Terms of Service

All content, information, and services provided on and through the Platform may be used only under the following terms and conditions, as they are amended from time to time (the "Terms"), whether or not you become a registered user of the Services. As used in these Terms, "Customer" means a registered user who posts a job for Messenger services, and "Messenger" means a registered user who submits a quote to provide Messenger services for a job posted by a Customer.

Your use of the platform constitutes your agreement to comply with these terms. We may change the terms that govern your use of the platform from time to time effective upon posting of an updated version of these terms on the platform. You are responsible for regularly reviewing these terms. By using this platform, you agree that the posting of new or revised terms and conditions on the platform will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the service after any such changes or after explicitly accepting the new terms upon logging into the platform shall constitute your agreement to follow the terms as changed. In addition to changes in the terms, we may change, edit, delete or revise portions of the platform at any time without notice.

If you would like to contact us regarding these Terms, you can do so at the address set out above or by emailing us at info@dbike.com

1. PLATFORM GENERAL USAGE.

1.1 Limited License. You are granted a limited, revocable license to access and make use of the Platform for your personal use in accordance with these Terms. This license does not include, and you are expressly prohibited from: (i) creating derivative works using the Platform or its contents; (ii) using data mining tools, bots, or similar data gathering techniques and tools; (iii) framing or using framing techniques to enclose any Platform content without our express written consent; and (iv) using any meta tags or any other 'hidden text' that uses our name or any of our trademarks or services mark. No material from our Platform may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, and (ii) you make no modifications to the materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. We may terminate this license and your rights to use the Platform for any reason at any time.

1.2 Links to Other Materials. In using the Platform, you will be exposed to content and information from other users or third parties ("Third-Party Content"), whether at our Platform or through links to third-party webPlatforms. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other users of the Platform.

1.3 Territory. Our Platform is hosted in Germany. We make no representation that content and materials on this Platform are legal or appropriate for use from outside Europe. Any references on the Platform to specific products and services are applicable only to those available in Europe, and any product claims and comparisons to other products on the Platform apply within the Europe only. If you access this Platform from outside Europe, you do so at your own risk. You may not use the Platform in violation of European export laws and regulations.

1.4 Privacy. Please review our Privacy Policy, which also governs your use of the Platform and is incorporated by reference. A copy of the Privacy Policy may be found at http://DBike.com/privacy .

1.5 Your Account. You may register at the Platform and set up an account having an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and/ or password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. You will provide only current, complete, accurate and truthful information. If you are accessing and using the Platform on behalf of another individual or entity, then you represent that you have the authority to bind that person or entity as the principal to these Terms, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Platform resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.

1.6 Platform Limitations. You acknowledge that data entry, communication and storage are subject to a possibility of human and machine errors, omission, delays, down time, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage or which may prevent access to the Platform. We will not be liable in any way to you or any other party for errors, omissions, delays, interruptions, or losses.

2. USER CONTENT & CONDUCT.

2.1 Booking Process. After registration, DBike allows you to send and receive delivery quotations connecting customers and messengers via DBike application.

2.2 Once a service delivery has been agreed between Customer and Bike messenger the  Services are undertaken directly by the messenger and DBike do not perform the delivery itself.  Your contract for the provision of any Service remains between the Messenger and the Customer . The App enables you and the Customer to speak to or text each other in order to deal with issues in real time. In addition, if you have any queries or issues about any Service placed with you, you should first contact the Customer or Messenger.

2.3 Our website allows for the automated placing of orders between you and a Courier without any human intervention by DBike.  We do not 'check' customer´s Quote before it is placed to the Couriers. It is therefore essential that the order is correctly entered and declared in order for the correct Services and pricing to be displayed. Quotes will be based on the information provided by the Customer when placing a Delivery Request.

2.4 A contract for the Delivery Services will only be formed when Messenger make a Quote Acceptance within the Acceptance Period specified with each Delivery Request.

2.5 At the time that the Package is picked-up by the Messenger at the Origin of the delivery address, the payment transaction will be confirmed by the Customer and the Bike Messenger will receive a notification of the successful payment transaction.

2.6 There must be someone at the Destination Delivery Address to receive the item(s). One of the following must occur in order to complete delivery:

If no one is available at the pick-up or delivery address and chain of custody is not waived, messenger returns items and bills requester you full delivery fare a cancellation fee.

2.7 Permitted Items. Messengers can only transport no more than 15 Kilos.

Your messenger will be on bike, and may refuse to accept some oversized items.

 

2.8 Restricted items: You may NOT send for delivery:

The Customer is responsible for declaring, packaging and labeling Dangerous Goods. Dbike Express will not accept Dangerous Goods.

