Privacy and terms

Terms of Use

Terms of Use

Version 24 May 2018

The full version of the Bringme App Terms and Conditions of Use can be found below and can be printed by clicking this link.

We would like to bring your attention to the following points:

  • You can send, receive, and exchange packages via Bringme.
  • If you would like to have a courier deliver a package to a Bringme Box, then put ‘Bringme’ in front of your first name. In this case, the courier knows that the Box can receive your package on your behalf.
  • You can only use a Bringme Box if you have been granted permission to do so by the manager, owner, or renter of the Box.
  • You may not use Bringme for perishable goods, chemical or hazardous substances, substances that (could) soil or damage the Box, nor may you use it illegally, to cause harm to others, etc.
  • Bringme is a freemium service. This means you can use the basic functions at no charge but premium functions are to be paid for.
  • You can always delete your Bringme account.
  • Bringme is liable for direct damage whenever a package is damaged by an error on its part. This is capped at €500.00 per claim and at €2,000.00 per year.
  • Bringme is the holder of all intellectual rights on Bringme and the Bringme Box.
  • Belgian law and the courts of Belgium have jurisdiction, unless compelling (consumer) law dictates another court or legal system.

 

These Terms of Use apply to any use of Bringme, including each visit to the Bringme Website.

Please read these Terms of Use carefully and accept them before downloading the Bringme app and/or using Bringme. 

In these Terms of Use we write certain words with a capital letter. In this case they have a specific meaning. You can find this meaning at the end of these Terms of Use under "Definitions".

ARTICLE 1. Bringme CVBA 


These Terms of Use emanate from Bringme (Ertzberg/CVBA) a cooperative limited liability company incorporated under Belgian law, having its registered seat in Belgium, 3000 LEUVEN, Bondgenotenlaan 138 and registered at the Crossroads Bank for Enterprises under the VAT number BE0403.551.672 (RPM/RPR Leuven).

ARTICLE 2. Bringme 


2.1. WHAT SERVICES ARE PART OF BRINGME? 


The services we provide under the name Bringme are non-exhaustively described in the user instructions and an explanation that can be found in the Bringme app and on the Bringme website, including under “How it works?”.

Bringme is subject to continuous development and improvement and can be modified, extended and limited. 

By using Bringme you indicate above all that you want to exchange Parcels easily and safely, in a way that protects your privacy. This means, without disclosing the content of the Parcels you exchange with your colleagues, neighbours and employer. Consequently, Bringme guarantees that it will not disclose these details to third parties, unless if such disclosure is made in strict accordance with these Terms of Use.

In this regard, you can primarily use Bringme to:

  • Receive Parcels (possibly in a cooled compartment) in a Box,
    • g. an (online) order that is delivered, a friend brings something or there is a cooled delivery from a local trader,
  • Have Parcels collected/fetched from a Box,
    • g. a friend comes to collect something, a parcel that you want to send using a Courier chosen yourself or a product ordered (online or otherwise) that you want to return,
  • Send Parcels through the Box from the Box to Addressees in Belgium and the Netherlands or to return them (“Bringme Send”),
    • With one click on the button you use the Bringme App to arrange the collection of your Parcel and delivery to your Addressee or return to the webshop,

Furthermore it is Bringme's objective to:

  • Use other (paying) premium services as explained in the Bringme App or on the Bringme Website
  • Give the opportunity to (local) Webshops and Merchants to provide their services and products to the Users,
  • Give the opportunity to Couriers (including postal companies) to organize their deliveries more efficiently by:
    • ensuring that the Courier is able to deliver or pick up a Parcel at a specific time,
    • enabling them to manage their logistic flow (pickups and deliveries) in a more efficient manner,
  • Give companies and organisations the opportunity to use Bringme as an internal and external service desk for the receipt, delivery and forwarding of Parcels.

 

For these purposes Bringme uses the Bringme App, the Bringme Box and the Bringme Website.

The smart Bringme Box is divided into separate compartments, which are separately accessible and lockable and can accept or deliver Parcels on your behalf with (a digital) acknowledgment of receipt. 

Bringme manages the communication between (if applicable):

  • you,
  • the Shipper or Addressee of a Parcel,
  • the Supplier (including the Courier),
  • the Merchant.

For the delivery of Parcels in and the collection of Parcels from the Box by third parties, Bringme only acts as an intermediary between you, the Merchant, the Supplier, the Shipper and/or Addressee. The transport of the Parcels to be delivered to or collected from a Bringme Box is only subject to the agreements between you, the Supplier, the Shipper, the Courier and/or Addressee. Bringme is not involved with the agreement.

Bringme itself provides no transport services, but does allow you, through use of the Bringme Send service, to use the App to contact Couriers who can collect a Parcel from the Box and deliver to your Addressee. Bringme is then not acting as a representative of these courier companies and is also not responsible for this transport service. When you order a transport service using Bringme Send, this service is only governed by the agreement concluded between you and the Courier. Bringme is not involved with the agreement. For more information concerning the use of the Bringme Send service, see article 4 “Sending by Bringme Send”.

