Terms of Use

General Terms of Use and Contracting

RELEVANT COMPANY INFORMATION

In compliance with the terms foreseen in article 10 of Law no. 34/2002 of July, 2002 on Information Society Services and Electronic Commerce, the relevant company information will be presented for the owning company of the domain names www.paack.co and www.paack.es (the “Website”) as well as the mobile application for the Android operating system (the “App”). Hereinafter, the App and the Website will be referred to as the “Systems”.

The Systems are owned by the company Paack SPV Investments, SL, a company registered in accordance with Spanish law, with office in Avda. Diagonal 472-476 Esc. A 7º-3ª
08006 Barcelona (Spain) and VAT number (NIF) B66889452 (the Company).

Contact Details:

Paack SPV Investments, SL.

Avda. Diagonal 472-476 Esc. A 7º-3ª
08006 Barcelona

+34 937 606 943
NIF: B66889452

Email: info@paack.co

GENERAL TERMS AND CONDITIONS OF USE OF THE SYSTEMS

By using the Systems owned by the company, you (the “User”) agree to the terms and conditions of use (hereinafter the “Terms of Use”), because of your user status.

These Terms of Use will be applicable irrespective of any other terms of use of the services offered by the Company, which are not related to this website. In particular, if you are a Client of the Company, you will be bound by the clauses outlined in the customer agreement that the Company endorses (hereinafter, the “Customer Agreement”), which will be deemed to prevail these Terms of Use, in case of any conflict.

All of the information, files, programs or data (including, but not limited to, texts, images, photos, videos, drawings, music, brand names or logos, structure and design of the individual pages that make up the entire website, colour schemes, source codes of the programs that generate the layout of the pages, software necessary for its operation, access and use) that may contain the Systems of the Company to which the user may have Access (hereinafter, the “Content”) belong to the Company or to its licensors and are bound by these Terms of Use.

The User accepts liability for his/her use of the Systems. Such liability extends to the registration required for the access to determined services or content. The User promises that all information submitted to the Company during registration is true and accurate.

The User undertakes to use the Content in a suitable manner and, by way of information, without limitation, is obliged to refrain from using it to (i) engage in illegal activities or activities that contravene good faith or public order (including copywrite infringement); (ii) publish content or propaganda of a racial, xenophobic, or pornographic nature, supporting terrorism, or threatening human rights; (iii) put the Systems of the Company, its providers or third parties, in risk of any danger, including uploading or transmitting any virus or any other computer code, file or program designed to harm the systems; the Company will fully co-operate with any law enforcement authority or court order that requests or orders us to locate or reveal the identity of any person that uploads or publishes material that violates the content of this provision.

The owning Company of the Systems reserves the right to restrict access to all Users that do not adhere to these Terms of Use, especially when their actions may harm the dignity of the individual, endanger the public or put public safety at risk.

The domain names www.paack.co and www.paack.es have been registered with the Internet Corporation for Assigned Names and Numbers (ICANN) by the Company. The Content found in the Systems of the Company is exclusive property and is excluded from the Company or its licensors. No person can appropriate such Content.

The User agrees to respect the rights of Intellectual Property and Industrial Ownership of the Company, and therefore, under no circumstances, shall he or she use the Content of such Systems without the Company’s prior permission..

 

  • Definitions

The concepts that are defined in the following section are repeatedly used throughout these Terms of Use of the Systems owned by the Company.

  • App: Mobile application for the Android operating system that allows the Carriers to communicate with PAACK.
  • Charges: Additional costs that may be added to a Delivery that will be the responsibility of Client.
  • Client: Company that facilitates with PAACK, the Delivery of Goods for the Recipients, according to these terms that will be subsequently defined. The Client is fully responsible for paying PAACK for all costs associated with the Service.
  • Supporting Documents: This refers to the delivery notes, package notes, invoices or any other type of documents that must accompany the Goods in each Delivery to ensure the correct collection, loading, transportation and delivery of the item.
  • Delivery: Goods that consists of one or more packages, dispatched by a Client and whose collection departs from a point of origin (normally a store/warehouse of the Issuer) and whose delivery takes place in a agreed destination (normally the address of a User), at the agreed time and date.
  • Recipient: An individual recipient of the Deliveries transported by PAACK and dispatched by the Client. The Recipient should provide a delivery address and confirm his/her contact details in order to facilitate the Delivery.
  • Collection Location: This refers to the address from which the Goods should be collected by PAACK (normally a store/warehouse of the Client) and from which the Delivery will depart.
  • Delivery Location: This refers to the address at which PAACK should deliver the Goods (normally the Recipient’s address) and is the determined location for the Deliveries.
  • Brand: This refers to the distinctive sign for PAACK, comprised of its phonetic, visual and graphical reproduction that has been registered for and is exclusive use of the Company.
  • Goods: Any item transported by PAACK that is distributed by the Client in order to be delivered to a User, as per the following description. Items may only be considered as Goods providing they are legal assets or products on the market, and not containing products that may be dangerous, flammable, corrosive, explosive, harmful, or of any kind of nature that may put public safety at risk.
  • PAACK: This refers to the owning Company of the Systems, which is responsible for the successful completion of the Deliveries.
  • Carriers or Paackers: Companies associated with Paack or professional self-employed workers (normally motorcyclists, but also drivers of other vehicles, like vans or taxis) that transport Goods, and that are duly subcontracted by PAACK.
  • Systems: This refers as much to the Website as to the App owned by the Company, and that the Users have access to.
  • Users: Any person or entity that may access the Systems of the Company, and that is not an employee or director of the Company.
  • Website: Web portal found at the domains paack.co or www.paack.es that is accessible by the Users.

