Terms Of Use Driver
Onyx Technologies Sàrl (hereinafter, “Shiiped”) publishes a courier contact platform accessible on a website at www.shiiped.com or in the form of a mobile application designed to put drivers delivering parcels and mail on their own behalf in contact with each other by accepting assignments from members wishing to have a parcel/courier delivered or picked up at a given address. The platform operates in Switzerland and Liechtenstein and is subject to Swiss law.
The present general terms of use are intended to frame the access and the terms of use of the Platform. We invite you to read them carefully and in full before accepting them. You understand and acknowledge that Shiiped is not a party to any agreement, contract, or contractual relationship of any kind whatsoever between the members of its Platform.
By clicking on the “Login” or “Sign Up” button, you acknowledge that you have read and accept the entire Terms of Use.
Herein,
“Platform” has the meaning given to it in Article 1, above.
“Site” means the website accessible at www.shiiped.com.
“Shiiped” means the name of the mobile platform/application.
“TOU” means these Terms of Use.
“Account” means the account created in order to become a member and of the Platform
“Member” means any individual or legal entity that has created an Account.
“Sender” means the Member publishing the assignment advertisement
“Driver” means the member in charge and responsible for the mission
“Mission” means indiscriminately a delivery mission
“Mission Announcement” means the publication of a mission
“Transportation” means all delivery/withdrawal routes.
“Services” means all the services provided by Shiiped via its Platform.
“Service Fee” means, the amount related to the processing of an assignment advertisement
“Price” means, for a given trip, the price including all taxes applied to a mission.
“Flash” refers to an urgent mission
“Algorithm” means the set of operating rules specific to a calculation.
3.1 Conditions for registration to the Platform
The use of the platform is reserved for individuals aged 18 years or older. Any registration on the Platform by a minor is strictly prohibited. By registering on the Platform, you represent and warrant that you are 18 years of age or older.
3.2 Account Creation
The Platform allows members to publish delivery missions and consult mission announcements as well as to interact with each other to carry out missions.
To create your Account, you must:
Fill in all the mandatory fields on the registration form.
When creating your account, regardless of the method chosen to do so, you undertake to provide accurate and truthful personal information and to update it, through your profile or by notifying Shiiped, in order to ensure its relevance and accuracy throughout your contractual relationship with Shiiped.
In case of registration by email, you agree to keep the password chosen when creating your account secret and not to communicate it to anyone. In case of loss or disclosure of your password, you agree to inform Shiiped immediately. You are solely responsible for the use made of your account by a third party, as long as you have not expressly notified Shiiped of the loss, fraudulent use by a third party or disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, accounts other than the one initially created.
3.3. Verification
Shiiped may, for the purposes of transparency, improving trust, or preventing or detecting fraud, set up a system to verify some of the information you provide on your profile. This is particularly the case when you provide your telephone number or provide us with identification.
You acknowledge and agree that any reference on the Platform or the Services to “verified” information or any similar term, means only that a member has successfully passed the existing verification procedure on the Platform in order to provide you with more information about the Member for whom you intend to deliver. Shiiped does not guarantee the truthfulness, reliability or validity of the information that has undergone the verification procedure.
4.1. Mission Validation
As a member, and subject to these general terms of use, you can validate missions. You are authorized to respond to an assignment only if you meet all the following conditions:
– You have a valid driver’s license
– You are and remain the principal driver of the vehicle
– You are the owner of the vehicle indicated on the platform
– Or you use a vehicle with the express permission of the owner
– You have no contraindications or medical inability to drive
– The vehicle benefits from a valid third-party insurance. (Civil liability)
– You personally have a valid third-party insurance. (Civil liability)
– The vehicle you intend to use corresponds to the package category indicated
– You are using a vehicle in perfect working order and in compliance with the customs and applicable legal provisions, with an up-to-date technical inspection.
You acknowledge that you are solely responsible for the content of the mission that you validate on the platform. Consequently, you undertake to carry out the mission according to the terms and conditions described in the sending member’s announcement.
In the context of a mission announcement, the amount of the contribution to the costs is determined by an algorithm calculated by Shiiped, considering the distance (km); the size of the package; the flat fee for each category of vehicle and the Flash option.
5.2. Shiiped Commissions
Shiiped will levy, in return for the use of the platform, service charges to its users up to 21% of the total amount of the mission to the shipper.