 

2.2. HOW YOU CAN USE BRINGME 


You can use Bringme on your mobile device or computer by using the Bringme App which you access with your account created after Registration with Bringme. 


To use the Bringme App mobile you must have a compatible smartphone or hand-held appliance that complies with the minimum software requirements and internet access. 


The software requirements are:

  • Apple iOS Devices with iOS,
  • Android OS devices with Android.

To use the desktop version of the Bringme App you must have a compatible computer with internet access. 

To be able to have Parcels delivered in a Bringme Box it is required to have access to an Activated Box (see below). 

You can find more information in the "How it works" section on the Bringme Website and in the Bringme App.

 

2.3 LIMITATIONS ON THE USE OF BRINGME

 
You agree:

  1. to only use (and download) your Account and Bringme yourself and for your own personal use and you will not use or access Accounts of other Users;
  2. to carefully choose a safe password for your account, to ensure it is not reasonably ascertainable by others;
  3. to maintain the security and secrecy of your Account username and password at all times and to prevent others from accessing your Account by devices that have access to your Account. You will be fully responsible for all resulting damage if third parties gain access to your Account with your credentials or gain access to a device you use to operate your Account, if you did not respect these obligations;
  4. not to disrupt the correct functioning of Bringme;
  5. not to attempt to harm Bringme (including the Bringme Website, Bringme App and the Box) in any way;
  6. not to copy or distribute the Bringme App or other Bringme Content without the prior written permission of Bringme;
  7. not to use Bringme with incompatible or unapproved devices;
  8. to comply with the applicable laws of your home country and of the country, state and the location where you use Bringme and your location during your usage of Bringme;
  9. not to use Bringme with the intention to harm, cause discomfort or cause inconvenience of any kind to a third party or in any way that can reasonably lead to such consequences;
  10. not to use Bringme to send spam or other duplicated and/or unsolicited messages or Parcels to third parties in violation of applicable laws;
  11. not to use Bringme to send or store any incriminating, obscene, threatening, defamatory, or otherwise improper or illegal material, including material harmful to children and material that violates the rights of privacy of third parties;
  12. not to send or store material using the Bringme App or Website that contains application viruses, worms, computer Trojans, source codes, files, scripts, tools or malicious programs;
  13. not to attempt to gain unauthorized access to Bringme or to systems or networks connected with Bringme;
  14. not to interfere or disturb the functioning and the integrity of Bringme or the data it contains.

ARTICLE 3. SENDING AND RECEIVING THROUGH THE BOX 


3.1. USE OF A BOX 

 

A Box always belongs to a Box Owner.


A Box is either publicly accessible (“Public Box”), or only accessible for those with explicit permission from the Box Owner (“Private Box”).

If it is a Private Box the Box Owner is exclusively free to decide at his own discretion to allow you to use it (or not). 


If a Box Owner grants you the right to use his Private Box, he will give his consent through the Bringme App or by an email that will contain a specific activation link. 

This invitation allows you to activate this Bringme Box in your Account, after which it will become an "Activated Box". 

 

A Public Box is accessible for everyone who may and can use the Bringme App without explicit permission from the Box Owner being required. Before being able to use the Public Box, this must also be activated via your Account.

You are aware as a user and you expressly agree that:

  • a Box can only be used through Bringme;
  • you can only use a Box after it has been activated;
  • you can only use a Private Box when you have been given explicit permission for this by the Box owner;
  • no Box Owner is required to grant you permission to use a Private Box;
  • the Registration and use of Bringme do not entitle you to use a (certain) Private Box;
  • the Box Owner may deny/withdraw your permission to use a (formerly) Activated Box, in accordance with the agreement between you and the Box Owner (in execution whereof the Box Owner entitles you to use his Bringme Box), to which Bringme is not a party.

 

3.2. RULES FOR THE USE OF THE BOX 


You will always use a Box strictly in compliance with these Terms of Use. Additionally, when using the Box you must always comply with and respect the rules imposed by the Box Owner for the use of his Box. 


Furthermore, you must always respect the conditions set out elsewhere in these Terms of Use (including, without limitation, those set forth in Article 2.3) and the following conditions, which prevail over the conditions as imposed by the Box Owner:

  1. You can only use the Box through Bringme.
  2. You will only use the Box to exchange Parcels (send, receive, have collected), not as storage space.
  • It is prohibited to use the Box for Parcels with content that is contrary to the law, that is potentially dangerous and/or that may damage the Box, including, but not limited to:
    1. hazardous substances, chemicals, explosives, flammable or radioactive materials;
    2. perishable goods;
    3. drugs, narcotics and psychotropic substances;
    4. weapons;
    5. livestock;
    6. objects, documents or substances in general of which the importation, exportation, distribution, circulation, use or possession is prohibited by law;
    7. objects that can be (by their form, nature or packaging) dangerous and can endanger, pollute or damage the Box, third party property or third parties;
    8. goods that fall under criminal law;
    9. all substances, including liquids, that present a leakage risk or risk to create odour nuisance.
  1. Notwithstanding the above you can use the Box for perishable and chemical goods insofar as these:
    • fit into normal household use;
    • are resistant to the conditions in which they are kept in the Box, taking into account the transport to and/or from the Box;
    • are properly packaged to avoid the risk of leakage, odour nuisance and any form of pollution.

