PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
The access and the use of the Services, by the User, constitutes their agreement to be bound by these terms and it establishes a contractual relationship between the User and CarryB. If the User does not accept these Terms, they may not access or use the Services. These Terms expressly replace any agreements or understandings with the User. CarryB may immediately report the Terms or any User-related Services, or, in general, renounce to provide or to deny the access to the Services or any part of the same, at any time and for any reason.
It is possible that Additional Terms might be applied to certain Services, such as policies for a particular event, activity or offer, and these Additional Terms will be disclosed to the User regarding the applicable Services. The Additional Terms complement and will be interpreted as constituting part of the Terms for the purposes of the applicable Services. The Additional Terms shall prevail over the Terms in the event of a dispute relating to the applicable Services.
CarryB may occasionally change the Terms related to the Services. The changes take effect, after their publication by CarryB, in the Terms, policies or Additional Terms changed in the space dedicated to the applicable Service. The continued access or use of the Services, after such publication, constitutes acceptance of the User to be bound by these Terms as amended.
2. THE SERVICES
The Services are provided through a technological platform that allows Users of CarryB’s mobile applications or websites, available as part of the Services, to interconnect services of transport and/or logistics provided and/or acquired by independent third parties, including independent transport and logistics service providers, through agreement with CarryB or certain affiliates of CarryB (‘Third Party Providers’). The User ACKNOWLEDGES THAT CarryB NEITHER PROVIDES TRANSPORT OR LOGISTICS SERVICES NOR ACQUIRES THEM OR WORKS AS A TRANSPORT COMPANY, AND THAT ALL TRANSPORT AND LOGISTICS SERVICES ARE PROVIDED AND ACQUIRED BY THIRD PARTIES THAT ARE NOT HIRED BY CarryB OR BY ANY OF ITS AFFILIATES.
Subject to acceptance of these Terms, by the User, CarryB offers them a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and use Applications on their personal login, solely for the purpose of the respective use of the Services; and (ii) access and use any content, information and related materials that may be available through the Services, in any case, solely for the personal and non-commercial use by the User. Any rights not expressly granted in these terms are reserved by CarryB and respective licensors.
The User is not authorized to: (i) remove any copyright or trademark statement or other proprietary notices from any area of the Services; (ii) reproduce, modify, prepare derivative works, destroy, license, rent, sell, resell, transfer, publicly expose or present, transmit, reproduce, broadcast, or otherwise to exploit the Services, except as expressly permitted by CarryB; (iii) decompile, use reverse engineering or disassemble the Services, except to the extent permitted by applicable law; (iv) create links or reproduce any part of the Services through ‘frames’; (v) create or launch any programs or scripts to capture, index, collect, or otherwise, to extract data from any part of the Services or to unduly overload or prevent the operation and/or functionality of any aspect of the Services; or (vi) attempt to get unauthorized access or to damage any aspect of the Services or their respective systems or networks.
THIRD PARTY SERVICES AND CONTENT.
In addition, Apple Inc., Google Inc., Microsoft Corporation or BlackBerry Limited and/or their respective applicable subsidiaries and affiliates shall be the thirdparty beneficiaries of this contract, if the User accesses the Services through developed Applications for, respectively, mobile devices with Apple iOS, Android, Microsoft Windows, or BlackBerry systems. These thirdparty beneficiaries constitute parts of this agreement and shall not, in any way, be responsible for the provision of Services or support. The access to the Services through such equipment, by the User, is subject to terms stipulated in the applicable service terms of the relevant thirdparty beneficiaries.
The Services and all the respective rights are and shall remain property of CarryB or its licensors. Neither these Terms nor the use of the Services, by the User, confer them any rights: (i) over or related to the Services, except for the limited license granted above; or (ii) to use or, somehow to make reference to the social denominations of CarryB, its Affiliates or its respective licensors, its logos, products and services designations, to trademarks, service marks or other distinctive elements of ownership.
