The present general conditions of use (hereinafter the "General Conditions") set out the main terms and conditions applicable, governing the conditions of access to and use of the DELIV4U Application by Transport Professionals in the context of the Courier and Emergency Delivery Services activity.
To offer and provide Courier and Emergency Delivery Services using the DELIV4U Application you must accept the Agreement.
"E-mail address":
Refers to the e-mail address used as an identifier for the DELIV4U Account of the Transport Professional during
the creation of an Account on the DELIV4U Application and to which he will be sent, in particular, the e-mail
confirming his Registration and any subsequent notification (alert, notice of receipt, etc.).
"DELIV4U application":
Means the application accessible by Transport Professionals and used by Transport Professionals to receive and,
where applicable, accept requests for Courier Services and Emergency Deliveries and to manage Courier Services
and Emergency Deliveries.
"Article(s)":
Refers to any object, mail or parcel delivered to the Courier ordered via the DELIV4U Applicationto be delivered
to the Recipient indicated by the Client.
"Client":
Means any person requesting the delivery of Courier and Emergency Delivery Services usingthe DELIV4U mobile
application.
"Couriers" or "Deliverers" or "Transport
Professionals" or "you":
Refers to the Professional who has an account on the DELIV4U Application and provides Courier and Emergency
Delivery Services.
"Content":
Refers to all content related to the DELIV4U Website and/or Application, including, without limitation, elements
such as images, photos, animations, videos, audio files, fonts, logos, illustrations, compositions, artwork,
interfaces, texts and any other document.
"Contract":
Means the contract concluded between you and DELIV4U relating to the use of the DELIV4U Application. The
Agreement consists of these Terms and Conditions, the Privacy Policy and other additional terms and conditions
or documents, which are expressly referred to herein or agreed to in the future by you and DELIV4U.
"Order":
Refers to a Customer's order via the DELIV4U Application to have any Article.
"Account":
Refers to the DELIV4U Account opened by a Transport Professional, allowing the latter to identify himself (by
entering his e-mail address and password), to benefit from a Personal Space and to subscribe to the various
services of the DELIV4U Application. This account consists of the User ID, the Password and all the personal
data of the Transport Professional.
"DELIV4U" or "we" or "our":
Designates DELIV4U, a simplified joint stock company with a share capital of ... euros, registered in the Trade
and Companies Register of ... under the number ..., whose registered office is located ...- ... PARIS.
"Recipient":
Means any natural or legal person to whom the Courier requested by the Client viathe DELIV4U Application, must
deliver one or more Items.
"Identifier":
Means the e-mail address chosen by the Transport Professional foridentify themselves on the DELIV4U Application
and the Website and access them.
"Identification":
Refers to the procedure allowing the Transport Professional to identify himself/herself in aunique.
"Digital Identity (NI)":
Refers to the information that identifies an Internet user, verified by DELIV4U when it is DELIV4U's Digital
Identity or by third parties when the Digital Identity is issued by a third company. In the latter case, it must
be compatible with the current service.
"Delivery(s)" or "Race(s)":
Means the transport of the Item by the Courier required by the Customer to the Consignee.
"Password":
Refers to the confidential code given by the Transport Professional which, combined with a User ID, allows
him/her to access his/her Account. This is a sequence of characters entered by the Transport Professional,
constituting his personal, exclusive and confidential code. It is composed of a minimum of eight (8) characters,
including at least one letter and one number.
"Integrated Payment":
Means a payment made by a Customer via the DELIV4U Application for the delivery of Courier Services and
Emergency Deliveries. The Integrated Payment is made using a credit card or any other electronic payment method
that would be authorized by DELIV4U.
"DELIV4U Transport Professionals Portal" or "Personal Space":
Means an online portal containing important information and documents relating to your use of the DELIV4U
Application in the context of the provision of Courier Services and Emergency Deliveries, including statements
of amounts paid by DELIV4U on your behalf. You can access the DELIV4U Transport Professionals Portal at the
following address [link], by entering your login and password.