 

The use of the Box for Parcels containing perishable goods is at your sole risk and without any liability on our part or on the part of the Box Owner. You are solely responsible for all damage to or caused by such Parcels.

 

Bringme guarantees that the cooled Bringme compartments (that can form part of a Box) maintain a temperature as shown in the instructions for use and the App. Under no circumstances can Bringme be held liable for the breakdown of this cooling as a result of a power failure at the Box Owner or other causes attributable to the Box Owner.

 

  1. Parcels must suffice with regard to the dimensions as mentioned in the instructions for use and in the App. Each Box has compartments in sizes S, M, L and XL. Depending on the configuration the Box can also have an XXL compartment.

 

If Parcels exceed the maximum dimensions of the compartment they cannot be delivered to the Box. It is your responsibility to ensure that the Shipper and the Supplier make sure that their Parcels are compliant hereto. 

 

  1. Parcels exchanged through the Box may not weigh more than 20kg.

 

These conditions are minimum requirements. The Box Owner cannot alleviate them, but he can impose additional or more stringent requirements for the use of his Box. 


If a Parcel violates one or more of the above conditions, we always have the right, notwithstanding the right of the Box Owners, to inform the competent authorities, as decided at our discretion, to:

  • refuse the pickup and/or the delivery of the Parcel;
  • suspend the treatment of the Parcel;
  • destroy it (or have it destroyed) if it is harmful or dangerous to people or property;
  • refuse its delivery to the Box;
  • remove it (or have it removed) from the Box.

 

3.3. INSTRUCTION TO DELIVER IN THE BOX AND AUTHORIZATION OF DELIVERY 


The delivery of a Parcel by a third party in the Box on your request is considered to be a delivery to you in person. By this request you also expressly require the Supplier to respect your privacy and thus, to deliver the Parcel in the Bringme Box. The Supplier can only deviate from this in accordance with these Terms Of Use.


You expressly acknowledge that the Shipper, the Supplier and any person who must deliver (or has delivered) a Parcel to you, has fulfilled his obligation to deliver by correctly delivering the Parcel to the Box designated by you. 


When a Parcel was delivered in a compartment of the Box, the placement of the Parcel is detected by the Box, the door of the compartment is closed and locks correctly, a (digital) receipt is automatically created. The time of creation of this receipt, is considered the time at which the delivery of the Parcel has taken place. 


The receipt is available to the Supplier (depending on his preferences and his relation to Bringme):

  • via a QR code and a numeric code that appear on the display of the Box at the moment of delivery;
  • via e-mail;
  • via a notification in the Bringme App of the Supplier or any application developed by Bringme that is used by the Supplier and is connected to the Bringme App.

You acknowledge that this (digital) receipt can be invoked by the Supplier and the Shipper as proof of delivery of the Parcel to you. 


This article does not affect your right to invoke the non-compliance of a Parcel delivered in a Box. 

You are aware that in principle you can receive no registered items and also no Parcels sent cash on delivery in the Box.

If a Parcel cannot be delivered to a Private Box (for whatever reason, e.g. because the dimensions do not suffice with regard to the requirements or the Box is full), the Supplier will (unless otherwise agreed between you and the Supplier) in principle act in conformity with its relative policy and e.g. hand over the Parcel at the reception of the Box Owner to the extent this is possible (reception must be present + Box Owner must give permission for this) or (if appropriate) hand it over at another location as mentioned on the interface of the Box itself (as determined by the Box Owner). You give explicit permission for delivery to take place in this way in this situation.

the abovementioned is not possible for whatever reason, or when this is a Public Box, the Supplier may deliver this Parcel to your address (mentioned in your Account) or contact you to make an appointment to proceed with delivery (e.g. in another Activated Public Box in your vicinity).  You then give us the right to disclose your address, email address and telephone number as mentioned in your Account to the Supplier (but we are not obliged to).

 

3.5. PICKUP/REMOVAL OF THE PARCEL 

You agree not to block/occupy a compartment, appointed to you for a Transaction, in a Box for a longer period than is required to allow proper and reasonable use of Bringme by yourself and by your co-Users. 

 

You will remove or arrange a pickup for each Parcel delivered to you or placed by you for pickup in the Box within 3 calendar days after reservation. The Box Owner can impose terms that take priority over this.

 

If the Parcel is not removed in time,

  • we will warn you through the App that the Parcel, in the absence of immediate collection (or a period mentioned in the warning), can be removed from the Box,
  • if the Parcel is not removed after this notification, the Box Owner and Bringme are entitled to (have) the Parcel removed from the Box and take it into custody. You will be notified of such an event via the Bringme App and/or by email and you will be informed of the period in which the Parcel must be picked up.
  • if you do not pick up the Parcel after this notification in good time, after a last warning by the app or email,
    • the Parcel may be returned to the Shipper or sent to your home address as known in our data,
    • or, if the above is not reasonably possible or feasible, it can be permanently removed or destroyed.