3. USE OF CarryB’s SERVICES BY THE USER
To take advantage of most features of the Services, the User must register and maintain an active personal account of User of Services (‘Account’). The User shall be at least 18 years old, or at the corresponding age of legal majority in their respective jurisdiction (if different from 18) in order to secure an Account. The registration of an account requires the User to submit certain personal information, such as their name, address, cell phone number, and age, as well as at least one valid payment method (credit card or designation of an accepted partner for payment purposes). The User agrees to keep the information constantly accurate, complete and updated in their Account. By failing to maintain accurate, complete and updated information in their Account, such as the registration of an invalid or expired payment method, the User incurs the risk of impossibility of access and use of the Services or termination of these Terms by CarryB. The User is responsible for all activity in their Account and accepts to always maintain the security and confidentiality of the User name and its password. Unless otherwise permitted by CarryB, in writing, the User shall only have one Account.
USER REQUIREMENTS AND CONDUCT
The Service is not available to persons under the age of 18 years. The User shall not authorize others to use their Account and that people under the age of 18 years benefit from the transport or logistics services of Third Party Service Providers, unless accompanied by the User. The User may not assign or otherwise transfer their Account to any other person or entity. The User agrees to comply with all applicable laws in using the Services and may only use them for legal purposes (eg., it is not allowed to transport illegal substances or hazardous materials). By using the Services, the User shall not cause annoyance, embarrassment, disorders or damage to property to the Third Party Service Provider or to any other party. In certain situations, and to be able to access or use the Services, the User may be required to present proof of identity, and accepts that it might be denied the access or use of the Services if they refuse to submit proof of identity.
By creating an Account, the User accepts that the Services may send them messages with informative texts (SMS) as part of their normal use of the Services. The User may choose, at any time, not to receive CarryB’s text messages (SMS) simply by sending an email to support@CarryB.com indicating they want to stop receiving messages, along with the mobile equipment number in which they receive those messages. The User acknowledges that the option of not receiving text messages (SMS) can affect their Services use.
CarryB may, at its sole discretion, create promotional codes that can be exchanged for credit in the Account or other features or benefits related to the Services and/or the services of a Third Party Service Provider, subject to additional conditions that CarryB sets to each promotion (‘promotional Codes’). The User accepts that the Promotional Codes: (i) shall be used by the public and for the purpose for which they are intended, and legitimately; (ii) cannot, in any way, be copied, sold, or transferred or made available to the general public (whether by disclosure in a public space or by other means), unless expressly permitted by CarryB; (iii) may be canceled by CarryB at any time and for any reason without notice; (iv) may only be used in specific terms established by CarryB for the same Promotional Codes; (v) may not be exchanged for cash; and (vi) may expire before they are used by the User. CarryB reserves the right to withhold or deduct credits or other features or benefits obtained from the use of Promotional Codes by the User or by others, in the event that CarryB determines or has reason to believe that the use or redemption of Promotional Codes occurred by mistake or fraudulently, illegally or in breach of the applicable terms of the Promotional Code or of these Terms.
CONTENT PROVIDED BY THE USER.
CarryB may occasionally, at its sole discretion, allow the User to submit, upload, post or otherwise to make available to CarryB, through the Services, content and text, audio and/or visual information, including comments and feedback related to the Services, support and registration requests for the purpose of contests and promotions (‘User Content’). All Content provided by the User remains the property of the same. However, by providing User Content to CarryB, the User is providing CarryB with a worldwide, perpetual, irrevocable, transferable, royalty-free license to use, copy, modify, create derivative works from, distribute, publicly present and implement, and otherwise to exploit, in any way, such User Content, in every known formats and distribution or hereafter designed channels (also in relation to the Services and to CarryB’s activity and in Third Party websites and services) without the prior User’s notice or consent, and without the need for any payment to the same or to any other person or entity.
The User represents and warrants that: (i) they are the exclusive owner of all User Content or have all rights, licenses, consents and permissions to grant, to CarryB, the license to the User Content as described above; and (ii) neither the User Content nor its respective submission, transfer, publication or any other form of disclosure of such User Content, nor the Use of Content, by CarryB, in accordance with this document shall result in the infringement, misappropriation or breach of intellectual property or proprietary rights of a third party, or of publicity or privacy rights, or breach of any applicable law or regulation.
