Terms Of Use Sender

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 nature whatsoever between the members of its platform.

By clicking on the “Login” or “Registration” button, you acknowledge that you have read and accept the entire Terms and Conditions of Use.

Herein,

“Platform” has the meaning given to it in Article 1, above.

“Site” means the website accessible at www.shiiped.com.

“Shiiped” refers to the name of the mobile application platform.

“TOU” means these Terms of Use.

“Account” means the account created 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 for 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, 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, if 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 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. Publication of Mission

As a member, you can create and publish mission announcements on the platform with information about the route to be taken (dates, times, pick-up/delivery locations and a photo of the parcel/courier). You are only allowed to publish an assignment if it meets all of the following conditions:

• Your package does not contain any stolen items
• Your package does not contain any firearms
• Your package does not contain any artwork
• Your package does not contain any fireworks.
• Your package does not contain any illegal drugs
• Your package does not contain any illegal substances
• Your package does not contain any prepared food 
• Your package does not contain any live or dead animals
• Your package is not likely to put the courier in danger
• Your package corresponds to the image loaded in the mobile application

If the package was to deviate from one of these conditions, the responsibility would be entirely yours to the total exclusion of that of Shiiped.

Your mission will be published on the platform and therefore visible to members. Shiiped reserves the right, at its sole discretion and without notice, not to publish or withdraw, at any time, any mission that does not comply with the TOU or that it considers detrimental to its image, that of the platform or that of the services.

For the management of the payments between the Users and the collection of the Matching Fees, Shiiped uses the services of the payment service provider Worldline, which manages the different payments and financial flows, thus paying the amounts due to each User and Shiiped in the framework of the operation of the Platform and in accordance with the TOU. Shiiped does not handle and never has possession of the funds paid and/or owed to the Users, except for the Matching Fees which belong to it. In return for the matching services and all the functionalities offered by the Platform, Shiiped will receive the Matching Fee, amounting to 21% of the amount of the Transport.

The banking and payment information of the Users are transmitted directly through Worldline servers and are subject to a security system. Worldine uses the SSL (Secure Soket Layer) protocol to encrypt credit card details. No credit card number is stored on Shiiped servers. 

5.1. Awards

Within the framework of a mission announcement, the price of the mission is determined by an algorithm calculated by Shiiped, considering: the distance (km); the size of the parcel/courier; the handling fee for each category of vehicle and the service charges of the mission announcement.

5.2. Service Fees

Within the framework of a mission announcement, the amount of the contribution to the service charges is determined by an algorithm calculated by Shiiped, considering the distance (km); the size of the parcel/courier; the flat fee for each category of vehicle and the service charges of the mission announcement.

5.3. Shiiped Commissions

Shiiped will charge a service fee of 21% of the total price of the assignment in return for the use of the Platform to inform its customers of the possibility of entering a transport contract 21% of brokerage fees for Shiiped and 79% of transportation fees for the driver.
The methods of calculation of the current service charges available are provided for information purposes only and have no contractual value. Shiiped reserves the right to modify the terms and conditions for the calculation of service charges at any time. Such changes will not affect the service fees accepted by Users prior to the effective date of such changes.

5.4 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.

You agree to use the services and the platform only to be put in contact with individuals wishing to carry out transport missions.

7. Cancellation Policy

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.

Cancellation of an assignment announcement after its validation is impossible subject to the following stipulations:

– In the event of cancellation attributable to the shipper, the courier will collect the full amount due to him. This is particularly the case when the sender cancels an assignment or does not go to the meeting point 15 minutes after the agreed time.

When a cancellation is requested by one of the parties; Sender or Driver, the latter receives a first warning from Shiiped by e-mail.

At 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, based on 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 in putting you in contact with another member shall be executed before the expiry of the withdrawal period as soon as the mission has been validated and you expressly waive your right of withdrawal.

8.1. Commitment of all users of the Platform

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, you agree to:

– Not to transmit to Shiiped (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 sexually oriented 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.

– Not to attempt to bypass the platform’s online job posting system, by trying to communicate your contact details to another member to make a reservation outside the platform and not to pay the service fees.

– Do not contact another member, through the platform, for any other purpose than to define the terms of delivery.

– Not to make a payment outside the Platform.

– To comply with these TOU and the Privacy Policy.

8.3. Commitments of the Senders

8.3.1. During a trip

When you use the Platform as a sender, you agree to:

– To respect the courier and in the same way as his vehicle

– In case of cancellation, inform the courier immediately.

– Wait for the driver at the agreed meeting place at least 15 minutes after the agreed time.

– To communicate to Shiiped or any sender who requests it, your identity card or any document that could prove your identity.

– Do not send any object, merchandise, substance, animal or of such nature as to interfere with the conduct and concentration of the driver or whose nature, possession or transport is contrary to the legal provisions in force.

– Ensure that you can be reached by telephone by the courier at the number registered on your profile, at the meeting point.

Shiiped reserves the right to suspend your account, limit your access to the Services or terminate these TOU, in the event of a breach of these TOU by the third party on whose behalf you have appointed a courier.

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, in particular of your obligations as a member 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:

– Termination, immediately and without notice, of these TOU

– 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 Shiiped an explanation. 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 (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, on a commercial basis and in accordance with the purposes of the Platform and the services.

You may not make any other use or exploitation of the Platform and Services and their content without Shiiped’s prior written consent. You are prohibited from:

– Reproduce, modify, adapt, distribute, publicly represent, broadcast the Platform, the Services, and their content, except as expressly authorized by Shiiped.

– Extract or attempt to extract (by using data mining robots or any other similar data collection tool) a substantial part 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, (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 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, as well as to reproduce such adaptations on any current or future digital medium, as stipulated above, for the purpose of providing the services, in different languages. This right includes the right to carry out, in compliance with your moral rights, modifications to the formatting of your Member Content 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 party to any agreement concluded between you and the other members with a view to delivering a parcel/courier.

Shiiped has no control over the behavior of its members and users of the Platform. Shiiped does not own, operate, supply, or manage the vehicles and/or objects of the advertisements and does not carry out any delivery mission on the platform.

You acknowledge and accept that Shiiped does not control the validity, truthfulness, or legality of the proposed mission ads. 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.

In the context of a delivery mission, members (senders or cdrivers) act under their sole and entire responsibility.

In its capacity as an intermediary, Shiiped shall not be held liable for the non-performance or improper performance of a delivery, or for any damage – in particular physical, bodily or economic injury – that may result therefrom, in particular because of:

– 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