"Awards":
Means the amount of money that a Customer is required to pay to DELIV4U for the provision
of the Courier and Emergency Delivery Services in accordance with DELIV4U's price list.
"DELIV4U services":
Means the services that DELIV4U provides to you, including the provision and maintenance of the DELIV4U
Application and the DELIV4U platform, the Site, the DELIV4U Transport Professionals Portal, customer support,
mediation of payments and communication between you and the Customer and other similar support services, as
described in these Terms and Conditions or in the Contract.
"Emergency Courier and Delivery Service(s)":
Means the services provided by you to the Customer after accepting the Customer's Order via the DELIV4U
Application.
"Electronic signature":
Refers to a reliable identification process that guarantees the authenticity of an electronic document and the
identity of the signatories (article of the1367 Civil Code).
"Site":
Refers to the website published and operated by DELIV4U, accessible in particular from the address URL
https://deliv4u.fr/.
2.1.1. Before using the DELIV4U Application, you must create a Personal Account and register with DELIV4U by providing the required registration information and uploading the necessary documentation as requested by DELIV4U.
Your registration and the opening of a personal Account on the DELIV4U Application will only be possible after verification of the requested documents and approval of your registration request by DELIV4U.
2.1.2. As part of the registration process, you will be asked to submit copies of the following documents
2.1.3. If you wish to create a Personal Account on the DELIV4U Application to make Deliveries by moped (50 m3) or light motorbike (125 m3), the following additional documents will be required:
2.1.4. DELIV4U may request additional information or documents if the information or documents you have provided are difficult to read or erroneous, or if, in DELIV4U's opinion, additional checks are necessary.
2.1.5. The conclusion of the Contract between the Transport Professional and DELIV4U is conditional on the communication of all the documents and information requested by DELIV4U and on the truthfulness, validity and conformity of all the documents and information provided by the Transport Professional to DELIV4U.
Any breach of the requirements and conditions may result in the immediate termination of the Contract by DELIV4U and the loss of the right to use the DELIV4U Application and the Website.
2.2.1. Before using the DELIV4U Application, you must create a Personal Account in the name of the legal entity operating a courier and delivery activity.
To do so, you must register with DELIV4U by providing the information and documents required under the conditions described in the 2.1.present article.
The Contract is concluded between DELIV4U and the legal entity.
In order to allow Transport Professionals providing Courier and Emergency Delivery Services on behalf of the legal entity, to use the DELIV4U Application, the designated person in charge of the legal entity will have to create a Personal Account for Transport Professionals from the DELIV4U account of the legal entity duly registered.
Only the natural person who holds the Personal Account and whose information was provided at the time of registration can physically deliver the Courier and Emergency Delivery Services.
2.2.2. The Price corresponding to the Courier and Emergency Delivery Services provided by a Transport Professional who is a natural person registered on the DELIV4U account of a legal person will be paid to the legal person by DELIV4U.
DELIV4U does not assume any liability whatsoever in respect of the relationship between the legal entity holding a DELIV4U account and the Transport Professionals (natural persons) providing Courier Services and Emergency Deliveries via the DELIV4U Application, and in particular but not exclusively in respect of the sums paid by the legal entity to the Transport Professionals (natural persons)
The legal entity mentioned in the payment details and the natural person physically delivering the Courier and Emergency Delivery Services are jointly and severally liable for the performance of the obligations under the contract.
By clicking on the "Accept" button in these Terms and Conditions, you represent and warrant that :
The DELIV4U Application allows you to receive requests from Customers wishing to benefit from Courier and Emergency Delivery Services, which you can choose to accept or ignore at your convenience.
For further information about the DELIV4U Application, please refer to the Website and the General Terms of Use of the DELIV4U Application available in the "Legal Notice" tab.
3.2.1. DELIV4U hereby grants you, subject to the terms of the Agreement, a non-exclusive, non-assignable, non-transferable and revocable Personal Licence to use the DELIV4U Application, the Website and the Content, solely for the purpose of the DELIV4U Application and the Website for the provision of Courier and Emergency Delivery Services, in accordance with the terms set out herein.