The User agrees not to submit User Content of defamatory, libelous, violent, obscene, pornographic, illegal or, otherwise, of offensive character, as determined by CarryB at its sole discretion, whether such material is protected by law or not. CarryB may, but is not obligated to, review, control or remove User Content at its sole discretion and at any time and for any reason without prior notice to the User.
NETWORK OR EQUIPMENT ACCESS.
The User is responsible for obtaining the necessary access to the data network for the use of the Services. It is possible that the fees and charges of data and messages network from the User’s mobile equipment may be applied, if they access or use the Services from a wireless device, and the User is responsible for the payment of such fees and charges. The User is responsible for the acquisition and updating of required equipment or devices to access and use the Services and Applications and any updates of the same. CarryB does not warrant that the Services or any part of the same will work on a particular machine or device. In addition, the Services may be subject to inherent failures and delays in the use of the Internet and electronic communications.
The User understands that they may incur in expenses as a result of the use of services or products received from a Third Party Service Provider (‘Price’). After benefiting from the services or products obtained by using the Service, CarryB will collect the Prices payment on behalf of the Third Party Service Provider, as the exclusive collection agent of the Third Party Service Provider. The payment of incurred Prices in these terms will be considered to be a payment made directly by the User to the Third Party Service Provider. The Prices include the applicable taxes provided by law. The Prices payment, by the User, will be final and non-refundable, unless otherwise specified by CarryB. The User has the right to request from the Third Party Service Provider lower Prices for received services or products from them, at the time they benefit from the same. CarryB will accordingly reply to any request from a Service Provider to amend the Prices related to a specific service or product.
The payment of any Price is an immediate obligation and will be charged by CarryB through the preferred payment method indicated in the User’s Account, after which CarryB will forward the receipt by mail. If the preferred payment method in the Account is about to expire, is invalid or otherwise unable to be used, the User accepts that CarryB may, as exclusive collection agent of the Third Party Service Provider, use an existing alternative payment method in the respective Account, if applicable.
In the relationship between the User and CarryB, CarryB reserves the right to, at any time and at its sole discretion, define, remove and/or review the Prices for each and every service obtained through the Services. In addition, the User acknowledges and agrees that the applicable Prices in certain geographic areas may substantially increase in times of high demand. CarryB will make reasonable efforts to inform the User about the Prices that can be applied, and it is responsible for the incurred Prices through their Account, regardless of their knowledge or not, of the same Prices and respective amounts. CarryB may occasionally provide promotional offers and discounts to certain Users, which may result in differences in the amounts charged for the same or similar services obtained through the Services, and the User accepts that such promotional offers and discounts, unless it is also available to them, have no influence on their Services use or on the Prices that are applied. The User can choose to cancel their request for services or products from a Third Party Service Provider at any time prior to the arrival of the Third Party Service Provider, in which case a cancellation fee may be charged.
This payment structure is intended to fully compensate the Third Party Service Provider for the provided services or products. Except for the taxi transport services requested through the Application, CarryB does not stipulate any portion of the payment made by the User as a tip or bonus, to be assigned to the Third Party Service Provider. Any statement by CarryB (in the CarryB’s website, in the Application or in the CarryB’s marketing materials) in the sense that the tipping is ‘voluntary’, ‘unnecessary’ and/or ‘included’ in payments that the User makes for the services or products is not intended to suggest that CarryB provides the payment of additional amounts, in addition to those described above, to the Third Party Service Provider. The User understands and accepts that, while it is free to proceed to additional payment, such as gratification to any Third Party Service Provider that provides their services or products through the Service, they are not required to do so. The gratuities have a voluntary nature. After benefiting from the services or products obtained through the Service, the User will have the opportunity to rate their experience and to leave a comment about their Service Provider.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE.’ CarryB DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, CarryB DOES NOT REPRESENT OR OFFER WARRANTY OF ANY KIND REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION OR ERRORS. CarryB DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY SERVICE PROVIDERS. The User AGREES THAT THE ENTIRE RISK AND/OR TAXATIONARISING OUT OF THEIR USE OF THE SERVICES, AND ANY REQUESTED SERVICE OR PRODUCT RELATED TO THE SAME REMAINS SOLELY WITH THEM, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY.