Customer agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:

2.9 DBike company reserves the right to open and inspect a Shipment without notice. In which case, it will be perform as part of our audit activities, when it has been notified to our customer service support any dangerous activity that may be related with the transportation of dangerous goods.

2.10 Neutral Venue. You acknowledge and agree that the Platform will function solely as a conduit for the receipt, management and transmission of content supplied by you and third parties (the "Content"). We are not involved in the actual face-to-face contact between users, and we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Platform. We are not responsible for any Content. We will not monitor, exercise control over, or review, evaluate, or assess any Content. You have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of your or another party's proper or improper use of Content.

2.11 Content License. If you post or submit Content through the Platform, and unless we indicate otherwise, you hereby grant to us a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license, which we may sublicense, to: (a) use, copy, reproduce, perform, display, publish and distribute (internally and externally) copies of, the Content (including any trademarks that consist of text or that are embedded or incorporated into such Content, e.g., a logo in a product image); and (b) adapt, modify, re- format and create derivative works of such Content which derivative works are also subject to the license set forth in clause (a). You also hereby grant us and our sublicenses the right to use the name that you submit in connection with such Content. Our rights to the Content will apply to the Content in any form or medium, whether now known or hereafter known.

2.12 Content Violation. As between You and us, You have complete responsibility for any claim that any Content was unlawfully or improperly delivered, received, stored, processed, copied, adapted, reproduced, published, transmitted or divulged, and any other similar claims arising out of Your or another party's proper or improper use of the Content. We may, but are not obligated, to review Content that you submit. If notified that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the Content. We have no liability or responsibility to you and other users for performance or nonperformance of such activities. We reserve the right to expel you and prevent your further access to the Platform for violating these Terms or the law and the right to remove Content that is abusive, illegal, or disruptive. We have no obligation to post any Content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any Content that you post or submit. We may take any action with respect to Content that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us.

2.13 Content Warranty. You represent and warrant to us that (i) You have the rights to grant us the rights that You purport to grant in this Agreement; (ii) Content is accurate and not misleading; and that (iii) Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

2.14 Restrictions on Use. You agree that you will not: (a) interfere, breach or abuse the security measures implemented to limit access and protect the Platform and the resources used to provide the Platform; (b) disrupt or interfere with the operation of the Platform or the resources used to provide the Platform; (c) transmit through the Platform any virus, trojan horse, or similarly harmful, disruptive or destructive computer program, script or object; (d) monitor, mirror, copy, summarize or create any derivative work from any webPlatform through which some or all the Platform is provided or any materials used to provide the Platform (including the underlying software); (e) use another person's account or password to access the Platform or otherwise obtain unauthorized access to the Platform or the data or information of another person; (f) use the Platform in any illegal manner or for any illegal purpose, or any other manner or purpose that would expose us or our service providers to civil or criminal liability; (g) use the Platform to transmit any form of unsolicited commercial e-mail or similar messages or otherwise use the Platform for commercial purposes; (h) transmit or communicate to us or our service providers any information that is illegal or which it does not have permission to transmit or communicate; (i) reverse engineer, decompile or reverse assemble any software used to provide the Platform; (j) use the Platform in any manner that could reasonably be expected to damage, disable, overburden or impair the Platform; (k) interfere with the security of, or otherwise abuse the Platform or the system resources, accounts, servers or networks connected to or accessible through the Platform; (l) permit any person under the age of 18 to access or use the Platform; register for more than one Messenger account and one Customer account or register for a user account on behalf of an individual other than yourself; (m) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (n) use automated scripts to collect information or otherwise interact with the Service or the Platform; (o) use the Platform to find a Customer or Messenger and then complete the transaction offline in order to circumvent your obligation to pay for the service; (p) submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor; (q) submit a quote on a job that you cannot or do not intend to perform; or (r) attempt, or permit or authorize any other person to do, or omit to restrict any user from doing, any of the foregoing. We reserve the right to suspend or restrict the provision of the Platform as we determine in our sole discretion.

2.15 Identity Verification. You are responsible for determining the identity and suitability of others with whom you connect through this Platform. We encourage you to communicate directly with potential Customers and Messengers through the tools available on the Platform and to review your Messengers' and Customers' profile pages for feedback from other users.

2.16 Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interaction with any other user of the Platform. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Platform and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Platform may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.

2.17 Release. You agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from DBike. You hereby release DBike (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Platform or your experience as Customer or Messenger in connection with the Platform.

2.18 Posting Jobs. If you post a job through the Platform which is accepted by you and a Messenger, you acknowledge and agree that the price you specify for that job will constitute an essential part of a binding agreement between you and the Messenger. You further agree not to alter the price once accepted.

2.19 Legal Compliance. You are responsible for using the Platform in a manner that complies with all applicable local, state, national and international laws and regulations.

