Terms & Conditions

General Terms & Conditions

These terms and conditions (“T&Cs”) apply to Your access to and use of the Application (defined herein below). The Application is operated by project Name and its subsidiaries, associates, licensees, and affiliated companies (“Carbbie”).

You acknowledge that Carbbie is providing you with a revocable license to use limited features of the Application and is not selling the Application or any features or technologies contained therein.

By continuing usage of the Application, you are consenting to be bound by these T&Cs. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE THE APPLICATION AND FEATURES CONTAINED THEREIN. If You find any of the T&Cs unacceptable, do not tender your acceptance to use the Application or avail any of its features. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AND LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND IN RESPECT OF THE FEATURES OFFERED/AVAILED USING THE MOBILE APPLICATION.

1. Definition

All the defined terms in these T&Cs will have the meaning assigned to them here below:

  • “Account” refers to the User’s account on the mobile application Carbbie enabling the use of the Application by the User
  • “Application” shall mean the mobile application “Carbbie” and shall mean and include any updates provided by Carbbie from time to time.
  •  “Registration Data/information” shall mean and may include the present, valid, true and accurate name, Email ID, age and such other information as may be required by project Name from time to time, provided by the Users at the time of registration on the mobile application project Name or otherwise.
  • “User” shall mean persons who have created an Account and use the Application.
  • "You", “Your" or “Yourself” shall mean reference to the User accessing the Application.

2. License Grant and Restriction on Use

2. 1 License Grants.

Company grants you a revocable, non- exclusive, non-transferable, limited right to install and use the application on a single mobile device owned and controlled by you, and to access and use the application on such mobile device strictly in accordance with the terms and conditions of this license, the Usage rules and any service agreement associated with your mobile device (collectively “Related Agreements”).

2.2 Restriction on Use.

You shall use the Application strictly in accordance with terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any application law, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of company or its affiliates, partners, users of the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) Use the Application for creating product, service or software that is, directly or indirectly, competitive with or in any way substitute for any services or product or software offered by company. 

3. Intelectual Property Rights

3.1 Right to Application. 

You acknowledge and agree that the Application and all copyright, patent, trademarks, trade secret and other intellectual property rights associated therewith are, and shall remain, the property of the company. Furthermore, you acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structures and organization of the Application are the intellectual property and proprietary and confidential information of company and its affiliates, licensor and suppliers. Except as expressly stated in this license, you are not granted any intellectual property right in or to the Application by implication, estoppel or other legal theory, and all right in and to the Application not expressly granted in this license are hereby reserved and retained by company. 

3.2 Company’s Marks.

You are not authorised to use the company trademark in any advertising, publicity or in any other commercial manner without prior written consent of company, which may be withheld for any or no reason.

3.3 Infringement Acknowledgement.

You and company acknowledge and agree that, in the event of a third party claim that the application or your possession or use of the Application infringes any third Party’s intellectual property rights, You (and not Company) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify company in writing of such a claim.

4. Use of information

4.1 Consent to use information 

You hereby authorise and consent to the collection, storage and use, by company and its affiliate, partners and licensors (“information”). Without limiting the generality of the before going, the information shall include, without limitation, the following shall include, without limitation; the following types of information and data, in an aggregate (not user level) form: search request, search results, pattern data and suggestions based on user actions. Notwithstanding the foregoing, you shall not provide or disclose, and the information shall not include any information or data that is personally identifiably to you. The information will be treated as being non- confidential and non-proprietary and Company assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such information.

4.2. User Accounts.

In order to use most aspect of the service, you must register for and maintain an active personal user services account (“Account). You must be at least 18years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an account unless a specific service permit otherwise. Account registration requires you to submit certain information, such as your name, email and mobile phone number, as well as at least one valid payment method supported by Carbbie. You agree to maintain accurate completion and make all information in your account up to date, your failure to maintain this may result in your inability to use the Application. You are responsible for all activity that occurs under your account, and you always agree to maintain the security and secrecy of your email and password unless otherwise permitted by Carbbie in writing. You may only possess one account.

