the Privacy Notice, available at https://mailjour.com/terms/privacy

11.2. Mailjour has access to all personal data and other data provided or generated in connection with your use of the Mailjour Services. Mailjour shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, Mailjour maintains access to such data also after the Agreement between you and Mailjour is terminated. All data that can directly or indirectly identify a person is encrypted at rest.

11.3. You have access to personal and other data provided by you or generated in connection with your use of the Mailjour Services to the extent that is made available to you under your Account through our Platform and Software. You shall take all reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data contains personal data of Requesters and/or Providers.

11.4. In compliance with current legislation, you may request the destruction of personal data stored in our systems. However, the process may take up to 72 hours and we must be kept some your information in our systems for security and identification purposes. We will apply methods to anonymize, truncate or encrypt to any necessary data, so that they lose their personal nature. Requests for the destruction of personal data must be made by requesting account deletion on the web app or Terminal app or in writing via the electronic means provided by Mailjour or by post to Sakala 7-2, Tallinn 10141, Republic of Estonia.

12. LIABILITY

12.1. The Mailjour Platform, Software, Services and Applications are provided on an "as is" and “as available” basis. We do not represent, warrant or guarantee that access to Mailjour Platform, Software, Services and Applications will be uninterrupted or error free. As the usage of Mailjour Platform, Software, Services and Applications for requesting Parcel Services depends on the behavior of Requesters and Providers, we do not guarantee that your usage of the Mailjour Platform, Software, Services and Applications will result in the satisfactory provision of Parcel Services.

12.2. To the extent permitted by applicable law and subject to the terms and conditions provided for in this Agreement, we, nor Mailjour’s representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the Platform, Software, Services and Applications, including but not limited to: 14.2.1. any direct or indirect property damage or monetary loss; 14.2.2. loss of profit or anticipated savings; 14.2.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; 14.2.4. loss or inaccuracy of data; and 14.2.5. any other type of loss or damage.

12.3. The financial liability of us in connection with violating the General Terms or Agreement will be limited to 300 euros. You shall have the right to claim for damages only if we have deliberately violated the General Terms or Agreement.

12.4. We shall not be liable for the actions or non-actions of the Requesters or Providers and shall not be liable for any loss or damage that may incur to you or your equipment, or your parcel as a result of actions or non-actions of the Requesters or Providers.

12.5. You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and laws and regulations. If a Requester presents any claims against us in connection with the provision of Parcel Services, then the Provider shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.

13. TERM, SUSPENSION AND TERMINATION

13.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you start or continue using Mailjour’s Platform, Software and/or Services.

13.2. You may terminate the Agreement at any time by notifying Mailjour at least 2 (days) days in advance, after which your right to use the Mailjour Platform, Software and Services shall terminate. Mailjour may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 2 (two) days in advance.

13.3. Mailjour is entitled to immediately terminate the Agreement and block your access to the Mailjour Platform, Software and Services without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, disparage Mailjour, or cause harm to Mailjour’s brand, reputation or business as determined by us in our sole discretion. In the aforementioned cases we may, at own our discretion, prohibit you from registering a new account.

13.4. We may also immediately suspend (block) your access to the Mailjour Platform, Software and Services and to your Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.

13.5. In order to ensure that the Parcel Services offered through our Platform are of a minimum level of quality, we may conduct general or specific monitoring of the transactions that take place on our Platform. Mailjour reserves the right to terminate or suspend any Provider account that is used to provide substandard services and/or in violation of this Agreement and/or applicable law.

13.6. Additional requirements and safeguards provided in Regulation (EU) 2019/1150 (Regulation) shall apply where the termination of the Agreement or blocking of the access to the Mailjour Platform, Software and Services affects the rights of the User using the Mailjour Platform, Software and Services for the provision or reception of Parcel Services in the member state of the European Union or European Economic Area (Member State).

13.7. The User referred to in section 13.6 (User Operating in the Member State) has the right to appeal the termination of the Agreement, suspension, blocking, and other alleged non-compliance of Mailjour with the Regulation. Appeals must be made in writing, through Mailjour's complaint communication channels and mechanisms or by post to Sakala 7-2, Kesklinna linnaosa, Tallinn, Harju maakond, Republic of Estonia.

14. AMENDMENTS

14.1. Mailjour reserves the right to amend these General Terms anytime by uploading the revised version on its website (http://mailjour.com/terms/) and notifying you (e.g. via e-mail, Mailjour Platform, Software and Applications) whenever, from Mailjour’s perspective, such amendments are material.

14.2. Mailjour shall provide at least 15 days advance notice (e.g. Mailjour Platform, Software and Applications) about the amendments that affect the rights of Users operating in the Member State, unless: 16.2.1. Mailjour is subject to a legal or regulatory obligation which requires it to amend the General Terms in a manner which does not allow it to respect the advance notice period; 16.2.2. immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the Mailjour Platform, Software, Applications and Users from fraud, malware, spam or data breaches; 16.2.3. you have elected to waive the advance notice period (e.g. you continue to use Mailjour Platform, Software and Applications after receipt of the notice of amendment); or 14.6.4. in the reasonable opinion of Mailjour, amendments are beneficial for the Users and do not require technical adjustments from them.

14.3. If you do not agree to the amendments of the General Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the Mailjour Platform, Software and Applications and providing termination notice to Mailjour. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of the Mailjour Platform, Software and Applications on or after the effective date of the amendment constitutes your consent to be bound by the General Terms or Agreement, as amended.

15. APPLICABLE LAW AND COURT JURISDICTION

15.1. The General Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of Republic of Estonia. If the respective dispute resulting from General Terms or Agreement could not be settled by negotiations, then the dispute shall be solved in Harju County Court.

16. NOTICES

16.1. You are obliged to immediately notify us of any changes to your contact information.

16.2. Any notice required to be given under the General Terms and Agreement shall be sufficiently given if: 16.2.1. delivered personally, 16.2.2. sent by courier with proof of delivery, 16.2.3. sent by registered mail, 16.2.4. sent by e-mail or 16.2.5. made available via Mailjour’s Platform, Software and Applications.

16.3 Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received: 16.3.1. if delivered personally, at the time of delivery to the party; 16.3.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; 16.3.3. if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; 16.3.4. if made available via the Mailjour Platform, Software and Applications, or 16.3.5. if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.

17. FINAL PROVISIONS

17.1 If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. Date of entry into force of the General Terms: 16.10.2023.