 

 

3. PAYMENT.

3.1 Fee Structure. As a Customer, you agree to pay the quote agreed upon between you and the Messenger selected for the job.

3.2 Payment Logistics. As a Customer, if you accept to pay the quote for a job you've posted, then you agree to pay via the selected payment method in your account profile.

If you pay your messenger with Cash, you agree to provide to the messenger the amount confirmed at the pick-up location. Dbike will charge 20% commission over all the deliveries performed in a monthly basis to the biker.

If your payment method is via Paypal your account will be charged the full balance at the time the delivery is completed, and Paypal will hold the funds. When the Customer confirms receipt of delivery and rates the Messenger, or 24 hours after the Messenger has confirmed delivery, whichever is sooner, Paypal will remit the held funds to the Messenger and DBike commission of 20%.

You agree to abide by all our terms and conditions and the PayPal acceptable use policy. DBike reserves the right to refuse and cancel any order and operate sophisticated Payment & Fraud security checks.

3.3 Cancellation and Refunds. As a Customer, you may cancel a posted job at any time prior to accepting a Messenger´s acceptance of your request. If you decide to cancel a job after you have requested the service, you may be able to receive a refund; however, cancelation fees may apply. If a Messenger fails to perform a job or performs the job poorly, then you may be able to receive up to a full refund of your service fees; however, you are not entitled to additional compensation by DBike. DBike will work to help Customer to resolve any dispute with a Messenger who has missed a job assignment, lost or damaged your packages, or committed theft. To provide an efficient and safe marketplace, you will contact the Messenger directly if you have a dispute and notify DBike of the dispute. We encourage you agree to rate Messengers on the Platform according to your level of satisfaction with their services.

Obligations to reimburse costs must be fulfilled within 30 days. Deposit credits or liabilities are non-refundable after 3 months.

3.4 Chargebacks. If you have a dispute with a Messenger or Customer, you should contact that party directly and attempt to resolve the matter. If the matter cannot be resolved between the parties directly, then you agree to notify DBike and DBike will work with you to help resolve the dispute. You should not attempt to resolve the dispute by initiating a chargeback. Unwarranted chargebacks initiated by you may result in the suspension or termination of your DBike account. The DBike process is intended to ensure integrity of the feedback system and accuracy of any credit applied to a DBike account.

3.5 Taxes. DBike does not operate or provide transportation services, and DBike is not a freight broker. DBike does not act as an agent for any transportation service provider. DBike merely makes available a marketplace in which Customers and Messengers can meet and arrange for the purchase and sale of delivery services. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We cannot and do not offer tax advice to either Messengers or Customers.

3.6 Damages. As a Messenger, you are responsible for delivering a Customer's package(s) in the condition that it was given to you. If a Customer claims otherwise and provides evidence of damage, including but not limited to photographs, then you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim, you will remit payment. Failure to remit payment may result in removal from the DBike Platform and possible legal action.

3.7 Third Party Payment Systems. You agree that you will not use the PayPal service or other third party payment service in connection with the Platform for any activity that:

3.7.1 violates any law, statute, ordinance or regulation;

3.7.2 relates to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) ,certain weapons or knives regulated under applicable law;

3.7.3 relates to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services;

3.7.4 involves the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;

3.7.5 violates applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; or

3.7.6 involves gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

4. INTELLECTUAL PROPERTY.

4.1 Copyright and Trademark. The Platform design, software applications, data compilations, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions, ALL RIGHTS RESERVED. Unless otherwise indicated, all product and service marks and logos displayed on the Platform are subject to our trademark rights. "DBike," and "www.DBike.com" are trademarks of DBike protected by the Office for Harmonization in the Internal Market (OHIM) registers the Community Trade Mark in the European Union; you agree not to use such marks for any purpose, including but not limited to as metatags on other Platforms, in written materials or otherwise.

4.2 Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Platform in a frame (or any content from our Platform through in-line links) without our prior written consent, which may be requested by contacting us at support@DBike.com. You may, however, establish ordinary links to the homepage of our Platform without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.

5. TERMINATION. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to our Platform, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) block your access to any of such files or Services. Upon termination we will promptly pay you any applicable fees held in escrow and due to you, less our Service Fee.

6. MODIFICATION OF SERVICES. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Platform.

 

7. DISCLAIMER OF WARRANTIES.

7.1 Your use of the platform and interaction with customers and messengers is at your sole risk. DBike is a reputation-based system. Take advantage of other user's feedback, comments and third-party referrals on customers and messengers. Use common sense. Be aware and be safe. The platform is provided on an "as is" and "as available" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

7.2 We do not represent or warrant that (a) the platform will meet your requirements; (b) the platform will be uninterrupted, timely, secure, or error-free; (c) any information that you may obtain through the platform will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by you through the platform will meet your expectations; or that (e) any errors in any data or software will be corrected.