4.3. User Requirement and Conduct.

The service is not available for use by person under the age of 18. You may not authorise third party to use your account, and you may not allow person under the age of 18 to receive transportation or logistics service from third party provides unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws and restrictions when accessing or using the services, you may only access or use the services for lawful purposes (e.g. no transport of unlawful or hazardous material). You may not in your access use the services to constitute nuisance, annoyance, inconveniences or property damage, whether to the third-party provider or any other party. In some situations you may be asked to provide proof or identity or other method of identity verification which might include mobile number of email verifications.

4.4. Text Messaging and Telephone Calls.

You agree that Carbbie may contact you by telephone, text messaging or mail at any of the phone number of emails provided by you or on your behalf in connection with your Carbbie account. Carbbie may, in carbbie’s sole discretion, require you to re-upload some of your documents, especially the expired document. 

4.5. Network Access.

You are responsible for obtaining the data network access necessary to use the services.Your mobile network’s data and messaging rate and fee may apply if you access or use the services from your device. You are responsible for acquiring and updating compatible hardware of devices necessary to access and use the services and application and any update thereto. 

4.6 privacy policy.

You represent that you shall comply with the terms and conditions of the company privacy policy, which set forth and describe the practices of company with respect to the collection, use and disclosure of information in connection with your use of the policy at any time and from time to time at its sole discretion. Company will post any changes to its privacy policy at the web address set forth in the preamble to this license. You use of the application following the posting of such changes to the privacy policy will constitute your acceptance of any such changes.

5. Payment.

All charges and payment will be enables by Carbbie using the preferred payment method designated in you account, after which you will receive a receipt by email and on the Application. If your primary payment method is determined to be expired, invalid or otherwise may not be charged you agree that carbbie may use a secondary payment method in your account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by carbbie.

As between you and carbbie, carbbie reverse the right to establish, remove/ or revise charges for any or all services obtained through the use of the services at any time in carbbie’s sole discretion. Furthermore, you acknowledge and agree that charges or amount applicable in certain geographical areas may increase substantially during high demand or when the is traffic or dues to other geographical factors. Carbbie will use reasonable effort to inform you of the charges that may apply, provided that you will be responsible for charges incurred under your account regardless of your awareness of such charges or same or similar services or goods obtained through the use of the service, and you agree such promotional offers and discount, unless also made available to you , shall have bear on your use of the services unless also made available for you.

5. Terms and Termination.

5.1. Term.

This license shall be effective until terminated.

5.2 Termination.

Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this license and the right afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this license, then this license or any right afforded to you hereunder shall terminate automatically, without any notice or other action by Company. Upon the termination of this license, you shall cease all use of the Application and uninstall the Application. 

6. Compatibility

Company does not warrant that this application will be compatible or interoperable with your mobile device or any other piece of hardware, software, equipment or used in connection with your mobile device. However, this application can be installed both on Android or IOS and does not whatsoever caused damages on the phone or lead to loss of data and information on your mobile device.

7. Product Claims.

You acknowledge that you (not company) are responsible for addressing any third party claims relating to your use or possession or the Application, and agree to notify company of any third party claims relating to the Application of which you become aware. Furthermore, you hereby release Company from any liability resulting from your use or possession of the application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the application claim fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

8. General.

After downloading of the Application, it is important you agree to these terms as you may have access to the services without it.  Carbbie may not assign these terms to you without your consent. Carbbie right or provision to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by section of the arbitration agreement of these terms.

 

General Terms for Carbbie Delivery

These General Terms for delivery are set out in accordance with and in addition to General Terms for Carriers and Privacy Policy for Sender and define the process of using delivery.

Anything not covered by this delivery, shall be governed by General Terms for Carriers and Terms and Conditions for Senders. In case of any contradictions regarding using Package delivery, the conditions set forth in these General Terms for delivery shall prevail.

By using Carbbie App each Client and Carrier respectively agree to the application and content of these General Terms for Carbbie delivery as well as to the processing of the personal data on the conditions incorporated to these General Terms for Carbbie delivery and Privacy Policy.

