These terms tell you the rules for using our services provided through our Website Africanpost.fr (the “Website”).
By accessing our Website, you acknowledge and agree to these terms. If you do not agree with these terms, you must not use our Website.
The purpose of the Website is to put non-professional private individuals in contact with each other for the transport of objects. The routing is not carried out specifically for the needs of an applicant but within the framework of a trip previously determined in a personal capacity by a member.
The purpose of the Website is not to allow smuggling, importing or exporting of any illegal or unlawful material between countries or within its own country.
2 PREAMBLE AND DEFINITIONS
2.1 LEGAL NOTICES :
The africanpost.fr Website is published by African Post Limited, whose registered office is located at 64 Belgrave Road E17 8QE LONDON.
2.2 GLOSSARY :
| User :
|| Natural person navigating on the site.
| Member :
|| Natural person who has created a User account on the site. A Member may be both an Applicant and a Traveller.
| Traveller :
||Member who posts a message / ad on the travel offer site.
| Applicant :
|| Member who needs the Traveller to deliver a package.
|| alidated announcement between a Traveller and a Claimant.
| The Parties :
|| Putting the Applicant and the Traveller in contact with each other.
2.3 GENERAL :
The purpose of these general terms and conditions of use is to provide a framework for access to and use of the Website.
These general conditions may be modified at any time by AFRICAN POST and without prior notice. It is the responsibility of each User to consult them and to adhere unreservedly to the present and all subsequent updates, before any use of the Website.
The applicable general conditions are those appearing on the Website on the day the ad is placed/accepted and can be printed at any time from the Website under the heading General Conditions of Use.
In order to be able to use our Website and our services, the Member declares and guarantees to be of legal age in the country where the Website is accessed.
2.4 PURPOSE OF THE WEBSITE :
The site is a simple online platform for connecting individuals.
Members are informed that the site is a collaborative platform. This means that the use of the services on this site is not intended to generate any profit or remuneration. It is about creating a community of individuals whose objective is to serve each other.
Members undertake to use the Service only in the context of a relationship between individuals, on a non-professional and non-commercial basis. AFRICAN POST cannot under any circumstances be held responsible for the professional or commercial use of the services offered by the site.
Similarly, as Members are individuals, they are aware and accept that the service provided is not as reliable as that provided by a professional. In particular, it cannot be guaranteed that the goods will be delivered on the agreed date and time.
Members undertake to use the services of the site for non-profit purposes. The Traveller undertakes to accept a Deal only if the trip he has already planned to make on a personal basis does not modify it (date, destinations, duration, etc.).
2.5 OPERATION OF SERVICES :
2.5.1 Delivery of packages
The Traveller posts an offer to deliver packages.
The Applicant searches on the site for a trip that meets his or her delivery expectations. Once found, he contacts the Traveller via the site's internal messaging system and asks him if he can handle his parcel delivery request.
The Traveller accepts delivery.
The Traveller checks the contents of the package and its conformity with the Applicant's description, then takes charge of the package after it has been closed by both parties together.
The Traveller carries the package in good faith to the recipient and gives it to him, The Applicant must validate the delivery of the package on the Website.
3 REGISTRATION / MEMBER AREA
Registration for the private networking service offered by AFRCAN POST is done through an online registration form on the site or by connecting the platform to a Facebook account.
3.1 REGISTRATION CONDITION
You can only become a Member of the Website if you are a natural person and not a transport professional and do not undertake any commercial transport activity.
It is mandatory for the Member to be of legal age in the country of which he is a national.
Registration is done by completing an online form. At registration, the User undertakes to provide accurate data and is required to complete all mandatory fields on the registration form. Users should provide true, accurate and complete information and should not omit or misrepresent any information. Users should update their details, including but not limited to their email address, as soon as they can.
The Member is solely responsible for his login and password. You must not disclose these to any third party. We are not liable for any security breach to your account.
In the event of prolonged inactivity on the site, it is possible that the registration process may be interrupted. The User is then invited to resume the registration procedure.
The User will then validate his registration by clicking on the link provided for this purpose in the email received.
The User once he has become a Member undertakes not to create or use any accounts other than the one initially created, whether under his own identity or that of a third party. The creation or use of new accounts under its own identity or that of third parties may result in the immediate suspension of the Member's accounts and all associated services.
The Member guarantees that the information communicated on the site is accurate, sincere and in accordance with reality. He undertakes to inform AFRICAN POST without delay in the event of any change in the information provided at the time of registration and, if necessary, to make such changes himself within his personal space.
3.2 MEMBER AREA
After registration and validation of the User's account, the Member will be able to access his personal space, made available by the platform.