The terms and conditions for the calculation of current service fees accessible here are provided for information purposes only and have no contractual value. Shiiped reserves the right to change the terms and conditions for calculating service charges at any time. Such changes will have no effect on the service fees accepted by Users prior to the effective date of such changes.
For cross-border travel, the method of calculating the amount of service charges and applicable taxes varies, depending on the member’s residence.
When you use the platform for Cross-Border Trips cross-border service charges are applied directly and may be billed by an affiliate of Shiiped.
You acknowledge and agree that Shiiped may, at its sole discretion, round up or down the Service Fee.
5.3. Promotional Codes.
Shiiped may, in its sole discretion, create promotional codes that may be used to obtain Account credit, or other features or benefits related to the Services and/or the services of a Third-Party Provider, subject to any additional provisions established by Shiiped on a case-by-case basis for promotional codes (“Promo Codes”). You agree that the Promo Codes must be used lawfully by the intended audience and for the intended purpose; may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise) except as expressly authorized by Shiiped; may be deactivated by Shiiped at any time for any reason without liability to Shiiped; may only be used in accordance with the specific terms and conditions set forth by Shiiped for each Promo Code; are not valid for receiving cash; and may expire prior to being used. Shiiped reserves the right to decline or reduce any credits or other features or benefits obtained using the Promo Codes by you or any other user if Shiiped determines or believes that the use or redemption of the Promo Code was improper, fraudulent, illegal, or in violation of the terms applicable to the Promo Code or these Terms.
5.4. Methods of payment to the courier
5.4.1. Collection mandate
By using the platform as a courier, you entrust Shiiped with a mandate to collect the amount of the service fee on your behalf and for your account.
Consequently, within the framework of a mission, and after validation of the mission, Shiiped will collect the totality of the sum paid by the shipper.
The service fees received by Shiiped are deposited in an account dedicated to the payment of couriers.
You acknowledge and agree that none of the sums collected by Shiiped in the name and on behalf of the driver shall bear interest. You agree to respond diligently to any request from Shiiped and, more generally, from any competent administrative or judicial authority, in particular with regard to the prevention or fight against money laundering. In particular, you agree to provide, upon request, any useful proof of address and/or identity.
In the absence of a response from you to these requests, Shiiped may take any action it deems appropriate, including freezing the amounts paid and/or suspending your Account and/or terminating these TOU.
5.4.2. Payment of the courier’s contribution to the courier’s expenses
Following the completion of an assignment, the couriers have 24 hours to submit a claim to Shiiped. In the absence of a complaint from them within this period, Shiiped considers the confirmation of the mission to have been completed.
Upon such express or implied confirmation, you, as the driver have a credit due on your Account. This credit corresponds to the total amount paid by the sender after deduction of the service charges by Shiiped.
At the end of the applicable 10-year limitation period, any amount not claimed from Shiiped will be deemed to belong to Shiiped.
As driver, you agree not to ask Shiiped for a contribution to your expenses (vehicle maintenance, fuel…). As driver, you must also bear your costs related to the delivery route, you are solely responsible for it.
7.1. Methods of reimbursement in the event of cancellation
Only missions awaiting acceptance are subject to this cancellation policy. Shiiped does not offer any guarantee whatsoever in the event of cancellation for any reason whatsoever. Notwithstanding the foregoing, in the event of cancellation by a shipper, Shiiped will retain all service charges.
The cancellation of an assignment announcement after its validation is subject to the following conditions:
– In the event of cancellation attributable to the sender, the driver shall collect the full amount due to him. This is particularly the case when the sender cancels an assignment or does not arrive at the meeting point 15 minutes after the agreed time.
– In case of cancellation due to the driver:
– If the driver cancels less than one hour before the departure of the delivery as mentioned in the mission announcement, the sender is reimbursed the full amount. The service charges remain the property of Shiiped and the driver does not receive any amount of any kind.
– If the driver cancels after the scheduled departure time, as mentioned in the mission announcement, or if he does not show up at the meeting place at the latest within 15 minutes from the agreed time, no refund will be made. The sender is compensated up to the totality of the contribution to the costs and the service fees are retained by Shiiped.
When a cancellation is requested by one of the parties; Sender or Driver, the latter receives a first warning from Shiiped by e-mail.
