Handover Terms of Service
This document describes the terms of which (handover.me) offers you access to our services. This agreement describes the terms and conditions applicable to your use of our services available under the www.handover.me domain. The User Agreement constitutes a legally binding agreement between you and (handover.me). This agreement is effective on October 1, 2017, for all users. These terms and conditions apply to the services available from the domain and sub-domains of (www.handover.me). If you reside in a country that is a member of the E.U., by using the services on the (handover.me) websites (www.handover.me), and other related websites where this agreement appears) you are agreeing to the following terms and the general principles for the websites of our subsidiaries and international affiliates. If you reside within the European Union you are contracting with (handover.me). Please ensure that you read and understand these terms in, and linked to, this User Agreement before you join because you will be bound by the terms once a contract comes into existence between us. If you do not accept these terms, do not use the website. The agreement that applies to any of our domains and subdomains is always the agreement that appears in the footer of each website.
1. (handover.me) is a Neutral Venue.(handover.me) is not a Transportation Service Provider (TSP), transport company, freight forwarder or broker. Our site acts as a venue where delivery customers and TSPs can meet and enter into agreements. We are not involved in the actual transaction between delivery customers and TSPs. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. (handover.me) does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance and registration. We and our website function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between delivery customers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of delivery customers to send items. We cannot ensure that a delivery customer or TSP will actually complete a delivery.
2. Membership. You agree that you can form legally binding contracts under applicable law. Our services are not available to temporarily or indefinitely suspended (handover.me) members. You acknowledge that you are at least 18 years of age. Minors may only use this service in conjunction with their parents or guardians. Your (handover.me) membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the website and mobile application are for services only and that work that you provide will only involve services. You agree that you will not use your participation in the (handover.me) website as a means to sell or market any types of goods or products unless specifically allowed by (handover.me).
3. Other Terms and Conditions. We have the right to revise and amend these terms from time to time by email, via the Message Centre or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective once they are posted. This User Agreement may not be otherwise amended except in writing hand signed by you and us. For the purposes of this provision, “in writing” does not include an email message and “hand signed” does not include an electronic signature. Once notice is given of any changes to these terms and conditions you can choose to cancel your registration without penalty before the new terms affect you.
4. Fees. There are currently no fees to join (handover.me) and no required listing fees for delivery customers.(handover.me) may collect an Auction Service Charge from delivery customers in certain categories if and when a quote is accepted. The amount of such an Auction Service Charge, if any, will be displayed for customers before they accept any quote. Transportation Service Providers (TSP’s) are charged a base transaction booking fee (base fee may be discounted for “Power Provider” or other special programs) based on a tiered percentage of their accepted quote price.
The origin and destination of a shipment determine the fee schedule that applies, which may change from time to time. Unless otherwise stated, all fee schedules are based on euro € (“EUR”). Changes to the fee schedule are effective by posting the changes on the (handover.me) site or via the Message Centre. For quotes placed in a different currency, we will use the conversion rate on the quote date to calculate the booking fee. This fee is only charged if a TSP’s quote is accepted by the shipping customer.
TSPs can still accrue a monthly invoiceable balance by purchasing various other products and/or services in the marketplace, such as third-party offerings and/or past due balances on their account. If in any billing period, we are not able to charge the TSP’s credit card on file the full amount owed us, (handover.me) reserves the right to charge the credit card for fees associated with specific matches or transactions that occurred on our site. Account credits resulting from prepaid deposits (see Section 5) will offset the fees due to (handover.me). (handover.me) reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our website. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your username and password, including fees. We recommend that you not disclose your (handover.me) password or any account sensitive information to any third parties.
5. Deposits & Payments. Shipping customers may be given two payment options when they accept a bid from a TSP:
(handover.me) Payment: (handover.me) collects the total booking price and supplies the customer with a payment code. Once delivery is completed, the customer can release payment from their (handover.me) account, the (handover.me) mobile site (on your touchscreen mobile device) or give the payment code directly to the TSP. The money is available for withdrawal in the TSP’s (handover.me) account as soon as the payment is released or the code is submitted. TSPs can withdraw the funds in their (handover.me) account by selecting a withdrawal method offered by (handover.me).