4 USE OF SERVICES
4.1 APPLICANT :
The Applicant undertakes and has no right to use the Website and its services for any purpose of smuggling, importing, exporting, transporting any unlawful, prohibited, narcotic and/or illegal thing or object between countries or within its own country.
The Applicant undertakes and must comply with the laws governing the transport of goods by private individuals, whether in his country of origin, the countries crossed and/or the countries of destination.
The Applicant in the event of import or export must, before writing his announcement, check with the competent authorities of the said countries, the laws and regulations in force in each of the countries and comply with them.
The Applicant must consult the relevant customs site(s).
The Applicant undertakes to pay any customs duties that may be due.
When the Traveller is obliged to advance costs on behalf of the Claimant, which had not been discussed or anticipated by the parties, such as customs duties, for example, previously, the Claimant undertakes to refund them without delay, by any useful means to be agreed between the parties.
The Applicant undertakes not to send the Traveller a package of excessive weight, volume or value. This is a reminder: a service between private individuals and not a transport carried out by a professional.
The Applicant shall ensure, in the event that the package is transported by a motor vehicle or on two-wheelers, that the Traveller driver has valid insurance for his vehicle, passengers and transported goods, as well as a driving licence in accordance with the legislation in force
4.2 TRAVELLER :
The Traveller undertakes to consult the customs Website of the country/countries crossed and to respect their legislation before accepting a delivery request.
The Traveller ensures and undertakes to the Claimant that his vehicle or the means of transport chosen guarantee the integrity of the object being transported.
As the Traveller is a private individual, he undertakes not to substitute himself for a professional carrier and therefore will refuse to take charge of any package of excessive size, quantity, weight or volume.
5 COMMITMENT OF USERS AND MEMBERS
5.1 SERVICES OFFERED
5.1.1 Parcel delivery
The Applicant undertakes not to have transported by the Traveller any unlawful/dangerous/hazardous and/or prohibited goods, products or materials and/or prohibited by the legislation enacted in the country or countries crossed by the Traveller.
The Applicant is and remains the sole owner of the package and its contents, the Traveller will only assume the risks related to the delivery of the package: damage, loss, theft.
The Applicant shall freely determine, or in consultation with the Traveller, the amount to be paid to the Traveller.
The Traveller undertakes to take charge of the Applicant's parcel and to deliver it on time to the consignee in accordance with the terms set by and/or in consultation with the Applicant.
Once the contents of the package have been verified by the Traveller and closed in front of him, he undertakes not to reopen it and to transport it in a responsible manner to the consignee.
The Traveller undertakes to deliver the package only to the addressee designated by the Applicant.
The Traveller knows the contents of the package, he may be held responsible for its degradation and/or breakage during its delivery.
Note: It is recommended to take pictures of the package to avoid any dispute in case of disagreement between the Parties on its physical condition.
6.1 WEBSITE RESPONSIBILITY :
It is understood that the Website is a simple platform for connecting individuals, does not participate in any agreement between the Applicant, the Traveller and the recipient, and therefore does not have the status of professional carrier, transport auxiliary or postal operator. At no time does AFRICNAN POST interfere with the trips made and destinations and schedules. Users act under their sole and entire responsibility. As such, the proper performance of the service provided by the Traveller in agreement with the Applicant shall not entail any liability attributable to AFRICAN POST for any reason whatsoever, the service offered by africanpost.fr being a simple connection service.
The Applicant and the Traveller expressly agree not to hold the Website and AFRICAN POST liable for any breach whatsoever by any of the Parties of their obligations/duties. In particular, AFRICAN POST cannot be held liable for the loss or damage or theft of the goods transported.
Similarly, AFRICAN POST is not liable in cases where Members communicate incorrect information during their exchanges or on their personal space. AFRICAN POST is released from any responsibility concerning the progress of the service and in particular any modification or cancellation of the latter. Members are solely and exclusively responsible for the nature of the objects transported through the platform, any damage they may cause and must ensure that they are lawful and safe.
AFRICAN POST cannot be held liable for any failure to comply with these provisions.
AFRICAN POST ensures a monitoring of the content of the ads without any responsibility on its part. The Member is solely responsible for the content of his ad and AFRICAN POST is authorized to delete it if necessary.
In the event of non-compliance with the legislation in the content of the ad, the ad will be deleted and the Member's account may be blocked.
AFRICAN POST do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may discontinue, suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
AFRICAN POST do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
AFRICAN POST cannot guarantee the service without any faults. If there is any problem with the Website, Users should contact us and we will try to rectify/fix the issue as soon as reasonably practicable.
