1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you, an individual user ("User", "you"), and Travomate SP Z.O.O ("Travomate", "we", "us", or "our"), with registered office at UL. NOWOGRODZKA 31, 00-511 Warsaw, Poland, NIP: 7011239205, REGON: 540531181, KRS: 0001146347.
By accessing, downloading, installing, or using the Travomate Parcels mobile application (the "App") and its related services, you agree to be bound by these Terms, our Privacy Policy, and our Prohibited Items Policy. If you do not agree to these Terms, please do not use our services.
2. Description of Services
Travomate provides a peer-to-peer (P2P) parcel delivery platform through its App, connecting individuals who wish to send parcels ("Senders") with individuals who are already traveling to a specific destination and have available space to carry parcels ("Travellers"). The App facilitates:
- Posting of parcel delivery requests by Senders.
- Offering of parcel carrying services by Travellers.
- Communication and negotiation between Senders and Travellers.
- Secure in-app payment processing for delivery services.
- Parcel tracking and delivery confirmation.
- User verification, ratings, and review systems.
- Optional insurance for parcels.
Travomate acts solely as an intermediary platform to connect Users and facilitate transactions. Travomate is not a postal operator, courier, or carrier, and does not take possession of parcels. The contract for the transport of the parcel is directly between the Sender and the Traveller.
3. User Accounts and Eligibility
3.1 Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use the App. By using our services, you represent and warrant that you meet these requirements.
3.2 Account Registration
To use the App, you must register for an account and provide accurate, current, and complete information, including your full name, email address, phone number, and payment details. You agree to update this information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.3 User Verification
Travomate may implement verification procedures for Users, including identity checks, background checks, and payment method verification, to enhance trust and security on the platform. You agree to cooperate with such verification requests.
4. Roles and Responsibilities
4.1 Senders
- Accurate Information: Senders must provide accurate and complete details about the parcel, including contents, value, dimensions, weight, pickup and delivery addresses, and recipient information.
- Prohibited Items: Senders are strictly prohibited from sending any items listed in our Prohibited Items Policy. Senders are solely responsible for ensuring their parcels comply with all applicable laws and regulations, including customs regulations for cross-border shipments.
- Packaging: Senders are responsible for securely packaging parcels to prevent damage during transit.
- Payment: Senders agree to pay the agreed-upon delivery fee through the App's secure payment system.
- Communication: Senders must communicate clearly and promptly with Travellers regarding parcel pickup and delivery.
4.2 Travellers
- Honest Offers: Travellers must provide accurate information about their travel route, dates, and available space for parcels.
- Due Diligence: Travellers are encouraged to review parcel details and communicate with Senders to ensure they are comfortable with the contents and terms of delivery.
- Prohibited Items: Travellers must refuse to carry any item they suspect or know to be prohibited or illegal.
- Care of Parcels: Travellers agree to exercise reasonable care in handling and transporting parcels.
- Delivery: Travellers must deliver parcels to the agreed-upon destination and recipient within the agreed timeframe.
- Communication: Travellers must communicate clearly and promptly with Senders regarding parcel status, pickup, and delivery.
4.3 Travomate
- Platform Provision: Travomate provides and maintains the App as an intermediary platform.
- Payment Facilitation: Travomate facilitates secure payment processing between Senders and Travellers.
- Dispute Resolution: Travomate may offer mechanisms for dispute resolution between Users, but is not obligated to resolve disputes or assume liability for their outcomes.
- No Guarantee: Travomate does not guarantee the availability of Travellers or Senders, the successful delivery of parcels, or the quality of services provided by Users.
5. Payments and Fees
- Delivery Fees: Senders and Travellers agree on the delivery fee through the App. Travomate may suggest a recommended fee range.
- Service Fees: Travomate may charge a service fee to Senders and/or Travellers for the use of the platform, which will be clearly displayed before confirmation of a transaction.
- Secure Payments: All payments are processed through third-party payment providers integrated into the App. Travomate holds funds in escrow until successful delivery is confirmed by the Sender.
- Cancellations and Refunds: Cancellation and refund policies will be detailed within the App and may vary based on the stage of the delivery process.
6. Prohibited Items
Users are strictly prohibited from sending or carrying items listed in the Travomate Prohibited Items Policy, as well as any items that are illegal, dangerous, or restricted by law in the origin, transit, or destination countries. Violation of this policy may result in account suspension or termination, legal action, and reporting to relevant authorities.
7. Insurance
Travomate may offer optional parcel insurance through third-party providers. Users are responsible for understanding the terms and conditions of any insurance policy they purchase. Travomate is not an insurer and does not provide insurance coverage directly.
8. User Conduct and Community Guidelines
Users agree to interact with each other respectfully and professionally. Any abusive, fraudulent, illegal, or inappropriate behavior is strictly prohibited and may lead to account suspension or termination.
9. Intellectual Property
All content, features, and functionality of the App, including but not limited to text, graphics, logos, icons, images, software, and the underlying technology, are the exclusive property of Travomate or its licensors and are protected by Polish, EU, and international intellectual property laws. Your use of the App grants you no rights to our intellectual property.
10. Disclaimers and Limitation of Liability
10.1 Disclaimer of Warranties
The App and services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Travomate does not warrant that the App will be uninterrupted, secure, or error-free.
10.2 Limitation of Liability
To the maximum extent permitted by Polish law, Travomate shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App; (ii) any conduct or content of any third party on the App; (iii) any content obtained from the App; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
Travomate's total liability for any claim arising out of or relating to these Terms or the use of the App shall not exceed the amount paid by you to Travomate for the services in question during the six (6) months preceding the claim.
11. Indemnification
You agree to defend, indemnify, and hold harmless Travomate, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Contributions, any use of the App's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
12.2 Jurisdiction
Any disputes arising from these Terms or the use of the App shall be subject to the exclusive jurisdiction of the courts in Warsaw, Poland.
12.3 Alternative Dispute Resolution
Users agree to first attempt to resolve any disputes informally by contacting Travomate customer support. If a dispute cannot be resolved informally, parties may agree to mediation or arbitration.
13. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the App and updating the "Last updated" date. Your continued use of the App after such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the App.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, Prohibited Items Policy, and any other policies referenced herein, constitute the entire agreement between you and Travomate regarding the use of the App and supersede all prior agreements and understandings.
16. Contact Information
For questions about these Terms of Service, please contact us:
Company: Travomate SP Z.O.O
Address: UL. NOWOGRODZKA 31, 00-511 Warsaw, Poland
Email: info@travomate.com.pl
Phone: +48 506 762 423 / +49 175 443 1 672