No other rights are granted, except with the prior written consent of DELIV4U.
Therefore, when using the DELIV4U Application, the Website and/or the Content, and to the extent permitted by applicable law, you may not :
3.2.2. The use of DELIV4U Services is conditional upon full payment to DELIV4U of the DELIV4U Service Fee, as described in section 5 of these Terms and Conditions.
3.2.3. The License granted to you hereunder is granted for the legal term of protection of the Application and the Website by intellectual property rights. However, the License shall be revoked immediately, automatically and by operation of law upon termination of the Agreement for any reason whatsoever.
Upon termination of the Agreement, you must immediately cease using the rights granted under this License, it being specified that DELIV4U is authorized to block and delete your account without notice.
3.2.4. The Application, the Website and the Content, as well as all copyrights, trademarks, trade names, drawings, images, databases, logos and visual designs, source codes and/or any other intellectual property rights relating to the Content belong to DELIV4U or, failing that, are the property of third parties who have granted DELIV4U rights (in particular for the purposes of referencing trademarks, products and/or distinctive signs of third parties) to use them for the purposes of the Application and/or the Website.
By using the DELIV4U Application, the Site and/or any other DELIV4U Service, you do not acquire any intellectual property rights on the Applications, the Site or its Content.
Similarly, any pre-existing intellectual property of DELIV4U remains the full and complete property of DELIV4U.
The Application and the Website may contain hypertext links to websites operated by third parties other than DELIV4U.
These hyperlinks are for reference only. We are not responsible for :
To the extent that we have no control over the information that may be communicated and/or services that may be offered on third party websites, you acknowledge and agree that we are not responsible for the availability of such external services and that we do not endorse or approve of, and are not responsible for, the content, accuracy, quality, advertising, products, services or other materials available on or through such services.
You further acknowledge and agree that we shall not be liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or related to the use of or reliance on any content, goods or services available on or through these services.
4.1.1. You hereby undertake to offer Courier Services and Emergency Deliveries via the DELIV4U App in accordance with the terms of the Agreement and to provide Courier Services and Emergency Deliveries in accordance with applicable laws and regulations.
You will assume full responsibility for any breach of national laws and regulations in the provision of the Courier and Emergency Delivery Services.
4.1.2. In particular, in the case of delivery by motor vehicle, you must possess any licence (including a valid driving licence), authorisation, motor insurance, liability insurance, registrations, approvals and any other documents required by the laws and regulations.
It is your responsibility to ensure the validity of the above-mentioned documents.
DELIV4U reserves the right to demand proof and communication for verification of any licence, permit, authorisation, insurance, registration and approval as well as their renewal.
In case of suspension or withdrawal of driving licence, the Transport Professionals carrying out the Deliveries with light motorbikes (125 m3) must immediately inform DELIV4U.
4.2.1. You must comply with the Highway Code at all times. Thus, you must refrain from using the DELIV4U Application while driving.
4.2.2. You shall provide the Courier and Emergency Delivery Services in a professional manner and shall endeavour to carry out the Customer's request in the Customer's best interests.
4.2.3. Subject to the above provisions, you have full freedom to provide the Courier and Emergency Delivery Services.
However, and in order to satisfy the Customer :
4.2.4. In case of inability to continue an accepted Delivery (e.g. road accident, vehicle breakdown, etc.), the Transport Professional undertakes, as far as possible, to immediately inform DELIV4U by calling the telephone number provided to him on his Personal Account of the DELIV4U Application, so that DELIV4U can take the necessary steps to recover the Article and deliver the Customer.
The Transport Professional who has been unable to continue an accepted Delivery must send DELIV4U within ..., any document or certificate justifying the interruption of the Delivery.
4.2.5. You retain the exclusive right to determine the time and duration during which you will perform the Courier Services and Emergency Deliveries using the DELIV4U application.
You may accept, decline or ignore requests from Customers for the provision of Courier and Emergency Delivery Services at your discretion.
