Welcome to www.citycarrier.com and thank You for your interest in the Web Site (as defined below), and the System (as defined below) (collectively, the “Platform”). The Platform is owned and operated by City Carrier.
The City Carrier does not provide logistics or courier services, and the City Carrier is not a logistics carrier. It is up to the third party courier or logistics provider, courier or vehicle operator (collectively, the “Service Providers”) to offer courier services which may be scheduled through use of the Platform or Service. The City Carrier offers information and a method to obtain such third party courier services, but does not and does not intend to provide courier services or act in any way as a courier, and has no responsibility or liability for any courier.
PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE CITY CARRIER SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN PLEASE DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE CITY CARRIER SERVICES. USERS WHO VIOLATE THESE TERMS MAY HAVE THEIR ACCESS AND USE OF THE CITY CARRIER SERVICES SUSPENDED OR TERMINATED, AT THE CITY CARRIER’S DISCRETION.
Article 1. Definitions
the possibility to enter the System via a personal computer, mobile or other device online as made available by the City Carrier;
the central means for Access and use of the City Carrier Services subject to a Fee designated in the selected Plan;
appointments, tasks, events and actions of different type (such as call, chat, route, track, or a custom type) on a calendar or map that can be associated with a Deal, a Person or an Organization;
means any person or entity that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with a specified Party.
the set of rights and privileges on the Web Site assigned to a User by CityCarrier;
B2B Trade OU a private limited company established under the laws of the Republic of Estonia, having its principal place of business at Harjumaa, Rävala pst 8-810, 10143, Tallinn, Estonia, and registered in Estonian Commercial Register under code 12944864;
the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the City Carrier Services;
means in relation to a person, where another person owns direct or indirect control (1) of the affairs of that person; or (2) over more than 50% of the total voting rights conferred by all the issued shares in the capital of that person which are ordinarily exercisable in general meeting; or (3) of the composition of the board of directors of that person.
any data and information available through CityCarrier Services or contained within the structure of the System, including User’s Data, documents, pictures, images, audiovisual works, messaging, other informational materials and any comments;
a User’s ongoing, tasks, assigned to a Service Provider;
regular payment for using the activated Account;
documents of any kind (images, spreadsheets, text files, etc.) that are inserted into the System by the User, and usually associated with a particular Deal and User;
a one-time temporary Access for the purposes of trying out the Web Site and CityCarrier Services in accordance with any selected Plan without paying a Fee for a period of determined by the CityCarrier;
additional guidelines or rules applicable to specific features, applications, services which may be posted from time to time on the Platform or otherwise made available on or through the CityCarrier Services;
A legal entity using the Platform;
User(s) and CityCarrier, as applicable;
A natural person using the Platform;
a set of criteria for calculating the Fee;
The carrier services offered by the Service Providers through the Platform made available to the Users online at the Web Site;
any particulars, specifications and conditions by which the Parties have agreed to deviate from these Terms;
the integrated cloud computing solution for providing the CityCarrier Services, including applications, software, hardware, data bases, interfaces, associated media, documentation, updates, new releases and other components or materials provided therewith;
a natural person granted with the Authorization to use the Account as a Service Provider or User of the Services through the Platform;
Files and any other digital data and information, which is subjected to the CityCarrier Services or otherwise inserted to the System by the User;
the compilation of all web documents (including images, any programming language – and html files) made available via www.citycarrier.net or its sub domains or domains with identical names under other top domains and owned by the CityCarrier.
|You or YOU|
means the Service Provider or the User, as the context requires.
Article 2. Use of the Services
The Service Provider whom User of the Services is contracting depends on the domicile of the User of the Services. Service Provider determines the domicile of the User of the Services based on the country indicated in the billing address of the User.
