1. Parties of the agreement
The Parties of the Agreement regarding the mobile application FAN Courier Mobile App are FAN Courier Express SRL (named hereinafter “FAN Courier”) 11C Fabrica de Glucoză Str., Bucharest and the user.
2. Object of the agreement
(1) The object of the agreement is the provision of the mobile application FAN Courier Mobile App and the usage of the functions offered through the mobile application FAN Courier Mobile App.
(2) The main functions of the mobile application FAN Courier Mobile App which can be accessed, consist in provisioning information about the FAN Courier products and services and creating accompanying documents of the postal dispatches, named hereinafter AWB, placing orders for pickup of postal dispatches, cost calculator, map of access points and FAN Courier contact, their tracking and updated information regarding logistics.
3. The access and authentication in the Mobile FAN Courier application
The access in the FAN Courier Mobile application will be made following the approval by the customer of the permissions: photo camera (the access to camera being requested only when the scanning option of the AWB barcodes is used), location (to have access to FAN Courier locations), etc.
The FAN Courier customers who have an account on the www.selfAWB.ro platform will log in with the login data they have. Otherwise, the agreed contractual conditions will not be applied (if there is a contract signed).
If the application user does not have an account on the www.selfAWB.ro platform, he has two options:
- accesses the application without authentication and has limited access to the application’s functionalities
- creates a new account through the application, the new created account being of “occasional selfAWB” type
The functionality of the Mobile application of FAN Courier is described in the User’s Manual of the application.
4. Sections of the FAN Courier mobile application
Generation of AWB is not possible without filling in the mandatory fields and abiding by the conditions from the application.
The sender must present the barcode/QR to the courier, for printing the transport document.
The selected observations are a guide (Saturday delivery, Monday delivery etc.), the “General conditions regarding the provision of postal dispatches” of FAN Courier, will be applied with priority.
The company’s service can be accessed only partially through the application and to have access to the entire offer of the provided services the other channels can be used (www.selfAWB.ro and phone number 021/9336).
The service against reimbursement with reimbursement in the collector account is available for customers who have the bank account and the issuing bank registered on their account.
All the dispatches generated from the mobile application will be of ePOD type (delivery with electronic signature on PDA).
In the section “AWB list” you can view the postal dispatches not picked-up for registering an order, the ones generated from the application which were already picked-up and the unfinished transport documents.
The pick-up order cannot be finished if an AWB (not picked-up) generated from the application is not associated to it.
If there is a contract signed between FAN Courier and the user, it is necessary for the latter to authenticate in the application with the data received from FAN Courier. Otherwise, the list tariffs will be applied.
The cost estimation is indicative, there can be differences between the estimation and the final tariff; FAN Courier does not guarantee the accuracy of the estimation.
Access and contact points
The localization on map is possible under the conditions of activating the localization option on the used mobile device.
5. Rights, duties and obligations of the user
(1) The user will use the mobile application FAN Courier Mobile App only in the scope of the hereby agreement.
(2) The user is responsible to determine the extent to which the provided services are appropriate and fulfil the legislative, legal specific requirements and other requirements regarding data protection and security and to determine independently the extent to which the usage of the services offered under the virtue of the hereby agreement, is allowed in the purpose intended by the user. The FAN Courier Mobile App application does not include any kind of legal instructions on this matter. It will be acknowledged that the full security cannot be guaranteed through the technical processes and the security of the encryption processes is in continuous change.
(3) The user is responsible for his/her own activities, especially regarding the information, data and content that the user or a third party who can be assigned to the user breaches it, storages it in the system and/or sends or distributes it when using the FAN Courier mobile application.
(4) The user will ensure that the usage of the services does not have negative effects for FAN Courier, for the companies associated with FAN Courier from the group or for any other third parties. Thus, the user is forbidden to use the services offered by FAN Courier in illegal purposes and/or especially:
- To storage content forbidden by law and to transfer or make available such content to third parties;
- To load illegal or immoral content in the system or to transfer or make available such content to third parties, including references to such content.
6. Rights regarding the software’s usage
(1) During the agreement, the user receives an international, non-exclusive, non-transferable right and which cannot be sublicensed, to use the software which represents the scope of the hereby agreement.