4.3.1. You agree to provide and maintain the equipment and means necessary to use the DELIV4U Application for the delivery of the Courier and Emergency Delivery Services at your own expense, including a motorized or non-motorized vehicle, a GPS device, a mobile phone and a mobile phone plan allowing you to connect to the DELIV4U Application and use the DELIV4U Services.
You are also responsible for payment of the costs incurred in providing the Courier and Emergency Delivery Services, including but not limited to fuel costs, mobile package costs, vehicle depreciation costs, insurance, applicable income or corporate taxes or payroll taxes, etc.
The use of the DELIV4U Application may result in the consumption of a significant amount of cellular data on your mobile plan. Therefore, we suggest that you subscribe to a mobile plan that allows you unlimited or very high access to cellular data.
4.4.1. The Price is calculated in consideration of the distance of the specific journey as determined by the GPS system and the duration of the specific journey.
The rate applied is the one fixed on the DELIV4U rate card accessible in the DELIV4U Application (link).
4.4.2. At the end of each delivery of Courier Services and Emergency Deliveries, the Price will appear on a statement issued by DELIV4U and accessible on the Transport Professional's Personal Account.
4.4.3. DELIV4U's payment to the Transport Professional for the Courier Services and Emergency Deliveries carried out will take place at the end of each month.
4.4.4. Any corrections you wish to make to this Prize must be submitted to DELIV4U via the Application.
In the event that no request for revision of the Prices has been submitted by the Transport Professional, DELIV4U has no obligation to recalculate the Price and to reimburse you forany error in the Price.
In the event that the Price is revised by DELIV4U following a revision request submitted by the Transport Professional, the revised Price will appear on the rectified monthly statement issued by DELIV4U.
You hereby undertake to comply with all the tax obligations incumbent on you pursuant to the regulations in force, with regard to the provision of Courier Services and Emergency Deliveries, which may include, but are not limited to:
5.1. In return for using the DELIV4U Application, you agree to pay DELIV4U a DELIV4U Service Fee.
The DELIV4U Service Fee is paid on the basis of the Price of each Courier Service and Emergency Delivery Service that you have performed for a Customer.
The amount of the DELIV4U Service Fee is communicated to you on your Personal Account accessible from the DELIV4U Application.
You hereby acknowledge that the DELIV4U Service Fees may vary. DELIV4U will send you prior notice of any changes.
Changes to the DELIV4U Service Fee will come into effect at least one (1) day after notification to the Transport Professional.
5.2. The DELIV4U Service Fee will be deducted from the price paid by the Customers, for each Courier and Emergency Delivery Service and collected by DELIV4U.
Thus, for each Courier and Emergency Delivery Service performed, DELIV4U will pay you the price paid by the Customer less the DELIV4U Service Fee.
6.1. The Transport Services ordered by the Customers on the DELIV4U application are paid for by Integrated Payment.
You hereby authorise DELIV4U to act as your special agent for the sole purpose of collecting on your behalf the Price and any applicable taxes (including VAT) paid by the Customer via the Integrated Payment.
You acknowledge that any Integrated Payment made by Customers for the provision of Courier Services and Emergency Deliveries is a payment made directly to you.
6.2. You may not reject a Customer's Integrated Payment or influence the Customer not to use the Integrated Payment.
If you refuse to accept an Integrated Payment without a valid reason, DELIV4U reserves the right to charge you a contractual penalty of 10 euros per refusal and/or to block your right to use the DELIV4U Application in case of repeated behaviour.
6.3. At the end of each month, DELIV4U will transfer the amounts received by means of Integrated Payments that have been credited to DELIV4U's bank account during the previous month. The DELIV4U Service Fee will be deducted from the Price. If you request a revision of an Integrated Payment, DELIV4U will only transfer the corresponding amounts after processing your request for revision and, if applicable, proceeding with the revision.
6.4. You can review the monthly statements of payments made to your Personal Account.
DELIV4U will send you a global invoice each month on your Personal Account.
6.5. You expressly acknowledge that the mandate of invoicing and collection of sums by DELIV4U on your behalf, by means of the Integrated Payment, does not in any way exempt you from the legal and regulatory obligations relating in particular to the conclusion and execution of contracts concluded with Customers as well as the obligations to inform Customers.