Upon the second cancellation, the member’s account is suspended for 30 days.
On the third cancellation, the member’s account is definitively suspended.
Shiiped assesses at its sole discretion, on the basis of the elements at its disposal, the legitimacy of the claims it receives.
7.2. Right of withdrawal
By accepting these TOU, you expressly agree that the relation between you and Shiiped consisting of the setting up of a relationship with another member shall be executed before the expiry of the withdrawal period upon validation of the mission and expressly waive your right of withdrawal.
8.1. Commitment of all platform users
You acknowledge that you are personally responsible for complying with all regulations and obligations applicable to your use of the Platform.
In addition, by using the platform and during the trips, you agree to:
– Not to transmit to Shiiped (especially when creating or updating your account) or to other members any false, misleading, or fraudulent information.
– Not to make any comments, have any behavior or publish on the platform any content of a defamatory, insulting, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic or sexual nature, inciting violence, discrimination or hatred, encouraging activities or the use of substances that are illegal or, more generally, contrary to the aims of the platform, likely to infringe the rights of Shiiped or a third party or contrary to good morals;
– Not to infringe Shiiped’s rights and image, in particular its intellectual property rights.
– Do not open more than one Account on the Platform and do not open an account in the name of a third party.
– Do not attempt to bypass the platform’s, by trying to communicate your contact information to another member to make the booking outside the platform and not pay the service fee.
– Do not contact another member, through the platform, for any other purpose than to define the terms of delivery.
– Do not accept payment outside the platform.
– Comply with these TOU and the Privacy Policy.
8.2. Driver Commitments
In addition, when you use the platform as a courier, you agree to:
– To respect all laws, rules, codes applicable to the driving and the vehicle, to have a civil liability insurance valid at the time of the delivery trip and to be in possession of a driving license in force.
– Make sure that your insurance covers the items and that your deliveries are covered by your insurance.
– Do not take any risk at the wheel, do not absorb any product likely to impair your attention and your abilities, to drive with vigilance and safety.
– To respect the times and places agreed with other members (the place of appointment and delivery).
– To use a vehicle in perfect working order and in conformity with the uses and applicable legal provisions, with an up-to-date technical control.
– Communicate to Shiiped or any sender who requests it, your driver’s license, your registration card, your insurance certificate, your technical inspection certificate, and any document attesting to your ability to use this vehicle as a courier on the platform.
– In case of impediment or change of the delivery schedule, please inform your sender without delay.
– In the event of cross-border delivery, have and keep at the disposal of any authority which would request it any document likely to prove your identity and your ability to cross the border.
– Wait for the sender at the agreed meeting place at least 15 minutes after the agreed time;
– Do not validate an assignment announcement relating to a vehicle of which you are not the owner or that you are not entitled to use for delivery purposes.
– Make sure that you can be reached by phone by your senders, at the number registered on your profile.
– Guarantee to have no contraindications or medical incapacity to drive.
– To behave in an appropriate and responsible manner during the mission.
You may terminate your contractual relationship with Shiiped at any time, free of charge and without cause. To do so, simply go to the tab on your profile page and delete the account.
In the event of a breach by you of these TOU, of your obligations as members mentioned in articles 6 and 8 above, or if Shiiped has serious reasons to believe that this is necessary to protect its security and integrity, those of its members or third parties, or for fraud prevention or investigation purposes, Shiiped reserves the right to:
– Immediately terminate these TOU without notice.
– Limit your access and use of the platform
– Temporarily or permanently suspend your account.
When necessary, you will be notified of the implementation of such a measure so that you can give explanations to Shiiped. Shiiped will decide, at its sole discretion, whether to lift the measures put in place.
As part of your use of the platform, Shiiped may collect and process some of your personal data. By using the Platform and registering as a member, you acknowledge and agree to the processing of your personal data by Shiiped in accordance with applicable law and the provisions of the Privacy Policy.
11.1. Content published by Shiiped
Subject to the content provided by its members, Shiiped is the sole owner of all intellectual property rights relating to the service, the Platform, its content (in particular texts, images, drawings, logos, videos, sounds, data, graphics) as well as the software and databases ensuring their operation.
Shiiped grants you a non-exclusive, personal and non-transferable user license to use the Platform and the Services for your personal and private use, for commercial purposes and in accordance with the purposes of the Platform and the Services.