1. Definition

   

Client

- means a user of carbbie App that has ordered a delivery of a Package and thereby enters into a Delivery Agreement with the Carrier.

Delivery Agreement

- means the agreement between the Client and the Carrier for the delivery of the Packages.

Drop-Off Location

- means the address specified in Carbbie App, where the Client want the Package to be delivered.

General Terms for carbbie delivery

- means these terms and conditions applicable to the relationship between Carbbie and the User in relation to the use of Carbbie App by the User for Package delivery.

Package

- means the item(s) subject to be delivered, with the exception of the Excluded Packages.

Recipient

- means any person (including the agent or representative of a legal person) whose identity and contact details are shared via Carbbie App to the Carrier by the Client as Recipient of the Package, and located at the Drop-off Location or, where applicable, within a nearby adjacent area, subject to its designation by any means by the Client.

User

- means either the Client or the Carrier as the context requires.

2. Legal Frame Work

2.1. Carbbie App enables the Client to order deliveries of Package(s) to the Recipient at Drop-Off Location by selecting “Delivery” category in Carbbie App. The Client acknowledges that delivery of Packages is not a door-to-door delivery and the Recipient must be informed in advance by the Client about the requirement to pick up the Package from the carrier. The Carrier is not responsible for loading and unloading of the Package.

2.2. For the delivery of Package, the Client enters into a Delivery Agreement directly with the Carrier. The Delivery Agreement is deemed to be concluded from the moment that the order for delivery of a Package is confirmed by the Carrier via Carbbie App. Carriers who do not wish to use Carbbie App for deliveries of Packages can opt out from such deliveries by notifying Carbbie respectively.

2.3. By operating the Carbbie App, Carbbie acts only as a provider of the information society service and is not a party to the Delivery Agreement. Carbbie is not the provider of the delivery services and is not liable in any way for the performance under the Delivery Agreement. Carbbie does not supervise, direct or control the way the delivery of Packages is carried out by the Carrier.

2.4. Carbbie App may not be used for ordering deliveries of Packages containing goods that have not been approved by Carbbie ("Excluded Packages") as eligible for Carbbie App. Excluded Packages include:

2.4.1. illegal or stolen goods.

2.4.2. animals, human beings and other living or dead creatu.res, including their parts, remains, fluids or substances derived from products originating from animals, human beings or other creatures.

2.4.3. bank notes (including foreign currency), credit cards, gift vouchers, jewelries and similar valuables.

2.4.4. firearms and their parts, ammunition, melee weapons, other items specially designed for attack and defense (e.g. knuckles, stilettos);

2.4.5. flammable, combustible, explosive and radioactive or other ionizing substances, munitions, gas, infectious, poisonous or corrosive materials which by their nature may pose danger to the environment.

2.4.6. drugs and other psychotropic substances which are subject to special control in accordance with the legislation.

2.4.7. Ethyl alcohol, high-octane oxygen containing impurities, tobacco.

2.4.8. other items that are not allowed to be delivered, transported by law and items that cannot be transported, delivered without additional licenses, permits, approvals etc., including goods which cannot be delivered due to the capacity of the Client or Recipient (e.g. medicine which requires medical prescription).

2.5. The Client must make sure that the Package is in a suitable condition for delivery (including clean, suitable for a delivery in a vehicle) and that the Package will not be damaged and/or its condition will not change until it is delivered to the Recipient.

2.6. The Carrier may cancel the delivery of a Package if the Carrier upon pick up discovers or has reasons to think that the Package is an Excluded Package or does not comply with Section 2.4. of these General Terms for Package delivery.

2.7. Every User shall indemnify, defend or settle and hold Carbbie harmless against any loss or damage (including legal costs) which Carbbie may sustain or incur, in relation to any third party claim, to the extent such claim is based upon any breach by the User of the provisions of these General Terms.