(2) The user does not have the right to change, adapt, translate or otherwise review his/her software or to connect it with other software programs.
(3) The user indemnifies FAN Courier of any claims of third parties, issued against FAN Courier following a breach by guilt of the obligations settled in these General Terms and Conditions and/or as a result of other damaging actions by guilt of the user of a third party which can be assigned to the user. Further, the user will insure indemnifies for any other borne damages, including for the cost of any legal and defence necessary 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 according to the specifications of the service and the provisions of the hereby agreement.
(2) FAN Courier reserves the right to change, add or stop some functions offered in the mobile application FAN Courier Mobile App or to close the mobile application FAN Courier Mobile App partially or fully, in any moment, without prior notification.
(3) In case of a breach by guilt of the statutory regulations or these General Terms and Conditions by a user or any third party which can be assigned to the user, FAN Courier reserves the right to temporary suspend the service, totally or partially.
(4) FAN Courier does not guarantee that the user’s access will be uninterrupted or that it will not have errors.
8. FAN Courier’s liability and limitation of liability
- FAN Courier Mobile App is provided, as it is (“As Is”).
- FAN Courier does not guarantee the accessibility and functionality of the mobile application FAN Courier Mobile App on any operation system.
(1) FAN Courier does not take responsibility for the correctness or the incomplete character of the information provided in the FAN Courier Mobile App application.
(2) FAN Courier is not liable, in any case, of damages resulted from the interruption of the service and delays following some events which cannot be foreseen and cannot be attributed to FAN Courier, its legal representatives or indirect agents.
The events which cannot be foreseen can be: war, civil rebellions, forces of nature, fire, attacks or sabotage from third parties (ex. using computer viruses), power outage, directives of government agencies, legal work disputes inside the company and failures or restrictions of the services in the communication networks, without limiting to them.
(3) FAN Courier is not liable for eventual situations, which may occur in using the FAN Courier Mobile App service/application, which are due to failures, errors or non-abidance by the legal provisions which regulate the usage of services, generally and the telecommunication services, especially.
(4) The user is fully responsible of keeping the confidentiality regarding the authentication data for access in the application and cannot attract the liability of FAN Courier if an employee/collaborator of the company or any third party will access his/her account.
The Parties agree that the data and information obtained by accessing the application, which are or will be acknowledged by them is confidential information.
The Confidential Information represents any information of confidential nature (existent before or after the date of the hereby Agreement), irrespective of the way in which it is communicated, which regards the activity, businesses, developments, tariffs, discounts, customized offers, commercial secrets, prices, staff, providers and clients of each of the Parties, including intellectual property, with all the information obtained from the above and any information notified clearly as being confidential. The user understands, through the hereby Agreement, that FAN Courier will have the right, without the obligation to prove the special damages, to remedies offered by a legal decision and/or other fair remedy, for any real or threatening breach of the obligation to keep the confidentiality of data.
9. Application use agreement
(1) The Agreement will be in force by downloading and activating the mobile application FAN Courier Mobile App and its term is an indefinite period.
If the user accepts to receive notifications, all the existent categories of notifications will be sent to him/her (news, alerts etc.) and he/she will have the option to deactivate one or more categories of notifications from the Settings screen.
Redirection on other websites
FAN Courier is not liable for any third party website linked through a hyperlink to the FAN Courier mobile application. It is the user’s responsibility to read and accept or not the Terms and Conditions or the Confidentiality Policy of these third parties.
The hereby Agreement is governed by the Romanian law. The Parties agree through the hereby Agreement that their rights and obligations and the interpretation and execution of the Agreement will be governed by the provisions of the Romanian law in force.
The user is obliged and undertakes irrevocably towards FAN Courier not to use without right the data/information/documents for which FAN Courier has a registered and/or protected intellectual property right, according to law.
Any results or rights, including copyrights or other intellectual or industrial property rights, are and will be the exclusive property of FAN Courier, which will use, publish, assign or transfer them, as it will consider, without geographic or otherwise limitation.
The user will use the data obtained from FAN Courier only in the purpose of using the application, the data obtained will not be disclosed to third parties.
The user is obliged to indemnify FAN Courier against any legal claims and actions, which result from the breach of intellectual property rights (patents, names, trademarks etc.).