You are prohibited from any other use or exploitation of the Platform and Services and their content without Shiiped’s prior written permission. You agree not to:
– Reproduce, modify, adapt, distribute, publicly represent, broadcast the platform, services, and their content, except as expressly authorized by Shiiped.
– Extract or attempt to extract (including by using data mining robots or similar data collection tools) a substantial portion of the data from the platform.
11.2 Content published by you on the Platform
To enable the provision of the Services and in accordance with the purpose of the Platform, you grant Shiiped a non-exclusive license to use the content and data you provide in connection with your use of the Services (hereinafter, your “Member Content”). To enable Shiiped to broadcast by digital network and according to any communication protocol, (in particular Internet and mobile network), as well as to make the Platform’s content available to the public, you authorize Shiiped, for the entire world and for the entire duration of your contractual relationship with Shiiped, to reproduce, represent, adapt and translate your Member Content as follows:
– You authorize Shiiped to reproduce all or part of your Member Content on any digital recording medium, known or unknown to date, and in particular on any server, hard disk, memory card, or any other equivalent medium, in any format and by any process known or unknown to date, to the extent necessary for any storage, backup, transmission or download operation related to the operation of the Platform and the provision of the Service;
– You authorize Shiiped to adapt and translate your Member Content, and to reproduce such adaptations on any current or future digital medium, as set forth above, for the purpose of providing the Services, including in different languages. This right includes in particular the right to carry out, in compliance with your moral rights, modifications to the formatting of your member content in order to comply with the Platform’s graphic charter and/or to make it technically compatible with a view to its publication via the Platform.
The platform provides an online matchmaking platform where Members can create and publish mission announcements for parcel/mail deliveries. These mission announcements may be consulted by the other Members to learn about the terms and conditions and, where applicable, validate the mission announcement directly with the Member having posted the announcement on the platform.
By using the Platform and accepting these TOU, you acknowledge that Shiiped is not a party to any agreement between you and other members to deliver a parcel/courier.
Shiiped has no control over the behavior of its members and platform users. It does not own, operate, supply, manage the vehicles and/or objects of the advertisements and does not carry out any delivery mission on the platform.
You acknowledge and agree that Shiiped does not control the validity, truthfulness or legality of the proposed mission announcements. In its capacity as an intermediary, Shiiped does not provide any transport service and does not act as a carrier, Shiiped’s role being limited to facilitating access to the platform.
Within the framework of a delivery mission, members (senders or drivers) act under their sole and entire responsibility.
In its capacity as an intermediary, Shiiped cannot be held liable for the non-performance or improper performance of a delivery, as well as for any damage – in particular physical, bodily or economic damage – that may result therefrom and from the fact that:
– Erroneous information communicated by the sender in his mission announcement, or by any other means, as to the delivery and its terms and conditions
– Cancellation or modification of an assignment by a member
– The behavior of its members before, during or after delivery
Shiiped will endeavor, as far as possible, to keep the platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the platform may be suspended, without prior notice, due to technical maintenance, migration, updates or due to breakdowns or constraints related to the operation of the networks.
In addition, Shiiped reserves the right to modify or interrupt, at its sole discretion, temporarily or permanently, all or part of access to the Platform or its functionalities.
These TOU express the entire agreement between Shiiped, you and your use of the Services. Any other document, in particular any mention on the platform (FAQ, Blog, etc.), is for information purposes only.
Shiiped may be required to modify these general terms and conditions of use to adapt to its technological and commercial environment and to comply with the regulations in force. Any modification of these TOU will be published on the platform with an indication of the date of the update and will be notified to you by Shiiped before it comes into force.
The present TOU are written in English and are subject to Swiss law.
You can also submit, if necessary, your complaints relating to our platform or our services, on the online dispute resolution platform. In accordance with the rules applicable to mediation, you are required, prior to any request for mediation, to have previously notified Shiiped in writing of any dispute to obtain an amicable solution. In case of litigation related to these conditions, the place of jurisdiction is Bern.
The platform is published by Onyx technologies Sàrl, at Weststrasse 94, 4900 Langenthal a limited liability company registered in the Bern Trade and Companies Register under number CHE-367.158.481
For any question, you can contact Onyx Technologies using this contact form or the email adresse hello@shiiped.com