(handover.me) Payments is not an escrow service as the customer retains the right to control their payment(s). Releasing payment or providing the payment code to the TSP is the equivalent of making a non-reversible cash payment. TSPs can only ask for the payment code after the load is delivered when being paid through (handover.me) Payments (exception: some shipments may require payment at pick-up for legal reasons). Cancellations can only be initiated if the funds have not been released to the TSP through (handover.me) Payments. Customers will receive a full refund of funds paid via (handover.me) once a cancellation is completed. In the event that the code is released before a dispute is reported, (handover.me) reserves the right to suspend both parties, debit the transporter’s account for the amount owed and/or not issue a credit or refund for any or all of the amount paid through (handover.me) Payments by the customer. The customer agrees that they should release the payment code to the TSP upon delivery of the shipment (exception: some shipments may require payment at pick-up for legal reasons) regardless of damages, delays or any other service level issue that might have occurred during transit. Should damage occur, the shipping customer should take appropriate steps to file an insurance claim and/or work with their TSP to settle the damage claim.
In the event of a payment dispute, when a customer refuses to release the payment code, (handover.me) cannot release payment without the shipping customer’s consent under any circumstances. Only upon a customer giving consent will a payment code be released. (handover.me) can also attempt to contact the customer on behalf of the TSP regarding the refusal of payment and assist in mediating the issue, however, (handover.me) is not responsible for any monetary disputes that reside with a TSP or shipping customer; it is the responsibility of both the TSP and shipping customer to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of (handover.me).
(handover.me) Payments will be an option for all bids equaling €1,000 or less from eligible TSPs. Bids over €1,000 and bids from service providers that are not eligible will only have the deposit payment option.
(handover.me) Deposit: Customers pay a deposit in the amount of the TSP’s transaction fee (see Section 4). This deposit is collected by (handover.me) and credited to the TSP’s (handover.me) account. The deposit amount is then deducted from the accepted bid amount, and the shipping customer pays the balance directly to the TSP.
For example, if the total accepted bid is €100 EUR, then based on the tiered transaction fee for an EU to EU, non-Household Goods shipment, the shipping customer will pay an amount equal to the €10 EUR fee. The deposit amount of €10 EUR is collected by (handover.me) and credited to the TSP’s (handover.me) account. The shipping customer then pays the remaining balance of €90 EUR directly to the TSP. The pre-paid deposit is refundable to the shipping customer in the event of a match cancellation or in a dispute where the TSP is determined to be at fault.
Online payment through (handover.me) Payments, the shipping customer deposit and/or Auction Service fee will not be credited or refunded in the event of a completed shipment transaction. (handover.me) is not responsible for any monetary disputes that reside with a TSP or shipping customer; it is the responsibility of both the TSP and shipping customer to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of (handover.me).
6. Authorization to Credit and Debit Accounts. You irrevocably and expressly authorise (handover.me) to credit any monies to the account that you have identified for (handover.me). You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in activity on our website. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated above. You irrevocably and expressly authorise (handover.me) to withhold any monies and/or debit any monies from any account that you have identified to (handover.me) for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to (handover.me). We reserve our rights to all actions and remedies in connection with any monies owed to (handover.me). You will indemnify, defend and hold us harmless from any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
7. Chargebacks. Unwarranted chargebacks initiated by (handover.me) members against (handover.me) are prohibited and will result in the suspension of your (handover.me) account, and may result in (handover.me) pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a collections agency and retaining legal counsel for overdue accounts. In the event that shipping services were not performed, all members must abide by the (handover.me) Cancellation Policy described in Section 9 of this agreement. The (handover.me) Cancellation Process ensures the integrity of the feedback system and accuracy of any refund.
There are situations where a chargeback may be warranted, such as when a cardholder feels that their card has been charged fraudulently and/or there is a discrepancy with the billed amount. Prior to any chargeback initiation, (handover.me) must be notified by the cardholder so that (handover.me) may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a (handover.me) transaction.