 

The storage fees, the shipping cost and (if any) the destruction costs will have to be indemnified by you. If the Parcel is taken into custody by us, you will only be able to receive it against payment of these costs.

ARTICLE 4. Sending by Bringme send

 

4.1. Use of Bringme Send

 

Through Bringme Send we bring you in contact with Couriers via the App who you can use to directly send Parcels from the Box to your Addressees.

 

We do not act as a transporter but only make our App and Box available to you and the Courier to carry out this dispatch.

 

The same conditions are applicable (these Terms of Use) to the use of the Box within the context of Bringme Send (the Courier comes to collect the Parcel from the Box) as applicable to each use of the Box.

 

For the actual sending of a Parcel through Bringme Send an agreement originates between you and the Courier to which Bringme is not a party. The sending of a Parcel through Bringme Send is accordingly only subject to the applicable conditions of the Courier, which you must accept with each order for sending through Bringme Send. Bringme is accordingly not responsible for the good forwarding and processing of your dispatch once the Parcel has been collected from the Box. The responsibility and liability are exclusively with the Courier, in conformity with its applicable general conditions.

 

When you use Bringme Send, you can choose a Courier who will send your Parcel with the mention of the applicable price. If you wish to proceed with sending, you select the Courier, pay the price and you can place the Parcel in the Box, after which the Courier collects the Parcel to deliver it to your Addressee. When ordering a dispatch a compartment in the relative Box is reserved for you for the time mentioned in the App. When this time has passed, the reservation expires and you can only place your Parcel in the Box for sending if there is a compartment available.

As soon as the Parcel is placed in the Box, the Courier is informed so he can collect it as soon as possible according to the periods specified (if any). You are aware that the Courier can only collect the parcel from the Box during the hours that this Box is accessible to the public.

 

Bringme Send is a service being developed and is not yet available everywhere. You can use the App to see if Bringme Send is available at your location.

 

You can find more details about the use of Bringme Send in the Bringme App and on the Bringme Website.

4.2. Your obligations as a customer

 

You mention the exact and complete information of the Addressee in a clear and clearly readable way on the Parcel to send (name, street, house number, any PO box number, post code, town or city). We also recommend mentioning the address of the sender (or return address) on the Parcel in the top left corner or the reverse.

You pack the Parcel to send in a homogenous, suitable and prescribed way, taking into account the conditions of the Courier and those applicable to the use of the Box.

4.3. PAYMENT FOR BRINGME SEND

 

When you order a transport service through Bringme Send, you pay for it through the App to us, before we make this payment to the Courier concerned. Bringme does not act as a transporter, but receives this payment only on behalf of the Courier.

 

4.4. RIGHT OF WITHDRAWAL WITH USE OF BRINGME SEND

 

If you are a consumer, you have the right to withdraw a remote agreement for the delivery of a service within 14 days of contract conclusion.

If you use Bringme Send, you order a dispatch and you want to the Shipment to take place within the period of 14 days, you accept that you can no longer withdraw as soon as the service is carried out and that, if this was already partly carried out, you must pay any reasonable costs made for this.

You explicitly accept that by placing your Parcel in the Box for the purposes of sending, the agreement for sending is carried out and from that time you have no right of withdrawal. At least the costs made by the Courier from that time corresponding to the price of the dispatch must be paid by you. If you cancel a dispatch before the Parcel is placed in the Box, you owe no costs for this.

ARTICLE 5. USE OF THE BOX WITH THE BRINGME KEYCHAIN

 

5.1. PrincipLe and Operation

 

You can use the Keychain to automatically identify yourself at an Activated Box. Holding the Keychain near the screen of a Box means you are automatically registered and you gain access to the Box without further identification.

 

You can obtain the Keychain from us under the conditions mentioned in the Bringme App or on the Bringme Website.

 

To be able to use the Keychain you must activate it through the Bringme App according to the steps mentioned.

 

To be able to activate the Keychain you must have an Account and an Activated Box.

 

5.2. Use - care

 

You are aware that an activated Keychain gives third parties access in your name to your Activated Box without any controls.

 

You must accordingly ensure that it does not fall into the hands of third parties and any use by third parties is your exclusive responsibility.

 

If you lose the Keychain or if it is damaged and as a result unusable, you must de-activate it using the Bringme App according to the steps as mentioned, or, should this not be possible, by contacting us.

 

ARTICLE 6 - PAYMENT


6.1 HOW MUCH DOES THE USE OF BRINGME COST?

 

Bringme is a freemium model with free basic functionality and paying advanced (premium) uses. 


As a User you can use Bringme free of charge to have Parcels picked up or delivered in a Box by third parties.

 

For the use of the premium services (such as Bringme Send) you pay the price as provided in the Bringme App, according to the conditions applicable to these services.

 

6.2 MODIFICATION OF OUR RATES 

 

We have the right to change the rates applicable for the use of (the whole or any part of) Bringme in the future, including subjecting (some or all) parts of Bringme, which are free, to payment. 


Any rate change apply only to the future and will take effect no earlier than the thirtieth calendar day following the notification of such change. 


Furthermore, modification of the applicable rates is subject to the rules applicable to the modification of these Terms of Use as stipulated in Article 7.3.