DELIV4U is not a party to the contract for the provision of Courier Services and Emergency Deliveries concluded between you and the Customer and shall not be liable in any way whatsoever for the information provided to Customers, the formation, performance, validity or termination for any reason whatsoever of the contract concluded between you and the Customer.
6.6. You must notify DELIV4U of any significant circumstance that could affect the performance of DELIV4U's obligations to collect and pay the Price paid via the Integrated Payment.
DELIV4U transfers the amounts corresponding to the Integrated Payments to the bank account you have entered.
DELIV4U cannot be held responsible for errors in monetary transactions in the event that you have provided incorrect bank details.
As part of our services, we can provide you with free assistance in using the DELIV4U Services.
Customer support can be provided by DELIV4U on the Website : [link] or by sending us a request directly to the following e-mail address [link].
8.1. You hereby acknowledge that by providing Courier and Emergency Delivery Services to Customers, you and the Customer are bound by a contract for the provision of services, to which DELIV4U is not a party.
8.2. DELIV4U does not control or direct the provision of the Courier and Emergency Delivery Services.
You alone have the right to decide when and for how long to use the DELIV4U Application and can choose whether or not to accept the Customer Order received via the DELIV4U Application. You acknowledge and agree that you have full discretion to provide services or engage in other commercial activities or as an employee.
8.3. You hereby acknowledge and agree that DELIV4U simply provides the DELIV4U Application and support services and does not provide any Courier and Emergency Delivery services.
By providing the DELIV4U Application, DELIV4U acts as a facilitator of the Courier and Emergency Delivery service between you and the Customer.
DELIV4U may also act as your agent by issuing invoices for the Courier and Emergency Delivery Services provided to Customers on your behalf and by collecting payments made by Customers for the Courier and Emergency Delivery Services on your behalf via Integrated Payment.
8.4. You and DELIV4U hereby expressly agree that the relationship between the parties does not constitute a contract of employment, and does not create any relationship of subordination between you and DELIV4U or any of its Subsidiaries.
The parties also agree that no joint venture or company exists between you and DELIV4U. You may not act as an employee, sales agent, representative or agent of DELIV4U, nor may you bind them in any capacity whatsoever.
8.5. If, due to the effect of mandatory legal rules or other binding text, you are considered an employee of DELIV4U, you hereby agree to indemnify, defend and hold harmless DELIV4U from claims made by any person, entity, regulatory or governmental authority based on this implied employment relationship.
The personal data of Transport Professionals is processed in accordance with the PrivacyPolicy (link) and these General Conditions.
In case of conflict with the Privacy Policy, these Terms and Conditions shall prevail.
DELIV4U, as data controller, collects your personal data such as name, address, telephone number, email address, bank details, information related to the motor vehicle or not used (such as the license plate number) and information related to the use of the Application and the provision of the DELIV4U Services such as logs and location, your driving licence, your identity card and any other necessary information, in order to enable us to determine whether you have the necessary qualifications to carry out this activity and to preserve the contractual relations associated with the DELIV4U Services.
9.2. You have the right to access, rectify and delete your personal data collected by us by sending your request to the following address [link] and, from the date of entry into force of the General Data Protection Regulation (25 May 2018), the right to portability of your data, the right to obtain from DELIV4U the deletion and limitation of personal data, as well as the right to lodge a complaint with the French supervisory authority (the Commission Nationale de l'Informatique et des Libertés), under the conditions provided for by the Regulation.
You also have the right to set out instructions on what to do with your personal data after your death.
If you wish to assert your rights as a data subject, please include any evidence or documents proving your identity, and specify the right you wish to assert.
However, please note that if you request the deletion of your personal data, DELIV4U may be obliged to terminate your right to provide Courier and Emergency Delivery Services, as your identification is mandatory for the provision of these services.
9.3. If your personal data is transferred to service providers outside the European Economic Area in order to provide us with support in the management of our contractual relationship with you, we will take all necessary steps to ensure that your personal data is protected, including signing data transfer agreements based on the European Commission's standard clauses with the recipients or using the Privacy Shield, where the US-based recipient benefits from this certification.