Article 3. Conclusion and term of these Term of Use
3.2. These Use of Terms is considered to be concluded as soon as whichever of the following occurs first:
Article 4. Account
4.1. If You have designated a certain number of Users to your Account and granted them Authorization, it is presumed that such Users have the right of representation or other authorization to act on behalf of the User when using the Account. The City Carrier is not obliged to check or verify the right of representation or validity of Authorization of any User, but the City Carrier may ask for additional information or proof of the person’s right of representation and authorization.
4.2. A User may be associated with multiple Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.
4.3. The User associated with the Account must provide the City Carrier with true, accurate, current, and complete information about the User or Account and keep it up to date.
4.4. The City Carrier shall provide the Client with the following credentials in order to log in to its Account: (1) username and (2) password. These login credentials must not be used by multiple persons. If the User has designated several persons to use its Account, each User is provided with separate credentials. The City Carrier is responsible for keeping confidential all login credentials associated with the Account, so that they would not become known or available to any third persons for unauthorized uses.
4.5. The User must promptly notify the City Carrier:
Article 5. Plans
5.1. The use of Account is subject to a Fee. Upon sign-up for the Account, a suitable Plan must be selected in order to set the rate of the Fee. The rate of the Fee is different for each Plan.
5.2. The Fee is charged in advance on monthly or annual payment intervals, unless agreed otherwise between Parties.
5.3. All Fees are non-refundable, i.e. there are no refunds or credits available for periods where the User did not use an activated Account, used it only partially, replaced the current Plan with a new Plan or deactivated the Account.
5.5. Any User has the right to upgrade or downgrade a current Plan at any time by selecting a new Plan among the collection of Plans determined by the City Carrier. In such an event, the User’s credit card on file with the City Carrier will automatically be charged with a Fee for the next payment interval with the rate stipulated in the new Plan.
5.6. Downgrading of the current Plan may cause the loss of features or capacity of the Account.
5.7. Each new User is entitled to a Free Trial, unless the User has applied for the Account as a result of an ongoing marketing campaign organized by the City Carrier and/or in co-operation with its partners. If not otherwise specified by the City Carrier, the default Plan for the Free Trial shall be the Plan with the lowest rate of Fee. The User is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the User is required to select a suitable Plan and pay the first Fee. If the User does not pay the first Fee within two (2) weeks as of the expiry of the Free Trial, the City Carrier have the right to permanently delete the Account, including all User’s Data therein.
5.8. In addition to the current collection of Plans, the City Carrier may may offer special discounts and motivation schemes (for example finder’s fees etc.).
6.2. Before the end of each payment interval, User is issued an electronic invoice for payment of the Fee of the next payment interval. User must pay the invoice by the due date indicated on the invoice.
6.3. Upon delay with any payments, the City Carrier may require the User to pay interest on the delay (penalty for late payment) for the period as of the time the payment obligation falls due until conforming performance is rendered. The interest rate of penalty for late payment due to the City Carrier, shall be the interest rate specified in § 113 of the Law of Obligations Act of Estonia. Upon calculation of the penalty for late payment, one year shall be deemed to contain 365 calendar days.
6.4. B2B Trade OU uses Gate2Payments.dk as a payment service provider, which is approved to encrypt all card information with SSL (Secure Socket Layer) protocol.
7.2. All rights, title and interest in and to the User’s Data belong to the User or third persons (including Persons and Organizations).
7.3. User must assure that:
7.4. User retain all the User ownership rights in the User’s Data, whether posted and/or uploaded by the User or made available on or through the City Carrier Services by the City Carrier. The City Carrier do not guarantee any accuracy or confidentiality with respect to any information contained in any User’s Data, and strongly recommend that User think carefully about what User transmit, submit or post to or through the City Carrier Platform. User understand that all information contained in User Data is the sole responsibility the User or of the person from whom such User Data originated. This means that User, and not the City Carrier, are entirely responsible for all User Data that User upload, post, transmit, or otherwise make available through the City Carrier, as well as for any actions taken by the City Carrier or other Users as a result of such User Data.