 

Rates are always in Euros and separately mention the applicable VAT. If nothing is mentioned, the rates for consumers are VAT included and for non-consumers VAT excluded.

 

ARTICLE 7. AGREEMENT 


7.1. HOW IS AN AGREEMENT CONCLUDED BETWEEN BRINGME AND YOU? 


By creating an Account (through Registration) you conclude an Agreement with us. During Registration you are required to provide the requested personal information to us, including your mobile phone number and email address. 


After having successfully completed the Registration, you have a personal Account, which can be accessed with a password of your choice. 


You can only (and are only allowed to) use Bringme if you have an active Account. 


To use Bringme you must (cumulatively):

  • be 18 years or older (if you are an individual),
  • have the required (legal) capacity,
  • have the right under the legislation to which you are subjected to conclude this Agreement and to use Bringme.

 

7.2. NO OBLIGATION TO ACTUALLY USE BRINGME 


There is no obligation for you to actually use Bringme after registration.


If, however, you do not use Bringme for twelve consecutive months, we can delete your Account. We will then obviously inform you of this.

 

7.3. CHANGES TO BRINGME AND TERMS OF USE 


We can modify and replace these Terms of Use and/or modify, suspend or terminate the services delivered through Bringme. 


Any changes will be notified to you in an appropriate manner, for example by clear communication in the Bringme App and/or by sending you an e-mail. 


This change notification may occur at any time and the modifications are immediately effective, except if a delay for the entry into force is provided:

  • for any use of Bringme after that notification and each new Transaction,
  • Transactions that were already started prior to the notification of the modification, are always subject to Terms of Use as they were applicable before the notification, even if those Transactions are not yet finished.

When our Terms of Use change, these will be presented to you in the Bringme App for approval the next time you want to use the Bringme App after the change. If you do not agree to the modified Terms of Use, you cannot use Bringme after the entry into force of the new version. We can limit your access to your Account and the Bringme App and limit the use of (parts of) Bringme, until you have accepted the modified Terms of Use.

 

ARTICLE 8. TERM AND TERMINATION OF THE AGREEMENT


8.1. AGREEMENT FOR AN INDEFINITE PERIOD 


The Agreement between you and Bringme is concluded for an indefinite period.

 

8.2. ENDING BY THE USER 


You may terminate this Agreement by closing your Account at any time in accordance with the instructions found in the Bringme App and/or on the Bringme Website. You do not need to explain this termination in any way.


An Account can only be closed if no Parcels related to your Account are left in any Box, no compartment in the Box has been reserved for a still to be delivered/collected order, and no Parcel is on the way to an Addressee for delivery through Bringme Send.

 

8.3. TERMINATION AND SUSPENSION BY BRINGME 


As regards the Agreement

  • we may terminate this Agreement at any time with a notice period of thirty calendar days without having to explain such termination. Your Account will be closed automatically on the expiration of the notice period.
  • we may always suspend (and consequently deny you the right to use Bringme) when you violate your obligations with regard to a Box Owner or to us,
  • we may terminate this Agreement immediately and without notice if you have committed serious misconduct.

 
Serious misconduct includes (but is not limited to):

  • the breach of your obligations stipulated in Article 2.3 (restrictions on the use of Bringme) Article 3.2.i (only use of the Bringme Box via Bringme) or Article 3.2.iii (prohibited use of the Box);
  • any act of fraud against Bringme or any party involved with Bringme;
  • any abuse of Bringme;
  • any breach of Article 11 (intellectual property);
  • any misconduct that has not been remedied within a reasonable time after you have been asked to do so.

 

 

8.4. CONSEQUENCES OF TERMINATION OR SUSPENSION 


Termination of the Agreement leads to the closing and termination of your Account. 


When an Account is closed, you can no longer and are no longer entitled to:

  • access your Account;
  • use Bringme and the Bringme App;
  • use the Box as User.

 

If your Account is closed when you have Transactions pending with no Parcels in your Box, these Transactions will be cancelled and it will no longer be possible for you to use the Box (you will no longer be able to put a Parcel in the Box, nor will it be possible to deliver a Parcel to you in the Box).


If you still have one or more Parcels (from or to you) in a Box when the Agreement is terminated, (or if a Parcel still to be delivered through Bringme Send cannot be delivered to the Addressee and is returned to the Box), Bringme can, at its own discretion,

  • either allow you to complete the Transaction and consequently postpone the closure of the Account (or a part thereof) for the reasonably required time to process the Transaction. The Terms of Use will remain applicable to this Transaction, but your entitlement to finish this Transaction will not lead to any form of renewal of the Agreement and you cannot derive any other rights out of the postponement of the termination of the Agreement,
  • or: have the Parcel delivered at your cost to your address as registered in your Account,
  • or: take the Parcel into consignment and keep it available to you at a to be communicated location. You will be informed that you can pick up the Parcel within 10 calendar days against reimbursement of reasonable expenses incurred. If you do not pick up the Parcel within this period, you are deemed to have renounced it and the Parcel can be returned by us to the Shipper or to your home, or it can be permanently removed or destroyed. We will charge you for the costs incurred by shipping, storing, removing and/or destroying the Parcel.