If an unwarranted chargeback of the shipping customer deposit is initiated and accepted by the credit card processor or other entity, (handover.me) reserves the right to charge the TSP for any costs associated with the chargeback. This deposit represents a portion of the total match price and is credited to the TSP’s (handover.me) account to offset any match fees. If a chargeback is accepted, the TSP becomes responsible for that invoiceable amount.
The shipping customer deposit and/or Auction Service fee is non-refundable in the event of a completed shipment transaction. (handover.me) is not responsible for any monetary disputes that reside with a TSP or shipping customer; it is the responsibility of both the TSP and shipping customer to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of (handover.me).
8. Unpaid Fees. If, for any reason, any fees have not been received or in any manner realized by (handover.me) on matches that have been completed by you for the services and any additional services performed by you (“Unpaid Fees”), you agree to pay such Unpaid Fees immediately. If in any billing period, we are not able to charge your credit card on file the full amount owed us we reserve the right to charge your credit card for fees associated with specific matches or transactions that occurred on our site. If in any billing period, we are not able to charge your credit card on file the full amount owed us, (handover.me) may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount. Any partial payments made to members’ account balances will first be applied to the most recent fees owed us. If anytime after 30 days we cannot collect any fees owed to us, we may suspend or terminate your account or, at our discretion, put your account into the (handover.me) Financial Probation Program, which allows you to continue to place quotes and win business in the (handover.me) marketplace while being subjected to a higher match fee (currently 10.0%) that is paid directly to us by the Shipping Customer as a deposit prior to the Shipping Customer accepting a quote from You. This deposit reduces the money that you may collect from the Shipping Customer by the exact amount of the deposit paid by the Shipping Customer. If you subsequently pay off your entire balance owed to (handover.me), you may be removed from the (handover.me) Financial Probation Program. (handover.me) reserves the right to waive or change our fees, penalties, or interest at any time. (handover.me) also, reserves the right to prevent you from changing your transactional currency until you have paid all Unpaid Fees. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us to in our sole discretion make appropriate reports to 3rd party credit collection agencies, credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
9.Match Cancellations and Account Credits. A “Cancellation” occurs when either party has to cancel AFTER a quote was accepted on (handover.me) but BEFORE any services are performed. After a quote is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on (handover.me) will not be performed. When you request a cancellation, the other party will be notified and will have 72 hours to respond by either:
a) accepting the cancellation and your reason;
b) accepting the cancellation but providing their own reason and/or comments; or
c) disputing the reason for cancellation and requesting the review by (handover.me) staff.
If your Request for Cancellation is accepted by the other party, the match will be cancelled and the delivery can either be relisted or deleted. If your Request is disputed by the other member, then the Request will be sent to (handover.me) and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 72 hour period, the cancellation and reason will be automatically accepted (Case a). Once a cancellation is accepted, the shipping customer deposit and/or the Auction Service Charge will be refunded to the shipping customer’s original form of payment.
Every member is allowed 1 free cancellation for every 10 matches (10%) on (handover.me). Each Excessive Cancellation, above the 10% threshold, is considered to be excessive, or above the marketplace norm and will be displayed in the member’s profile. (handover.me) will determine the excessive cancellation/match rate based on both the TSP’s previous 12-month cancellation rate as well as their lifetime cancellation rate on (handover.me). Only if both rates are above 10% will the TSP receive excessive cancellations. TSPs that have excessive cancellations may be charged higher match fees than other TSPs. To determine the excessive cancellation surcharge we will use the lower percentage of the previous 12 months or lifetime cancellation rate. For example, if a TSP has a lifetime cancellation rate of 15% and a past 12-month rate of 20%, then the user will have an excessive cancellation rate of 15%. Cancellations do not affect the overall feedback score or the % positive.
TSPs that have Excessive Cancellations at the time a quote is placed will have a variable surcharge added to their match fee, in proportion to their current ratio of cancellations to matches. The fee schedule is as follows:
Excessive Cancellation Surcharge Schedule
Cancellations/Match Rate Match Fee Surcharge
0 – 10% No Additional Fee
10 – 20% 20%
20 – 30% 39%
30 – 40% 59%
40 -50% 79%
+ 50% 99%
For example, when a TSP who has 92 matches and 11 cancellations places a quote, their cancellation rate is calculated at 15% (Matched deliveries are always rounded up to the nearest 10, or 100 total in this example). Thus, this TSP would have a 20% surcharge added to their match fee amount (i.e., if their match fee was previously €10 it will now be €12 because of the 20% surcharge).