7.3 If you access or transmit any content through the use of the platform, you do so at your own discretion and your sole risk. you are solely responsible for any loss or damage arising out of such access use or transmission.

7.4 No data, information or advice obtained by you in oral or written form from us or through or from the platform will create any representation or warranty not expressly stated in these terms.

8. LIMITS ON LIABILITY.

8.1 DBike agrees to be liable for loss and damage to your consignment up to the level of Liability, on the terms of this clause 8.3  The Bike Messenger is liable for loss or damage to your Consignment however DBike agrees to provide an insurance to bear liability on the terms of this clause.

8.2 The Liability is the financial value which your consignment is protected up to in relation to loss or damage in transit.  The level of Liability determines the maximum value of a claim that you can make against DBike.

8.3 Each order automatically includes a Liability of €200 or the value of the consignment. 

8.4 In order for you to benefit from the Liability, as a Customer you need to claim and provide evidence of damage, including but not limited to photographs, sending the information to info@dbike.com.

8.5 DBike shall have no liability to you where you fail to comply with the provisions of clause 3.3, relating to the timely making of a claim and provision of information.

8.6 DBike´s liability is limited to 200€, subject to the exclusions listed in this section, in each case subject to the value of the Consignment.  The maximum amount of a claim that you can make against DBike is limited in value and will be up to 200€ or below when the actual value of the Consignment is lower than 200€. The cap on our liability also includes your freight costs and postage fees incurred by you and/or us in relation to any claim.

8.7 Nothing in this section seeks to limit DBike’s or the Bike Messenger’s liability to you for claims relating to death or personal injury caused by DBike's or the Courier’s negligence or for any other liability which cannot be excluded by law.

8.8 DBike’s liability under these terms of use is limited to the contracting party who placed the order and who has an Account with us. 

8.9 In any case, to the greatest extent that is permitted by law and save in the event of our or the Courier’s willful misconduct, DBike hereby limits its liability to the direct losses suffered by you (save as expressly stated otherwise in these terms of use).  Accordingly, we will not be liable for any claim for loss of profit, loss of use of an item, loss of revenue, repair valuations, administrative, inconvenience, delay, disappointment, or indirect or consequential loss or damage arising out of, or in relation to, the service you ordered.

8.10 DBike accepts no liability for loss or damage to Excluded Items. These include Prohibited Items, which you are not entitled to send using our Service and other items you are entitled to send but in respect of which we exclude all liability. Clause 2.2

8.11 DBike accepts no liability for delay in collection or delivery or loss/damage to an item if it has not been correctly packaged and/or labelled.

8.12 Any liability for loss or damage shall be limited to the repair costs of the item(s) damaged or, if they are lost or damaged beyond repair, the lowest of i) their replacement cost, taking account of depreciation for wear and tear and ii) the actual sale price of the item(s). In any event, compensation shall not exceed the Liability cap.

8.13 In addition to other compensation exclusions, DBike will not be liable to pay any compensation for loss of, or damage to a Consignment:

- Containing Excluded Items (including Prohibited Items) (where requirements have not been observed);

- Due to mechanical, electronic or electrical derangement of the Goods unless caused by external means;

- Or caused by:

9. INDEMNITY. You shall defend, indemnify and hold us (and each of our officers, directors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to (i) your use of the Platform; or (ii) allegations of facts or circumstances that, if true, could constitute your breach of any of these Terms. We will control any such defense and related settlement and you will reasonably assist us therewith at your expense.

10. JURISDICTION AND VENUE. These Terms shall be interpreted in accordance with the laws of the Bundesrepublik Deutschland, without regard to conflicts-of-law principles. Any lawsuit related to this Agreement shall be brought in any court located in Bundesrepublik Deutschland, and you hereby irrevocably agree and consent to the exclusive jurisdiction of the Bundesrepublik Deutschland. You and DBike each waives any right to have a jury participate in resolving any dispute, whether sounding in contract, tort or otherwise, between or among any of the parties arising out of, connected with, related to or incidental to this Agreement.

11. MISCELLANEOUS. These Terms contain the entire agreement between the parties with respect to the subject matter hereof and supersede any previous or contemporaneous oral or written agreements and understandings regarding such subject matter. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party. Headings of sections are for convenience only and shall not be used to limit or construe such sections. Sections of this Agreement, which by their nature would survive termination of these Terms, shall survive any termination or expiration of these Terms, including without limitation, Sections 2.8 (Release), 1.4 (Privacy), 2 (User Content & Conduct), 4 (Intellectual Property), 7 (Disclaimers), 8 (Limits on Liability), 9 (Indemnification), and 10 through 11.

Please contact us at support@DBike.com with any questions regarding these Terms.

Your continued use of this Platform and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms of Use.