 

The consequences of the suspension of the Agreement by us are the same as the consequences of a termination as described above, with the understanding that these consequences then only temporarily apply during the period of the suspension.

 

ARTICLE 9. PRIVACY, DATA AND CONFIDENTIALITY OF THE CONTENTS OF YOUR PARCELS 

9.1. ACCURACY OF YOUR DATA

You guarantee that the User Content is accurate and complete. 

We can at any time monitor and/or verify your User Content. 

You will issue proof of your identity to us when requested by us.

9.2. THE PARCELS 


You confirm that the content of a Parcel that you place (have placed) in a Box must never be considered as confidential, unless the Parcel contains documents and these documents are packaged in a properly sealed medium. 

 

Notwithstanding the information that is collected when you use Bringme (possibly including the object of the order if registered with Bringme), we will not collect nor verify information about the actual (physical) content of the Parcel that is placed in a Box. However, when we are reasonably required thereto for reasons of safety, health, risk reduction or public order, we have the right to open the compartment in which the Parcel is located, to remove the Parcel and, if necessary, to open it. 


In case of an emergency and if a public authority would reasonably ask this or in case of an enforceable order of a public authority, Bringme can open (have opened) and examine (have examined) all or some locked compartments of the Box. In such a situation, Bringme will make a reasonable effort to inform you about this if your Parcel is in a Box in order to give you the opportunity to remove your Parcel yourself, in so far and to the extent that it is practically feasible and legally allowed to inform you. 

 

In any case, Bringme is (in accordance with Article 3.5) entitled to remove a Parcel from the Bringme Box if it’s in there for more than three calendar days and consider the content as non-confidential.

 

9.3. PRIVACY POLICY AND COOKIES


We collect and process your personal data (as a User and as a visitor of the Bringme Website) in accordance with our Privacy and Cookie Policy.

 
You expressly acknowledge having read and accepted the Privacy and Cookie Policy. 


Using Bringme always implies explicit acceptance of the Privacy & Cookie Policy.

  

ARTICLE 10. LIABILITY 


10.1. INDEMNITY 


By accepting these Terms of Use and by the use of Bringme, you agree to hold us harmless and to indemnify us against all claims for damages arising from or in connection with:

  1. your breach or violation of these Terms of Use or of applicable law or any regulation, whether or not it is included herein;
  2. your violation of any rights of a third party; and/or
  3. your use or misuse of Bringme.

10.2. LIABILITY 


Notwithstanding the foregoing, Bringme is only liable for your damages if these are caused by an error committed by Bringme. In any case, Bringme can only be held responsible for your direct damages and can never be held liable for any indirect or consequential damages. The total annual liability of Bringme is in any case limited per case of damage to the maximum amount of EUR 500.00 (five hundred Euros) and per year to EUR 2,000 (two thousand Euros). 

                                                                                                                 

You may only claim compensation if you can demonstrate the fault on the part of Bringme, the damage caused to you and the causality between those two.

To prove the damage of a lost or damaged Parcel, you must provide proof of what was inside the Parcel, what the purchase value of (the content of) the Parcel is (for example by means of a purchase invoice), as well as of the actual value of the content of the Parcel on the date of its delivery to Bringme.

The amount to be compensated can under no circumstances be higher than the demonstrated purchase cost decreased by 15% per year (whereby each started calendar year counts as a complete year) and increased by the shipping costs.

 

Under no circumstances can compensation be obtained because of a delay in receiving a Parcel as a result of the use of Bringme, nor because of damage to or loss of goods that according to these Terms of Use were not exchanged, sent or received through Bringme.

 

The information, recommendations and/or services provided to you on or via Bringme are for information purposes only and cannot be considered as an advice to you. We will maintain Bringme, including the Bringme Website and the Bringme App and their content, reasonably accurately and up to date, but we cannot guarantee that these (including their content) will be free of faults, defects, viruses or malware and that they will at all times be properly updated and accurate. 


You must take the necessary steps to guarantee your own protection and take adequate security measures. You must use a virus scanner before downloading information, software or documentation and your protection against viruses, malware, etc. is exclusively at your own risk. 


You declare to be familiar with the nature, characteristics and limitations of the internet, computer systems and networks, and their technical performances. 


Our commitment to deliver Bringme is an obligation of means and you agree that it is possible that Bringme (including access to the Box) is unavailable, even if we make reasonable efforts to keep Bringme available. You also agree that Bringme, except in case of fraud or serious misconduct, cannot be held responsible for the availability, accessibility, applicability or continued functioning of Bringme, including the Bringme App, the Bringme Website and the Box.

 
Bringme can in no case be held responsible for the quality of products which are purchased and/or delivered in the context of Bringme, or the quality of the services delivered by the Suppliers, nor for the transport services provided to you by the Courier whose services you ordered via Bringme Send. All complaints related hereto must only be addressed to the Shipper and/or to the Supplier in accordance with their obligations to you.

 

10.3. LIABILITY OF THE BOX OWNER

 

When use is made of a Box the liability of the Box Owner is set in your arrangements with or the conditions of the Box Owner himself.