(handover.me) takes the abuse of the Cancellation process seriously. This includes submitting false or exaggerated reasons, attempting to cancel matches that have already occurred or are expected to occur or colluding with other members to abuse the process. A member that is found to be abusing the process will automatically have their cancellation request denied, may be subject to additional fees and penalties, and may have their account immediately suspended or deleted.
10. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the (handover.me) website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.
11. Release. Should you have a dispute with one or more (handover.me) users, you release (handover.me), its officers, directors, agents, subsidiaries, joint ventures, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Shipping. As a shipping customer, you are obligated to complete the transaction with the TSP if you accept the TSP’s quote unless the transaction is prohibited by law or by this Agreement. By accepting a TSP’s quote, you agree to be bound by the conditions of the quote included in the quote details so long as those trip details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless:
(1) the TSP materially changes the quote details after your acceptance;
(2) a typographical error is made; or
(3) you cannot authenticate the TSP’s identity or credentials
(see “Match Cancellations and Refunds” above for more details).
The TSP reserves the right to inspect your shipment before accepting it and to refuse to transport any item prohibited by this Agreement or by law. We recommend that you do not seal any package before inspection by the TSP. IMPORTANT: (handover.me) does not screen or qualify TSPs for compliance. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website. It is recommended that you confirm such compliance directly with the TSP before services are rendered by the TSP.
13. Prohibited and Restricted Items. Prohibited Items: Hazardous or dangerous goods. These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on (handover.me). The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labelled) may be listed on (handover.me) – provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. For details on particular hazardous substances and transportation requirements in the EU, see the EU Department of Transport publication. For details on particular hazardous substances and transportation requirements outside of the EU, please consult your local postal authority and/or regulatory agency. These guidelines do not constitute legal advice and do not pertain to any particular company’s practices. When in doubt, check with law enforcement agencies, a lawyer, the law or with a copyright, trademark or other rights owner for clarification. EU Restricted Items: Prohibited regulated or perishable goods. These are items are considered restricted by EU postal service and apply throughout our EU and International postal service. Generally, restricted or perishable items that can lawfully be transported by mail or commercial carrier are permitted on (handover.me) (see EU postal service Restricted Items for additional details). Full responsibility rests with the sender to comply with all postal and nonpostal laws and regulations that relate to the mailing of hazardous, restricted and perishable material. Anyone who sends, or causes to be sent, a nonmailable or improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment).
14. Transportation. You must legally be able to transport the deliveries that you quote on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, national and European licensing requirements. You must describe your offer and all terms of your services on the quote submittal form on our site. You acknowledge that the (handover.me) website exists for members to make a fully informed decision about your quotes, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge “extra fees” (and we are made aware of this fact), (handover.me) reserves the right to suspend or cancel your account at our sole discretion. Your quote may only include content relevant to the description of your transportation services. If you quote on any delivery and your delivery is accepted by the shipping customer, you are obligated to perform the services offered in your quote at the accepted quote price. You authorize (handover.me) to charge the (handover.me) match fee to your credit card when the shipping customer accepts your quote (see Fees). We provide distance calculations and driving directions (or links to 3rd party driving directions) to TSPs as part of our service. We are not responsible for the accuracy of this information. We recommend that you verify with the shipping customer the information that we provide.
15.Information You Submit. You solely are responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing (handover.me) transaction fees. Information may not contain any viruses or other malware that may damage or interfere with our website. Furthermore, you may not list any shipment or trip on our site that, by paying to us a match fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited Items terms. You authorize (handover.me) to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website acts as a passive conduit for any of your online communication or distribution of content or information.
Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
• Will not violate any international, EU law, regulation, rule, or statute;
• Will not violate the terms of this Agreement;
• Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent or trademark rights;
• Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
• Will not be libellous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about (handover.me) employees, agents, other members, or the marketplace itself;
• Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our website, operation of any of our systems and or create or impose a large burden or load on our website;
• Will not scan or test the vulnerability or security of our website or the system within which it operates;
• Will not be used for commercial or public purposes outside of the requirements of this Agreement;
• Will not create liability for us in any manner whatsoever;
• Will not frame or link to our website without our written permission; and
• Will not involve the upload, or insertion of, any programming language or code into or onto, our website.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
16.Fraud. (handover.me) may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site. Members may not manipulate the quote prices for any shipment or interfere with other members’ listings or transactions. Other fraudulent acts include:
A. Fees – You shall NOT:
• Request payment from another (handover.me) member via instant cash transfer services (non-bank, point-to-point cash transfer services such as the Western Union or another one);
• Charge to, or in any way attempt to collect from members, as an additional charge to the total amount agreed upon for the services, the (handover.me) Match Fee, or;
• Charge members a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on the (handover.me) website (given that the particulars of the service requested are materially the same as those requested on the (handover.me) website). Your accepted quote price must include ANY and ALL charges, including any taxes, fees, etc.;
• Represent or communicate to members that you are to collect the (handover.me) Match Fee;
• Cause another person or entity to engage in any conduct, act or behaviour intended or designed to circumvent or avoid, in any manner, our right to the (handover.me) Match Fee;
• Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to a Match Fee;
• Communicate or correspond, whether by written, verbal, or electronic means, with a member, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Match Fee.
B. Manipulating feedback – You acknowledge and agree that the (handover.me) website is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the site is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the site, you shall NOT:
• Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member;
• Post and/or cut and paste and/or copy the content of a member feedback review from the (handover.me) website to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third-party marketing/advertising materials regardless of the form;
• Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other);
• Post or attempt to post, in any manner or by any means, a feedback review on your own account.
17.Off-Site Communications. (handover.me) prohibits offers by its members to transport listed shipments, or to offer listed shipments for transport, outside of the (handover.me) site. Offers of this nature circumvent (handover.me)’s fee structure and are a potential fraud risk for both shipping customers and TSPs. Some examples of off-site offers include:
• Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in (handover.me)’s question and answer system, profile section, “Additional Information” sections, username, discussion forums, shipment listing, or shipment description.
• Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through (handover.me)’s question and answer system, profile section, “Additional Information” section, username, discussion forums, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a shipment for delivery off-site.
(handover.me) reserves the right to edit, amend, or delete any personal contact information that members submit on our site. (handover.me) reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.
18.Posting in the Community. (handover.me) reserves the right to edit, amend, or delete any information posted on the site if, in the sole opinion of (handover.me), the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this User Agreement or our Community Rules and Guidelines, which has detailed information about what postings we deem unacceptable.
19.Right to Reject or Remove Members. We reserve the absolute right to reject your participation or remove you from your current participation, in the (handover.me) site at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of Your participation can include but is not limited to: any circumvention of the (handover.me) marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of the employees, agents, or partners.
20.Petition for Reinstatement. Upon your removal from the (handover.me) website, you may petition for reinstatement. Your petition for reinstatement must include the following:
a) A written statement as to why you should be reinstated
b) Your contact information; your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate You. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
21.Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Our Information”). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation and that we shall be entitled to injunctive relief.
22.Taxes. You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.
23.Record Keeping/Audit. We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
24.Non-solicitation. During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.
25.No Criminal Convictions. You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a crime. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.
26.Unsolicited Idea Submission. We always want to receive messages and feedback from (handover.me) members and welcome any comments regarding the (handover.me) marketplace. However, (handover.me) policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by (handover.me) might be similar or even identical to your idea.
If you do send (handover.me) an unsolicited suggestion, idea, or proposal, or if you send, at the request of (handover.me), a comment or suggestion to improve the (handover.me) Marketplace (for example, through Discussion Boards or via email) (collectively, the “Submission”), (handover.me) will consider the Submission to be non-confidential and non-proprietary. (handover.me) shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. (handover.me) shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
27.Identity Verification. We use techniques to help verify the identity of TSPs when they register on our website through the handover.me domain, sub-domains or mobile application; however, (handover.me) cannot and will not confirm each Service Provider’s identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.
