1. Parties to the Agreement
The parties to the Agreement regarding the FAN Courier Mobile App are FAN Courier Express SRL (hereinafter referred to as “FAN Courier”), located at 11C Fabrica de Glucoză Street, Bucharest, and the User.
2. Subject to the agreement
(1) The subject of the T&C is represented by the provision of the FAN Courier Mobile App and the use of the functions offered through the FAN Courier Mobile App.
(2) The main functions of the FAN Courier Mobile App that can be accessed consist of providing information about FAN Courier products and services, as well as creating accompanying documents for postal shipments, hereinafter referred to as AWB, placing orders for the collection of postal shipments, cost calculator, map of FAN Courier access points and contact, tracking them and updated information regarding logistics.
The termination of the T&C applicability occurs in the event of the deletion of the FAN Courier mobile app from the device by the user or in the case of FAN Courier restricting the user’s access to the application, in the event that the user has violated any of the T&C provisions.
3. Access and authentication in the FAN Courier Mobile App
Access to the FAN Courier Mobile App will be carried out after the client accepts the permissions: photo camera (access to the camera being requested only when using the option to scan AWB barcodes), location (to have access to FAN Courier locations), etc. FAN Courier clients who possess an account on the www.selfAWB.ro platform will log in with their existing login details. Otherwise, the agreed contractual conditions will not be applied (in case there is a concluded contract). In the event that the app user does not hold an account on the www.selfAWB.ro platform, they have two options:
- access the application without authentication and have limited access to the application’s functionalities
- create a new account through the application, the newly created account being of the “selfAWB occasional” type.
The functionality of the FAN Courier Mobile App is described in the Application User Manual.
Create AWB
The generation of the AWB is not possible without completing the mandatory fields and complying with the conditions in the application.
The sender must present the barcode/QR code to the courier for the purpose of printing the transport document.
The selected observations are for information purposes only (Saturday delivery, Monday delivery, etc.); the “General conditions regarding the provision of postal services” of FAN Courier shall apply with priority.
The company’s services can only be partially accessed through the application; to have access to the entire range of services provided, other channels can be used (www.selfAWB.ro and the telephone number 021/9336).
The Cash on Delivery service with reimbursement into a collector account is available for clients who have their bank account and issuing bank registered on their account.
All shipments generated from the mobile application will be of the ePOD type (delivery with electronic signature on the PDA).
AWB List
In the “AWB List” section, one can view uncollected postal shipments for the purpose of registering an order, those generated from the application that have already been collected, as well as unfinished transport documents.
AWB Order
A collection order cannot be finalized unless an (uncollected) AWB generated from the application is associated with it.
Cost Estimate
In the event that a contract is concluded between FAN Courier and the user, it is necessary for the latter to authenticate in the application using the credentials received from FAN Courier.
Otherwise, list tariffs will apply. The cost estimate is for information purposes only; differences may exist between the estimate and the final tariff; FAN Courier does not guarantee the accuracy of the estimate.
Access Points and Contact
Location on the map is possible provided that the location option is activated on the mobile device used.
5. Rights, duties and obligations of the user
(1) The user shall use the FAN Courier Mobile App only for the purpose of this agreement.
(2) The user is responsible for determining the extent to which the provided services are suitable and meet specific legislative, legal, and other requirements regarding data protection and security, as well as independently determining the extent to which the use of the services offered under this agreement is permitted for the user’s intended purpose. The FAN Courier Mobile App does not include any legal instructions in this regard. It shall be noted that full security cannot be guaranteed through technical processes and that the security of encryption processes is constantly changing.
(3) The user is responsible for their own activities, particularly in relation to the information, data, and content that the user or a third party attributable to the user uploads, stores in the system, and/or transmits or distributes when using the FAN Courier mobile app.
(4) The user shall ensure that the use of the services does not have negative effects on FAN Courier, on companies associated with FAN Courier within the group, or on any other third parties. Consequently, the user is prohibited from using the services offered by FAN Courier for illegal purposes and/or especially:
- to store content prohibited by law and to transfer or make such content available to third parties;
- to upload illegal or immoral content into the system or to transfer or make such content available to third parties, including references to such content.
The user undertakes to use the FAN Courier mobile app only in compliance with the T&Cs and any applicable legal provisions.
6. Rights regarding the use of the software
(1) During the term of the agreement, the user receives an international, non-exclusive, non-transferable right, which they are not allowed to sub-license, to use the software that constitutes the purpose of this agreement.
(2) The user does not have the right to modify, adapt, translate, or otherwise revise the software or to connect it with other software programs.
(3) The user shall indemnify FAN Courier against any claims by third parties issued against FAN Courier as a result of the culpable violation of the obligations established in these General Terms and Conditions and/or as a result of other harmful culpable actions of the user or a third party attributable to the user. Furthermore, the user shall provide compensation for any other damages incurred, including the cost of any necessary legal and defense actions. This obligation is also valid for the misuse of the user account by third parties.