 

If nothing different was agreed, the Box Owner has the same liability limitations with regard to you as those we possess in conformity with article 10.2.

 

10.4. INTERACTIONS WITH THIRD PARTIES 


During your usage of Bringme you may be provided with links to websites that are owned and managed by third parties. These links are provided to allow you to communicate, purchase goods and services or participate in promotions from such third parties. By clicking these links, you will leave Bringme and visit these websites. We do not have any influence on these websites or on the products and services of these parties and we are not responsible in any way for these websites. The use of these third party websites is entirely at your own risk. 


You are aware that these other websites may send their own cookies to users, collect data or solicit data or personal information. Therefore we advise you to verify the terms of use and privacy policies of these websites before using them.

ARTICLE 11. INTELLECTUAL RIGHTS 


11.1. LICENCE APPLICATION 


Subject to your acceptance of and compliance with these Terms of Use we grant you a non-exclusive, non-transferable, limited license to download and install a copy of the Bringme App on one or more autonomous mobile devices that you own or manage and activate and use such a copy exclusively for personal purposes.

 

11.2. YOU DO NOT HAVE THE RIGHT TO 

  1. assign a (sub) license, sell, resell, assign, distribute or commercially exploit or make Bringme (or parts thereof) available to third parties;
  2. modify or create derivative works of Bringme (or parts thereof);
  • create "links" on the internet to Bringme (or parts thereof) or frame or mirror it to other servers or to a wireless or internet-based device;
  1. apply reverse engineering on the Bringme App or any software used by/in Bringme;
  2. introduce/insert in any way a program or automated script in Bringme, including but not limited to, webspiders, webcrawlers, webrobots, WebAnts, webindexers, bots, viruses or worms or programs that can send multiple server requests per second or overload or disturb the operation or process of Bringme and/or the Bringme App.

11.3. INTELLECTUAL PROPERTY RIGHTS 


The content of Bringme and the software environment that is required for the functioning and the operation of Bringme are our exclusive property (or of our affiliates or third parties who deliver their services to us). The design, all text, images, graphics, audio and video files, animation files, logos, emblems, marks, and other content are part thereof and are protected by copyright and/or other laws protecting the rights of intellectual property, which belong solely to us as well as to the aforementioned companies. 


We grant you a non-exclusive, non-transferable, revocable, limited and personal right to use the Bringme App and its contents for personal purposes. 


You may not modify, copy, distribute, sell, rent, use, supplement or otherwise use the content of Bringme without prior written consent of the owner of the intellectual property rights. 


For private, non-commercial use, you can however read, copy, print and save material published by Bringme. It is explicitly forbidden to modify copies, saved parts or impressions of Bringme’s content. 


Press releases, press publications and any other document, photo, graphic content, which are released for publication may be used  if the following copyright notice is mentioned: “© [year] Bringme, all rights reserved”.

 

ARTICLE 12. MISCELLANEOUS 


12.1. INVALIDITY OF ONE OR MORE PROVISIONS

 
The invalidity of any provision of these Terms of Use will not affect the validity of the remaining provisions of these Terms of Use. 


In the event that any provision is declared null or void, the void or invalid provision will be replaced by a valid provision which embodies as closely as possible the purpose and content of the original provision. This provision will be deemed to have existed from the start in its modified valid form and be binding in this form.

 

12.2. NOTIFICATIONS 


All our communications and notifications and the like made to you under these Terms of Use, can, except in case of express derogation thereof, take the form of:

a (general) notification within Bringme or the Bringme App, by SMS or by e-mail to your e-mail address as registered in your Account or

a written notice sent to you by ordinary mail to your address as registered in your Account.

 

12.3. ASSIGNMENT 


You may not assign your rights arising from these Terms of Use without prior written permission of Bringme.

 
We always have the right to assign our rights and/or obligations under these Terms of Use.

 

12.4. WHOLE AGREEMENT AND OWN CONDITIONS


These Terms of Use constitute the Agreement between you and us and constitute the entire agreement and understanding between you and us (Ertzberg CVBA) regarding your use of Bringme and the services it comprises. 


The documents and texts to which these Terms of Use refer (such as the Privacy Policy) are part of them. In case of conflict, the text of these Terms of Use prevails over the other texts mentioned above, unless it is expressly provided that the other texts prevail.

 

These Terms of Use are applicable with the explicit exclusion of any other general, supplementary or special conditions that you as a Customer propose with the use of Bringme. This is irrespective of the way in which these other conditions are communicated to us without us being able to tacitly accept them or have any obligation to dispute their application.

 

12.5. CHANGES 


Except for changes in accordance with Article 7.3, the Agreement is not modifiable. 

                                                             
Derogations to this principle are only valid when they are made in writing and are signed by you and us, in which case we must be represented by our CEO or Board of Directors.

 

12.6. WITHDRAWAL 

 

In principle these Terms of Use are accepted with the downloading of the Bringme App and you can no longer exercise your right of withdrawal applicable to “distance contracts” to which you are entitled as a consumer (art. VI.53, 13° Belgian Code of Economic Law, digital content not supplied on a material carrier is not subject to the right of withdrawal, if execution started in the withdrawal period of 14 days with explicit prior permission of the consumer and providing that the consumer has recognised that he accordingly loses his right of withdrawal).