28.Feedback. For each (handover.me) transaction, the shipping customer and Service Provider are allowed to rate each other by leaving feedback for one another. Feedback consists of leaving one rating (positive, or neutral), along with a short comment about your experience. Feedback scores are calculated when another member gives you a star score.
Each member’s overall feedback score is the difference between the number of members who left a positive(more star) rating and the number of members who left a neutral or(less star) rating.
When a member leaves feedback, for example, three positive ratings for another member (three-star), the other member’s score increases by +3.
Each of the comments is made available for the community to read in the profile section. A member can only influence another member’s feedback score by star between (0 – 5 star).
If you attempt to undermine the integrity of our feedback system in any way, or if you earn a net feedback rating of negative”that’s mean you earn five-time (0 stars)”, your membership may be suspended. You acknowledge that your feedback consists of comments left by other (handover.me) members and a composite feedback number compiled by (handover.me). You agree that you will not use your (handover.me) feedback in any venue other than (handover.me). Members should always use caution and good judgment when leaving feedback for another member because members could be held legally responsible for damages to a member’s reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because (handover.me) does not censor feedback or investigate it for accuracy, (handover.me) is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
29.Resolving Feedback Disputes. To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member’s profile. Feedback comments cannot be edited at a later date. Members should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another member, or that may have been left for you. If you have a disagreement over feedback that has been left, you have options to respond.
A) Reply to Feedback Received. Share your side of the story by responding to any comment that has been left for you. Your response will be shown directly below the comment left by the other (handover.me) member.
B) Mutual Feedback Withdrawal. If both members are able to resolve a problem after feedback has been left, you can mutually agree to withdraw the feedback rating. The feedback comment will still appear in your profile, but it will no longer count towards your feedback score. Both members must agree, and feedback will be withdrawn at the same time upon confirmation of the request by both members.
C) Feedback Comment Withdrawal. (handover.me) will remove individual feedback comments only in very rare circumstances, such as when they violate certain (handover.me) policies. Other situations where (handover.me) will remove feedback include feedback containing vulgar language or other personal contact information, and instances when (handover.me) receives a valid court order to remove feedback.
30.Remedies. Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal your delivery or trip listings, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our services to you.
31. No Warranty. (handover.me), our employees and our suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
32.Liability. In no event shall we, our employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our services or this agreement, however, arising, including negligence. (handover.me) shall not be liable for:
(1) loss of profits; or
(2) loss of business; or
(3) depletion of goodwill and/or similar losses; or
(4) loss of anticipated savings; or
(5) loss of goods; or
(6) loss of contract; or
(7) loss of use; or
(8) loss of corruption of data or information; or
(9) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the greater of a number of fees you pay to us in the 12 months prior to the action giving rise to liability, and 100EUR.
33.Indemnity. You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
34. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
35. Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by (handover.me) to collect our fees and/or recover damages for, or obtain an injunction relating to, the (handover.me) site operations, intellectual property, and our services, shall be settled by binding arbitration. The parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (“CEDR”) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR.
36.Dispute Resolution. Disputes between you and (handover.me) regarding our services should be reported to (handover.me) Member Support. We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to (handover.me), we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
37.Protection of Intellectual Property Content. The (handover.me) website contains copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or HTML Code (“Intellectual Property Content”) all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the “look”, “feel”, “appearance” and “graphic function” of this website including but not limited to its colour combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party’s) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for the public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
38. Trademark and Domain Name Protection. The (handover.me) website contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the “Marks”) owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilise the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.
39.Security. (handover.me) uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilise several different security techniques to protect data from unauthorised access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside of our control.
41. Third Party Rights.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
42.Governing Law. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of the EU country in question. You and (handover.me) both agree to submit to the non-exclusive jurisdiction of the European courts. “Non-exclusive jurisdiction of the European courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in EU, but you may also elect to bring a claim in the court of another country instead. That countries law will apply in all cases.
43. Additional Policies. The following (handover.me) policies and all policies referenced there within, are part of this Agreement and provide additional terms and conditions related to a specific feature and/or product offerings on the (handover.me) sites:
• Brokered Loads Policy
• Payments Policy
44.General. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
Last Revised Date: 01 October 2017