For more information on the safeguards in place to protect your personal data in the event of transfers outside the European Economic Area, you can contact us at the following address [link].
9.4. After you have deleted your Account, DELIV4U will only delete your personal data after the legal limitation period has expired (in particular in order to deal with any contractual issues). Some personal data may be retained for a longer period where required by applicable law.
In order to provide the DELIV4U Services, we collect, subject to your express consent, your geolocation information when you use the DELIV4U Application.
This means that we monitor and track your geolocation and may share information related to your current location via the DELIV4U application with Customers to enable the provision of the DELIV4U Services.
In addition, we will provide Customers with identifying information to facilitate the collection of Items for delivery and for security purposes.
If you do not want your geolocation data and the other data mentioned above to be accessible to Clients, you must close the DELIV4U Application or indicate in the DELIV4U Application that you do not currently offer Courier and Emergency Delivery Services.
9.6. Your right to process the personal data of Clients.
You may not process the personal data of Customers without the permission of DELIV4U.
You may not contact a Customer or collect, record, store, make available, use or cross-use personal data provided by Customers or accessible via the DELIV4U Application for any reason other than to respond to the request for the Emergency Courier and Delivery Service.
9.7. You act as an authorised processor of the Customer data that DELIV4U makes available to you.
Therefore, you agree to :
9.8. In order to process Customer data, you must comply with the procedure, conditions and manner used to process personal data as mentioned in the DELIV4U Privacy Policy (link).
In the event of a breach of any of these privacy provisions, DELIV4U reserves the right to terminate the Agreement without prior notice and to claim payment of costs and damages (including compensation for damage to image) due as a result of the breach of the above obligations.
10.1. DELIV4U does not represent, warrant or guarantee that access to the DELIV4U Application will be uninterrupted and free of errors or bugs.
As the use of DELIV4U for the request of Courier Services and Emergency Deliveries depends on the behaviour of the Clients, DELIV4U does not guarantee that the use of the DELIV4U Application will result in requests for Courier Services and Emergency Deliveries and therefore cannot guarantee any income to the Transport Professionals in the context of the use of the DELIV4U Application.
10.2. To the extent permitted by applicable law, DELIV4U, its representatives, managers and employees assume no liability whatsoever for any indirect loss or damage, loss of turnover or profit, loss of opportunity, loss of business, damage to reputation, loss or alteration of data, loss of expected profits or anticipated savings that may arise from the performance of the Contract or as a result of access to the DELIV4U Application or its use by the Transport Professional.
10.3. DELIV4U does not guarantee that requests for Courier Services and Emergency Deliveries will be made by Customers via the DELIV4U application and shall in no case be considered as acting on behalf of or in the name of the Customer.
DELIV4U shall use reasonable efforts to prevent unwanted users from accessing the DELIV4U application.
However, DELIV4U is not responsible for the actions or inactions of Customers or their representatives in using the DELIV4U Application, nor for any loss or damage that may be caused by the actions or inactions of Customers or their representatives.
10.4. Please note that you assume full responsibility for breaches of the Agreement and/or applicable laws and regulations.
10.5. You assume full responsibility for the conclusion, validity, performance and termination of contracts with Clients in respect of the Courier and Emergency Delivery Services.
DELIV4U cannot assume any liability whatsoever under the Courier Services and Emergency Delivery contracts concluded between the Transport Professional and the Customers.
The Transport Professional guarantees and indemnifies DELIV4U against the consequences of any nature (including damages and prejudices) related to any request, claim or action of any nature whatsoever from a third party (including the Clients) in relation to the conclusion, validity, performance and termination of the Courier Services and Emergency Delivery contracts concluded between the Transport Professional and the Clients.
In the event that a Customer makes a claim against DELIV4U in connection with the provision of Courier Services and Emergency Deliveries (e.g. in case of loss or disappearance of the Item to be delivered), you must reimburse DELIV4U in full for the damage caused within seven (7) days from the receipt of DELIV4U's request to that effect.