 

You hereby explicitly acknowledge that you can no longer exercise your legal right of withdrawal after downloading the Bringme App.

 

You can – without any costs – always terminate your agreement with us by closing your Account according to article 8.2 and removing the Bringme App. This can also take place after the period of 14 days that would apply should the withdrawal period be applicable.

 

If you are a consumer and you accept these Terms of Use after having downloaded the Bringme App, you can exercise your right of withdrawal for 14 days. This can be done by deleting your Account or having it deleted as stipulated above.

 

For purchases in the Bringme App it is separately determined in which way the right of withdrawal is (or not) applicable. You acknowledge that the paying services that you use during any applicable withdrawal period must in any event be paid for.

 

12.7. LAW AND DISPUTE RESOLUTION 


These Terms of Use and Bringme are subject to Belgian law, with the exception of the provisions of private international law, including the Vienna Convention, when these provisions would lead to the application of another law.

 
Any dispute concerning the interpretation and enforcement of these Terms of Use or the delivery and/or use of Bringme is subject exclusively to the territorially competent Belgian courts for Leuven, without prejudice to:

  • the right of Bringme to initiate legal proceedings against you at the court that is territorially competent based on your home address,
  • your right to bring proceedings before the competent court in accordance with mandatory consumer protection laws.

 

ARTICLE 13. DEFINITIONS AND INTERPRETATION 


13.1. DEFINITIONS 


When capitalized, the following words will have the following meaning when used in these Terms of Use:

  • “Account” means your account at Bringme, which provides you with access to and allows you to use Bringme.
  • “Activated Box”means a Box for the User who has activated this Box according to these Terms of Use and has use of this Box.
  • “Addressee” means the natural or legal person to whom a Parcel must be sent on your request after it is collected from the Box.
  • “Agreement”means the agreement between you (as User) and Bringme for the supply and the use of Bringme. The Agreement is formed by the Terms of Use and the documents referred to in the Terms of Use.
  • “Box”means the intelligent computer-controlled box that contains the different separately lockable and openable compartments that can safely receive Parcels and issue them on behalf of the Users.
  • “Box Owner”means the person disposing of a Box for use by (all or certain) Users.
  • “Bringme” means the entirety of services and products we offer under this name and includes (the use of) the Bringme App (the use of) the Bringme Website, Bringme Send and (use of) the Box;-.
  • “Bringme App”means the Bringme application with which use can be made of Bringme, that can be installed on a smartphone, tablet or other mobile device (mobile version) or on a computer (desktop version).
  • “Bringme Send” means the service with which you can use the Bringme App to have a Parcel collected from the Box by one of our appointed Couriers and can be delivered by this Courier to the Addressee.
  • “Bringme Website” means the website of Bringme as found on the domain bringme.com.
  • Contentmeans all content that appears or is displayed, including, without limitation, logos, representations, trademarks, text, graphics, images, moving images, sound, illustrations, music, software, opinions, feedback, comments, art, links, questions, suggestions, information or other material.
  • Content of Bringmemeans Content that is the Property of or is used by Bringme, its allied companies or licensers and made available through the website, the Bringme App or in any other way, including Content for which by a third permit is granted permission, but with the exception of User content.
  • “Courier”means each company (natural person or legal entity) who carries out services of goods transport (including document transport).
  • “Keychain” means the intelligent synthetic chip that uses RFID technology to communicate with the Box.
  • “Merchant”means any entity (natural person or legal entity) including merchants, sellers and service providers.
  • “Parcel”means each physical item of goods.
  • “Private Box” means a Box only accessible to Users who have been given specific permission for this by the Box Owner.
  • “Public Box” means a Box that is accessible to and can be used by everyone entitled to use Bringme.
  • “Registration”means registering by the User in Bringme (via the Bringme Website or in the Bringme App) so the Agreement originates and an Account for this User is created.
  • “Sender” means each natural person or legal entity who sends a Parcel to the User that will be delivered to the Box.
  • “Supplier”means each natural or legal person who delivers a Parcel to or collects a Parcel from the Box, including but not limited to the Couriers.
  • “Terms of Use” means these Terms of Use and the future versions of this.
  • “Transaction”means each use of the Box whereby a Parcel must be delivered to the Box or collected from the Box.
  • Usermeans a person who has access to and/or uses Bringme.
  • User Contentmeans Content a User places, uploads, publishes, submits, transfers or in any way makes available to Bringme.  
  • “Webshop” means each Merchant who offers its products or services through an internet page on which one can proceed with a purchase, but only for sale through this internet page.

 

13.2. INTERPRETATION 

Except if otherwise provided, reference made to articles in these Terms of Use must be read as a reference to the articles of these Terms of Use.

 

The word "including" and the words "among others" mean "including but not limited to." 

The periods are counted from midnight to midnight. They are calculated from the date of the act or event that triggered it until the day the deadline expires included. Days are calendar days.

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