CarryB SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO OR OTHERWISE ARISING OUT OF USE OF THE SERVICES, EVEN IF CarryB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CarryB SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR LOSSES ARISING OUT OF: (ii) THE USE OF OR RELIANCE ON THE SERVICES OR THE INABILITY TO ACCESS OR USE THE SERVICES, BY the User; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN the User AND ANY THIRD PARTY SERVICES PROVIDER, EVEN IF CarryB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CarryB SHALL NOT BE LIABLE FOR THE DELAY OR FAILURE TO COMPLY WITH THE SERVICES RESULTING FROM CAUSES BEYOND CarryB’s REASONABLE CONTROL. The User ACKNOWLEDGES THAT THIRD PARTY SERVICE PROVIDERS PROVIDING REQUESTED TRANSPORT SERVICES THROUGH SOME REQUESTED BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION, WHICH MAY NOT BE PROPERLY LICENSED OR AUTHORIZED. IN NO EVENT SHALL CarryB’s TOTAL LIABILITY, BEFORE THE User, FOR ANY DAMAGES, LOSSES OR PROCESSES, EXCEED FIVE HUNDRED EUROS (500 €).
CarryB’s SERVICES MAY BE USED, BY THE User, TO REQUEST AND SCHEDULE TRANSPORTATION, PRODUCTS OR LOGISTICS SERVICES TO THIRD PARTY SERVICE PROVIDERS, BUT THE User ACCEPTS THAT CarryB IS NOT, IN ANY WAY, LIABLE TO THIS, REGARDING ANY TRASPORT, PRODUCT OR LOGISTICS SERVICE PROVIDED TO THEM BY THIRD PARTY SERVICE PROVIDERS OTHER THAN EXPRESSLY STIPULATED IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS SECTION 5 ARE NOT INTENDED TO CONSTITUTE A LIMITATION OF LIABILITY OR CHANGE THE User’s RIGHTS, AS A CONSUMER THAT CAN NOT BE EXCLUDE BY APPLICABLE LAW.
The User agrees to indemnify and hold CarryB and its directors, officers, employees and agents harmless from any and all claims, losses, damages and expenses (including expenses for lawyers) arising out of or related to: (i) their use of the Services or the services and products obtained through their use of the Services; (ii) the relevant breach or violation of any of these conditions; (iii) the use, by CarryB, of their User Content; or (iv) their violation of the rights of any third party, including Third Party Service Providers.
7. OTHER PROVISIONS.
CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement shall be sent to the designated agent of CarryB. Please visit the CarryB’swebsite at http://www.carryb.com/legal to consult the designated address and other details.
The User shall not assign or transfer these Terms, in whole or in part, without the prior written consent of CarryB. The User authorizes CarryB to assign or transfer these Terms, in whole or in part, to: (i) a subsidiary or affiliate; (ii) an acquirer of equity, business or assets from CarryB; or (iii) a successor in case of merger. The contract between the User and CarryB or the use of the Services does not determine the existence of any joint venture, partnership, employment or agency relationship between the User, CarryB and any Third Party Services Provider.
If any provision of these Terms is found to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part of the same shall be to that extent understood as not part of these Terms, and the legality, validity and enforceability of the remaining provisions of these Terms will not be affected. In this case, the parties shall replace the part of the illegal, invalid or unenforceable provision with a (part of a) provision that is legal, valid and enforceable and that has, to the greatest possible extent, a similar effect to the provision or its illegal, invalid or unenforceable part, given the contents and purpose of this Agreement. These Terms constitute the entire understanding and agreement between the parties with respect to their subject and they replace and superimpose all previous and current agreements and commitments on this matter. In this Agreement, the ‘including’ and ‘includes’ terms mean ‘including, but not limited to.’