2.8. The Carrier is solely liable for the performance of the Delivery Agreement and for any claims presented under the Delivery Agreement. Carbbie is not liable for any failure or non-conformity of performing the Delivery Agreement and assumes no liability for any traffic violations or accidents sustained during the performance of the Delivery Agreement.

2.9. If the Client files a claim due to the breach of the Delivery Agreement, the Carrier shall release Carbbie from all liability regarding the claim.

2.10. The Carrier's total liability for material damage or consequential loss, such as loss, theft, material damage, average or destruction of the items of the Package shall be the greater of (i) the original value of the affected items of the Package; or (ii) the amount of their repair or reconstitution.

2.11. Carbbie App is provided to the Users strictly on an "as is" basis. Carbbie will not be liable for any interruptions, connection errors, unavailability of, or faults in the Platform. In no cases shall carbbie aggregate liability for any and all claims arising out of the use of Carbbie App by the same User, including those based on tort, agreement or other grounds, that exceed the amount paid to Carbbie, whichever is lower.

3. Ordering Delivery of Packages Through Carbbie App

3.1. The Client shall order a delivery of Package(s) by the Carrier to the Recipient at Drop-Off Location. The Client and Carrier will enter into the Delivery Agreement upon confirmation of the order by the Carrier. The Client is solely liable for the payment for Package delivery.

3.2. The Client represents and warrants that it has obtained consent or agreement from the Recipient for sharing their telephone number(s) and/or other contact details to the Carrier via Carbbie App and allowing the Carrier to contact them in connection with the performance of the Delivery Agreement. The Client acknowledges and agrees that the Carrier may need to contact the Recipient in order to meet its obligations under the Delivery Agreement.

3.3. The Carrier shall deliver Package(s) to the Drop-Off Location inserted by the Client in Carbbie App.

3.4. The Recipient must be present at the Drop-Off Location at the estimated time of delivery indicated in Carbbie App. The Client shall share the estimated time of delivery with the Recipient. The Client must be available to receive calls from the moment of ordering the delivery of Package(s) via Carbbie App until delivery of Package(s) to the Recipient. In case of failure to hand over the Package due to the Client and/or the Recipient in accordance with Section 3.5. of these General Terms for Package delivery, the Carrier will contact Carbbie customer service in order to return the package or to receive further advice regarding the Package. If the Carrier is instructed to return the Package to the Client, the Carrier shall return the Package to the Client and the Client will be billed for such return. After handing over the possession of the Package to the Recipient, the Carrier marks the delivery as "Completed" on the Carbbie App.

3.5. Carbbie on behalf of the Carrier, may cancel the delivery in the following cases:

3.5.1. the Recipient is not available at the Drop-Off Location within 10 minutes of the arrival of the Carrier thereto.

3.5.2. the Client failed to provide the Recipient’s telephone number or the Recipient's telephone number provided by the Client cannot be reached by the Carrier within 10 minutes.

3.6. Any delivery time or other time estimate communicated to the Client via Carbbie App are only estimated times. There is no guarantee that the Package will be delivered at the estimated time. The Client acknowledges that delivery times may also be affected by objective factors such as traffic jams, rush hours and weather conditions.

3.7. The Sender can send more than one package at a time depending on the selected option on the App.  Carrier is not allowed to add or remove any package and must deliver the Package as prepared by the Client. The Carrier is not allowed to change, modify, add to, remove from or temper with the Package in any way and ensure the Package is not damaged, destroyed, stolen or lost as well as act responsibly in the driving of its means of transport.

4. Cancellation and Suspension of Use

4.1. Carbbie  is entitled to remove the User from Carbbie App with immediate effect and/or refuse or cancel any deliveries of Packages(s), if it causes any abuse or harm to Carbbie App, if Carbbie has reasonable belief of fraudulent acts by the User when using Carbbie App, or if the User otherwise fails to comply with its obligations under these General Terms (e.g. by Recipient not being present at the Drop-Off Location on several occasions).

4.2. The User may not use Carbbie App for any unlawful purpose, including for the purposes of money laundering. If the User violates this Section, Carbbie may permanently suspend the User from using Carbbie App.