7.5. City Carrier does not make any representations that it will publish or make any User Data available on or through the City Carrier, and reserves the right (but has no obligation), in its sole discretion, to refuse to allow any User Data on the Platform, or to edit or remove any User Data at any time with or without notice.
7.6. You understand that when using the Platform, You may be exposed to other User Data from a variety of sources and that neither City Carrier endorses, nor is responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Data. User understand that the City Carrier cannot, and does not, review all User’s Data and do not endorse any User’s Data. User further understand and acknowledge that User may be exposed to other User’s Data that is inaccurate, misleading, offensive, indecent, or objectionable. User agree to waive, and hereby do waive, any legal or equitable rights or remedies User have or may have against the City Carrier with respect thereto. City Carrier is not obliged, in its own initiative, to pre-screen, monitor or filter any User’s Data or acts of its processing by the User in order to discover any unlawful nature therein. However, if such unlawful User Data or the action of its unlawful processing is discovered or brought to the attention of City Carrier or if there is reason to believe that certain User’s Data is unlawful, City Carrier has the right to:
7.7. If City Carrier is presented convincing evidence that the User’s Data is not unlawful, City Carrier may, at its sole discretion, restore such User’s Data, which was removed from the Web Site or Account or access to which was restricted.
7.8. Downgrading of the current Plan may cause the loss of User’s Data.
7.9. We ensure the protection of Personal Data about User’s customer when they are processes by Users of our Service, by contractual agreement between us and Users of our Service.
8.1. By using the Services in the Platform of City Carrier, the User of the Services can:
8.2. The City Carrier in the Platform may specify rules for the use of the City Carrier Services or any part or element thereof, which shall be considered an inseparable part of these Terms.
8.3. The City Carrier shall provide reasonable technical support to Users at the reasonable request of the User. The City Carrier shall respond to enquiries of support from a User utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of Users without an Account may be less expedient, or may not occur at all. The contacts for all enquiries of support are:
11.2. All Content (except User’s Data) is owned or controlled by the City Carrier, its Affiliate or its licensors, and is protected by copyright and other intellectual property laws. Subject to the foregoing, the City Carrier authorizes User to download a single copy of any part of the Content solely for User’s personal, non-commercial use if User retains all copyright and proprietary notices that are contained in such part of the Content. User is expressly acknowledges that User do not acquire any ownership rights by downloading any copyrighted material from or through the Platform. User shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the City Carrier Platform or as otherwise permitted by applicable law.
11.3. User retains all User ownership rights in original aspects of its User’s Data. By submitting User’s Data to the City Carrier through the City Carrier Plafrom, User hereby grant the City Carrier and their Affiliates, sublicenses, partners, designees, and assignees of the City Carrier a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit User’s personal User’s Data and derivatives thereof for any purpose whatsoever in connection with the City Carrier Platfrorm and the City Carriers (and its successors’) business, including, without limitation, for providing User with the Services You have chosen consistent with the intended features of the Services available in the City Carrier’s Platform and for marketing, promoting, and/or redistributing part or all of Services (and derivative works thereof) in any media formats and through any websites, social media networks or media channels now known or hereafter discovered or developed.
11.5. If You provide City Carrier with any comments, bug reports, feedback, or modifications proposed or suggested by You for the City Carrier Platform (herein “Feedback”), the City Carrier shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the City Carrier Platform. You hereby grant the City Carrier a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
The City Carrier Platform may include links to other websites or services (“Linked Sites”) solely as a convenience to Users. The City Carrier do not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, the City Carrier makes no express or implied warranties with regard to the information, material, products, or Services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
13.1. The City Carrier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes from time to time on the Platform or otherwise making them available to Users on or through the City Carrier Services. Please check these Terms and Guidelines periodically for changes. User continued use of the City Carrier Services after such changes have been published on or through the Platform constitutes User’s binding acceptance of such changes. For any material modifications to the Terms or in the event that such modifications materially alter User’s rights or obligations hereunder, such amended Terms will automatically be effective upon the earlier of (i) User’s continued use of the City Carrier Services with actual knowledge of such modifications, or (ii) thirty (30) days from publication of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between User and a City Carrier will be governed by the Terms of Service in effect at the time such dispute arose.