 

  • Access to the Systems

The technical team is employed by Company to provide 24-hour access for the Users to the Systems. The Company accepts no responsibility if, at any moment, for whatever reason, it is not possible to access the Systems. The Company will, of course, do everything possible to resolve any such problems as soon as possible.

Access to Systems may be temporarily suspended, without prior warning to the Users, in the event of a system failure, due to system maintenance, repair or for any other reason out of the Company’s control.

The Company reserves the right to disable access for any User who is found to be using PAACK’s Systems inappropriately.

Geotracking: PAACK will collect, use and share accurate information about locations, including real time geographical localization of the User’s computer or mobile device. This information will be collected and used by PAACK to show the Users the location of the origin of a delivery service (it could be the location of a Client or of the Service). The User accepts that their geolocalisation data will be shared with other Users in order to be able to successfully complete the required assignment at all times. Such data will not be shared with any other third party.

 

  • Permitted Uses

It is permitted to view, print and download information extracted from the Systems for the User’s personal use, providing that:

– no modifications are made, in any way, to the documents, images, or, in general, content of PAACK;

– the Company copyright appears in all copies of the information extracted;

Unless otherwise stated, the rights of the author and other intellectual property rights of the Content of PAACK Systems (including, but not limited to, photographs and images) are property are the Company or are under licensed contracts.

Unless otherwise agreed in writing, the use of information taken from PAACK Systems for any purpose is strictly prohibited. In case of any breach of this agreement, PAACK reserves the right to terminate access for the User, who will be required to immediately destroy any type of downloaded or printed information.

The User agrees not to publish or include in any other Website, or any type of private or public electronic device, any aspect of PAACK, without prior permission in writing from the Company.

 

  • Third party Links

The links found in PAACK to and from third party Systems are offered for the use and convenience of the User. When the User clicks these links, he/she will leave the Systems owned by PAACK. Not all third party links have been checked and the Company does not in any way control, nor is responsible for their content or availability.

The Company does not in any way promote, nor represent any of them, or any material found on them, nor is responsible for any consequences from using them. If the User decides to enter a third party website linked to PAACK, he/she will do so at his/her own risk.

PAACK does not host any content on its Systems that may be considered harmful, offensive or controversial, that may violate the intellectual property rights or any other rights of any person or that may be considered illegal.

 

  • Changes to the Terms of Use

The Company reserves the right to modify, extend, or terminate these Terms of Use at any moment without prior notice. Such changes will take effect from the moment they are published on the Website or the App.

 

  • Limitation of Liability

The Company does not accept responsibility, where the law permits, of any type of direct or indirect loss, or damage suffered by any person as a result of, or in relation to the services provided by PAACK, their use, the inability to access them, or the websites associated with them, or any content published on them, including, liability due to loss of funds or profits, loss of business, loss of benefits or contracts, loss of anticipated savings, loss of information or, in general, any other type of loss or damage of any type that can arise from or be caused by tort (including negligence), contract breach or any other type.

The User is responsible of the proper use of the Systems, and accepts responsibility for any damage or harm that may be caused to third parties, including their employees and directors.

 

  • Jurisdiction and Applicable Law

These Terms of Use are governed by Spanish law. The parties submit, by choice, to resolve any claims, renouncing any other jurisdiction that may correspond to them, to the courts of law in the city of Barcelona.

INDUSTRIAL AND INTELLECTUAL PROPERTY

PAACK is the exclusive owner of all intellectual and industrial property rights relating to the Systems and the content available via them. The intellectual property rights of the System, such as texts, images, graphic design, navigation structure, information and content that is collected on them belongs to PAACK, who has the exclusive operating rights to use this property in any way and, especially, the right to reproduce, distribute, publically communicate and modify, in compliance with Spanish intellectual and industrial property rights legislation.

The authorization for the User to access the Systems does not imply that the said rights are wholly or partially renounced, transmitted, licensed or assigned by the Company. Likewise, it is forbidden to modify, copy, re-use, exploit, reproduce, publically communicate, make secondary or subsequent publications, upload files, send by email, transmit, use, deal or distribute in any way the entirety or parts of the content for personal or commercial purposes, without the expressed written authorization of PAACK.

Any User that decides to share content of any type via the Systems ensures that he/she holds the necessary rights to do so, releasing PAACK from any responsibility regarding the content and legality of the information offered. Any User uploading content to the Systems will give PAACK the right to, free of charge, and enforced to the maximum extent permissible by law, the exploitation of the intellectual or industrial property rights of such content.

The User recognises and accepts that he/she will not gain any right to the “PAACK” brand, in agreement with these Terms of Use. In particular, it is agreed that

– the Clients can only use the PAACK brand when it is firmly established in the Customer Agreement;
– the Carriers can only use the PAACK brand when they have received expressed authorization, in writing, by the Company.

The Company reserves the right to withdraw the right to use the PAACK brand from the Clients and Carriers at any moment, unilaterally, and without any need for just grounds.

The right to use the PAACK brand will not imply association or collaboration of any type with the Users.