6.2 WEBSITE OPERATION :
AFRICAN POST is only bound by an obligation of means with regard to the operation and continuity of the Website. AFRICAN POST cannot under any circumstances be held responsible for matters outside their control including, but not limited to:
- Speeds of access to the Website from other Websites, speeds of opening and viewing the pages of the Website, external slowdowns, suspension or
- The inaccessibility of the service, the fraudulent use by third parties of all the information made available on the Website;
- For acts of force majeure, breakdowns and technical problems concerning equipment, programs, Internet network software which may, if necessary, lead to the suspension or termination of service.
- If the service offered by the Website is incompatible or malfunctions with certain software, configurations, operating systems or equipment of the Member.
The Member is solely responsible for the use he makes of the service and cannot hold AFRICAN POST liable for any claim and/or procedure made against him. He undertakes to take personal responsibility for any claim and/or procedure brought against AFRICAN POST relating to his use of the service.
AFRICAN POST reserves the right to make any modifications and improvements to its services that it deems necessary or useful and will not be liable for damages of any kind that may arise as a result.
In addition, AFRICAN POST reserves the right, without notice or compensation, to temporarily or permanently discontinue a service or all the services offered by it on the Website. AFRICAN POST shall not be liable for any damage of any kind that may occur as a result.
6.3 RESPONSIBILITY OF MEMBERS :
Members owe each other mutual respect and courtesy. In case of misuse of the language, its author incurs the permanent closure of his account.
It is recalled that the Traveller must not, under any circumstances, make the trip specifically for the Applicant but must have already planned this trip for himself and for his private use. Under no circumstances may the Traveller present himself as a competitor of professional carriers. It is recalled that the activity of road haulier of goods is regulated.
The Traveller may only use the services on the Website to cover part of the cost of his trip. Under no circumstances may he use the services of the site to carry out a remunerated transport activity or make any profit or profit.
Similarly, it is expressly prohibited to transport objects, through the Website, in the context of a professional activity and in no case may a Member use the Website for the purpose of pursuing a professional activity of transport, trade, or to perform a usual commercial act. Professional transporters or any Member carrying on the activity of transport on a regular basis may not carry on their activity through the Website, AFRICAN POST declines any liability in this respect.
7. PERSONAL INFORMATION
The personal data transmitted through the forms will be processed fairly and lawfully in accordance with the rights of the Users. The information requested, indicated by an asterisk, is mandatory.
In accordance with the Data Protection Act 2018, it is recalled that the personal data requested from the Member are necessary for the processing of his requests and the preparation of invoices, in particular.
By using the site, the Member consents to the use by AFRICAN POST of personal data concerning him/her, which he/she has communicated or which are collected via the operation of the site. This data is necessary to send the Member newsletters and other information and to enable him to benefit from certain services offered by this site.
In accordance with the Data Protection Act 2018, the Client has the right to access, rectify and oppose all his personal data at any time by writing to AFRICAN POST, by letter and proving his identity, at the address mentioned in the preamble. In accordance with English law, this information may be disclosed by AFRICAN POST to any natural person, legal entity or administrative entity that may request it.
A cookie is a small data file that records information related to navigation on the site such as pages viewed, date and time of viewing etc.
Cookies make it possible to optimize and make the customer's navigation on the site more pleasant. They also make it possible to offer personalized offers and services.
If he does not want cookies, the User must configure his web browser to refuse them.
You can visit the Cnil Website to help you manage cookies. Be careful, however, some features require the deposit of cookies, without them the navigation on the site may be severely disrupted.
9 INTELLECTUAL PROPERTY
The Website is a work protected by intellectual property rights. The User can only claim a right to view its content in a private context. The Website and the information contained therein are intended for strictly personal use and may not be reproduced, communicated to third parties, used in whole or in part, for commercial or non-commercial purposes, or used to produce derivative works. You may not decode or reverse engineer any part of the Website.
Thus, any reproduction, representation, publication, transmission or, more generally, any exploitation without prior authorization is prohibited.
The brands and logos appearing on the site are protected and registered trademarks.
Any total or partial reproduction of these brands and/or logos, made from the elements of the site without the express authorization of AFRICAN POST are not permitted and will constitute trademark infringement.
10 FORCE MAJEURE
AFRICAN POST shall not be held liable, or considered to have failed hereunder, in the event of delay or non-performance, when their cause is linked to a case of force majeure.
11 APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Use and the operations resulting from them are governed by and subject to English law.
These General Terms and Conditions of Use are written in English. In the event that they are translated into one or more foreign languages, the English text alone shall prevail in the event of a dispute.
You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any and all disputes to which the transactions concluded pursuant to these general conditions of use between AFRICAN POST and the Member may give rise, concerning their validity, interpretation, execution, termination, cancellation, cancellation, cancellation, etc. consequences and their consequences which could not have been resolved between AFRICAN POST and the Member.
Dated: 10 January 2020