10.6. You undertake to comply with all your legal, regulatory and in particular fiscal obligations arising from the performance of your obligations under the Contract or the provision of Courier and Emergency Delivery Services.
You are required to indemnify DELIV4U for all taxes, duties, fees, claims and penalties that DELIV4U would have had to pay as a result of your failure to comply with your tax obligations (including, but not limited to, failure to pay income tax, corporate tax or social security contributions).
10.7. In the event that DELIV4U is entitled to make claims against you, you are obliged to reimburse DELIV4U for the costs incurred in assessing the damage and making claims in connection with the repair of that damage.
11.1. The Contract comes into force as soon as DELIV4U validates the registration request on the Application or the Website and creates a personal Account.
11.2. You may terminate the Contract at any time by notifying DELIV4U by mail to the following address [link].
The termination of the Contract will be effective within seven (7) working days from the receipt by DELIV4U of your notification.
Upon termination of the Agreement, your right to use the DELIV4U Application and the DELIV4U Services will terminate. The Agreement will also be terminated by operation of law in the event of deletion of your DELIV4U account by DELIV4U in accordance with the Agreement.
11.3. DELIV4U may terminate the Agreement at any time and for any reason it deems fit, by giving you at least fifteen (15) days' notice.
11.4. DELIV4U may immediately and automatically terminate the Contract in the event of a breach by you of any of your obligations under the Contract, of the laws and regulations applicable to your activity, of disparagement aimed at DELIV4U or the Customers, or of damage to the image, reputation or activity of DELIV4U, as assessed by DELIV4U.
In the cases mentioned above, DELIV4U may, at its sole discretion, prohibit you from registering a new account and/or take all necessary measures to prevent you from providing Courier Services and Emergency Deliveries using the DELIV4U Application and/or the Site and/or the Content.
11.5. DELIV4U also reserves the right to immediately block your access to the DELIV4U Services and/or the Content and/or other services during the investigation period, if we suspect a breach of the Agreement or fraudulent activity. The blocking of access will be terminated as soon as the investigation has ruled out such suspicions. DELIV4U shall make use of the right described above in good faith.
12.1. DELIV4U reserves the right to modify at any time all or part of the Agreement, including but not limited to the DELIV4U Services and/or the Content, and in particular to remove or modify any functionality and/or element thereof, according to the evolution of technology.
12.2. Any amendment to the Contract shall come into effect:
13.1. The Contract shall be governed by, construed and enforced in accordance with the laws of France, without regard to conflict of laws principles or the United Nations Convention on Contracts for the International Sale of Goods of April 1, 1949. 111980.
13.2. Any dispute relating to the existence, validity, interpretation, performance or termination of these Conditions shall be settled amicably between the parties.
If the dispute arising from these Conditions cannot be settled amicably, this dispute will be brought before the competent French courts.
14.1. You are required to notify DELIV4U immediately of any changes to your details and to ensure that your details are accurate and regularly updated.
14.2. DELIV4U's contact details are available on the DELIV4U Application and your Personal Account.
15.1. If any provision of the Agreement is found to be unenforceable, invalid or illegal, the parties shall replace the affected provision with an enforceable provision that comes as close as possible to the intended purpose and economic effect of the discarded provision.
The failure or delay of either party to enforce any provision of the Contract or to exercise any right shall not be deemed a waiver of such provision or right.
15.2. Any notice to be given under this Agreement shall be deemed sufficient if it is delivered by hand, sent by registered mail with acknowledgementof receipt, sent by email, or made available via the DELIV4U Transport Professional's Personal Account or the DELIV4U Application.
Any notice sent or dispatched in accordance with this paragraph 15.2. shall be deemed to have been received if :
Personal Account or the DELIV4U Application, on the day the recipient confirms receipt of the said email or on the day following the day the said email was sent, provided that the sender has not received an error notification (notifying him that the email has not been delivered to the party) and has resent the email on the day following the initial date of sending, without receiving an error notification.
Date of entry into force: April 18, 2022