7. Rights and obligations of FAN Courier
(1) FAN Courier provides the service in accordance with the service specifications and the provisions of this agreement.
(2) FAN Courier reserves the right to modify, add, or stop certain functions offered in the FAN Courier Mobile App, or to close the FAN Courier Mobile App partially or entirely, at any time without prior notice.
(3) In the event of a culpable violation of statutory regulations or these General Terms and Conditions by a user or by any third party attributable to the user, FAN Courier reserves the right to temporarily suspend the service, in whole or in part.
(4) FAN Courier does not guarantee that the user’s access will be uninterrupted or error-free.
(5) FAN Courier does not guarantee the operation of the application on all devices, operating system versions, or hardware configurations. The user is responsible for ensuring the compatibility of their device.
(6) FAN Courier reserves the right to modify these Terms and Conditions. The updated version will be available in the application, and continued use represents acceptance of the modifications.
8. Liability and limitation of FAN Courier’s liability
(1) The FAN Courier Mobile App is provided “As Is” and “as available”. Temporary interruptions may occur for technical reasons, maintenance, or updates.
(2) FAN Courier does not guarantee the accessibility and functioning of the FAN Courier Mobile App on any operating system.
(3) FAN Courier does not assume liability for the accuracy or incomplete nature of the information provided in the FAN Courier Mobile App. FAN Courier does not guarantee that the user’s access to the mobile application will be uninterrupted or error-free.
(4) In no case shall FAN Courier be liable for damages resulting from service interruptions and delays due to events that cannot be foreseen and cannot be attributed to FAN Courier, its legal representatives, or its indirect agents. Events that cannot be foreseen may include: war, civil unrest, forces of nature, fires, attacks or sabotage by third parties (e.g., using computer viruses), power outages, directives from government agencies, labor disputes within the company, and failures or restrictions of services in communication networks, without being limited to these.
(5) FAN Courier is not liable for any situations that may arise during the use of the FAN Courier Mobile App service/application due to malfunctions, errors, or non-compliance with legal provisions regulating the use of services, in general, and telecommunications services, in particular.
(6) The user is fully responsible for maintaining the confidentiality of the authentication data for accessing the application and cannot hold FAN Courier liable if an employee/collaborator of the company or any other third party accesses their account.
The parties agree that the data and information obtained by accessing the application that are or will become known to them are confidential information.
Confidential information represents any information of a confidential nature (existing before or after the date of this Agreement), regardless of the manner in which it is communicated, relating to the activity, business, developments, tariffs, discounts, personalized offers, trade secrets, prices, personnel, suppliers, and customers of each of the Parties, including intellectual property, together with all information obtained from the above and any other information clearly indicated as being confidential; the user understands, through this Agreement, that FAN Courier shall be entitled, without the obligation to prove special damages, to the remedies provided by a court judgment and/or other equitable remedy, for any actual or threatening breach of the obligation to maintain data confidentiality.
9. Application use agreement
(1) The agreement enters into force by downloading and activating the FAN Courier Mobile App, and its term is for an indefinite period.
Push notifications
If the user agrees to receive notifications, all existing categories of notifications (news, alerts, updates, etc.) will be sent to them, with the user having the option to deactivate one or more categories of notifications from the Settings screen.
Deactivating these may affect the functionality of certain services.
Redirection to other websites
FAN Courier is not responsible for any third-party website linked via a hyperlink from the FAN Courier mobile app. It is the user’s responsibility to read and accept or decline the Terms and Conditions or the Privacy Policy of those third parties.
The present Agreement is governed by Romanian law. The parties agree through this Agreement that their rights and obligations, as well as the interpretation and execution of the Agreement, shall be governed by the provisions of the Romanian law in force regarding Intellectual Property.
The user irrevocably obliges and undertakes towards FAN Courier not to use without authorization the data / information / documents for which FAN Courier holds a registered and/or protected intellectual property right according to the law.
Any results or rights, including copyrights or other intellectual or industrial property rights, are and shall remain the exclusive property of FAN Courier, which will use, publish, assign, or transfer them as it sees fit, without geographical or other limitations.
The user shall not use the data obtained from FAN Courier except for the purpose of using the application; the data obtained shall not be disclosed to third parties.
The user undertakes to indemnify FAN Courier against any claims and legal actions resulting from the violation of intellectual property rights (patents, names, registered trademarks, etc.).
Applicable law. Disputes
The T&C provisions are governed by Romanian law.
Disputes of any kind – between FAN Courier and the User – shall be settled amicably; otherwise, disputes shall be resolved by the competent courts at the registered office of FAN Courier.