13.2. The original language of these Terms is English. The City Carrier may make available the translations of these Terms in certain other languages at its sole discretion. In case of conflicts between the original English version and the translations into other languages, the English version shall prevail.
13.5. When using the City Carrier Services, User will be subject to Guidelines. All such Guidelines are hereby incorporated by reference into these Terms.
14.1. UNLESS OTHERWISE EXPRESSLY STATED BY THE CITY CARRIER, THE CITY CARRIER PLATFORM AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CITY CARRIER PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CITY CARRIER AND THEIR AFFILLIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
14.2. UNLESS OTHERWISE EXPRESSLY STATED BY THE CITY CARRIER, THE CITY CARRIER AND THEIR AFFILIATES DO NOT WARRANT THAT THE CITY CARRIER PLATFORM AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CITY CARRIER PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CITY CARRIER PLATFROM AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CITY CARRIER PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14.3. UNLESS OTHERWISE EXPRESSLY STATED BY THE CITY CARRIER, THE CITY CARRIER AND THEIR AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE SERVICES AVAILABLE THROUGH THE PLATFORM, OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
You agree to indemnify and hold harmless the City Carrier and their Affiliates from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the City CarrierPlatform, representations made to the Users and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. The City Carrier reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which You are required to indemnifyCity Carrier, and You agree to cooperate with such defense of these claims.
16.1. The City Carrieris constantly innovating and improving the City CarrierPlatform.
16.2. The City Carrier reserves the right to modify the City Carrier Platform or any part or element thereof from time to time without prior notice. For avoidance of doubt, City Carrier may:
16.3. The City Carrier reserves the right to modify certain parts or elements of the City Carrier Platform from time to time by notifying the User beforehand. The notification of the modifications is displayed on the Web Site when logging into the Account. The prior notification period for modifying the Plans and the rates of Fees contained therein, shall be thirty (30) days before the effective date of such modification.
16.5. City Carrier shall not be liable to the User or to any third person for any modification, suspension or discontinuance of the City Carrier Platform, or any part or element thereof.
17.3. Upon termination of the Agreement, the City Carrier must:
If the User does not end or cure the breach within the term set by the City Carrier, the breach is considered to be a material breach.
18.4. Notwithstanding the foregoing, the City Carrier may also apply any other remedies available to it under the applicable law.
18.5. Upon application of any remedies, the User may lose Access or suffer a loss of certain features, functions, parts or elements of the City Carrier Platform.
18.6. If the City Carrier has reasonable grounds to believe that the User’s use of the City Carrier Platform, including the Account may harm any third persons, the City Carrier has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons. However, theCity Carrier does not have any obligation to undertake any measures and have no obligation for not taking such measures or for the results of such measures.
19.1. City Carrier shall not be liable to the User for any consequences resulting from:
19.2. City Carrier shall not be liable to the User for any claim by any other User, Person, Organization or third persons against the User arising out of the User’s failure to:
19.5. THESE LIMITATIONS OF LIABILITY AND DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY THE USER BY REASON OF ANY SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN THE CITY CARRIER AND RECEIVED THROUGH THE PLATFORM OR RECEIVED THROUGH ANY LINKED SITES.
19.6. YOU ACKNOWLEDGE AND AGREE THAT THE CITY CARRIER HAVE OFFERED THE CITY CARRIER PLATFORM, SET THE PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE SERVICE PROVIDERS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE USERS AND THE CITY CARRIER. THE CITY CARRIER WOULD NOT BE ABLE TO PROVIDE THE CITY CARRIER PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
21.2. Severability. If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.