Bring Group Ltd (“we”, “us”, “our”) provides these terms and conditions which apply to your use of the Bring app or website (the “Service”).
We are a matching service. We are not a delivery transport solution or a commercial service, rather we allow individuals who collect and transport (the “Bringer”) your goods (the “Package”) to be matched to senders (the “Sender”). We match Senders and Bringers on the move to utilise available transport capacity. All registered Users can act both as Senders and Bringers. The Service provides the ability to match these two parties.
You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
We reserve the right, to change, modify, add, or remove portions of the Terms and Conditions at any time. Please check these Terms and Conditions regularly for updates. Your continued use of the Service following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
By using or purchasing our Services you agree to be bound by these terms and conditions and they shall constitute the entire agreement between us (the “Agreement”).
We do everything in our power to ensure that our Service is fully operational and available to you at all times. However, in order to make sure it is up to date and offering you the best service, access may sometimes be interrupted or restricted to allow for maintenance or the introduction of new facilities and services.
RELIANCE ON USERS
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. We are not responsible for ensuring, the accuracy or truthfulness of Users’ purported identities or the validity of the information which they post on our Service.
THIRD PARTY LIABILITY
After matching, Users finalise transportation arrangements directly. We provide Usage Rules which contains recommended terms and conditions between the Sender and the Bringer.
Users enter into a direct agreement with each other so we are not a contractual party to such agreements. We merely supply the medium for Users to connect with each other and to facilitate payments for Services and other added-value services rendered between Users.
While we request information to identify registered Users, the Service is dependent on the Users providing correct information. Consequently, we do not take any responsibility for the actions or omissions of any Users connecting via the Service and neither do we assume any responsibility for the accuracy or reliability of User information or any other information on the Service.
The Bringer understands that items sent may be packaged or wrapped, but it is not a requirement that the item is packaged or wrapped. Any damage to the item due to lack of packaging or wrapping is not the responsibility of the Sender.
The Sender may in its absolute discretion refuse to provide the Services to you. The delivery of service is a sole responsibility of the Sender. In case of refusal by a particular sender, we will look for an alternative solution to get your Package delivered as fast as possible.
As a User of the Service you agree to receive communications from Bring. This communication is related to you being a user of the Bring Service, and might happen through email, phone, SMS, in app push messages or post. The content of this communication might be service messages, status messages related to tasks, matching messages and newsletters from Bring. You can at any time unsubscribe from the newsletters, and change the notifications settings. Some system critical messages cannot be turned off.
You shall for all purposes be treated as sole beneficial owner of the Package.
You agree that if any other person shall in respect of any Package make any claim against us or the Sender arising out of the Contract (whether arising out of any negligence, breach of duty or other wrongful act or omission by us, the Sender or otherwise) outside or beyond our liability to you, then you shall indemnify each of us and the Sender against such claim (and all costs incurred by us or the Sender in relation thereto). Neither we nor the Sender shall be under any liability to you in respect of any such claim.
REFUSAL AND SUSPENSION OF CARRIAGE
If it comes to the attention of either us or the Bringer that any Package does not meet any of the restrictions or conditions set out in these terms and conditions, we or the Bringer may refuse to transport the Package and, if carriage is in progress, we or the Bringer may suspend carriage and hold the Package to your order.
The Bringer warrants, represent and guarantee that:
- the Package has been properly described;
- the Package has been correctly labelled and the label or labels have been securely fixed by in a prominent position on the outer surface of the Package that can be clearly seen by the Bringer;
- the addressee’s full address is correct and accurate and securely fixed to a prominent position on an outer surface of the Package that can be clearly seen by the sender;
- the Package has been packed safely and carefully by you to protect against the ordinary risks of transport including any associated sorting process;
- the Package has been prepared for carriage in secure premises by you or reliable staff employed by you and the Package has been safeguarded against unauthorised interference during preparation, storage and transportation prior to collection by the Sender;
- the Package is not a Prohibited Item;
these terms and conditions constitute binding and enforceable obligations on you and the addressee.
The following usage rules shall apply for your use of the Service:
The Matching Fee is an integral part of our service. It must be paid regardless of whether the transaction is completed within the Bring system or not. Any attempt to circumvent said fee is a breach of this Agreement. Bring reserves the right to recover said fee and pursue damages from those parties that attempt to circumvent the service and notify the appropriate legal authorities.
The User shall provide only accurate, true and non-misleading statements in the User profile. It is the User’s responsibility to keep the information accurate and updated.
The User shall comply with all applicable legislation and respect all third party rights. In particular, the User shall not use the Service to transport any prohibited goods or use the Service to violate any applicable laws.
The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of the Agreement by contacting Bring.
The Sender is responsible for the accurate description of goods to be transported using the Service. Where the Sender inaccurately describes the description of the goods to be transported, there may be legal implications for the Sender misrepresenting the goods to be transported.
When transporting animals, i.e. pets or livestock, Bringer is responsible to adhere to all laws governing said transport, including having the proper licenses & permits. Notwithstanding said laws, the Bringer warrants that it will take every possible precaution to safeguard the wellbeing of animals during transport and that it has the expertise and ability to carry out such a delivery.
The Users are solely responsible for customs, legal and/or financial issues related to the transport of goods, including but not limited to issues arising out of cross border transports.
If the User is aware of any unauthorised use of their authentication credentials and/or violations of their confidentiality, the User undertakes to promptly communicate it to Bring.
When posting a request for Delivery, Sender warrants that said request is real and valid. Should circumstances change, Sender is responsible for removing said request (Delete the request).
You must access and use our Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Bring , our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorised by us. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorised access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorised or automated means; (f) collect the information of or about our users in any impermissible or unauthorised manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.
The prices consist of many components:
- the price for the transport service which is solely subject to agreement between the Bringer and Sender;
- the price for the Service provided by Bring and, price of other premium services that Bring may add from time to time.
- The price for the service offered by the Bringer is agreed by the Sender and shall be as set out in the agreement between the Users. The Sender will confirm any changes to the price if such a price is changed from the original price.
- The Matching Fee includes VAT (when applicable), and is based on the price of transport cost as agreed between the Users. It may change from time to time, depending on the delivery type, distance, speed or for any other reason, at the sole discretion of Bring. Such fees will always be communicated by Bring.
Senders may pay the agreed price for the transport service by using a credit card or via any other method authorised by Bring.
Senders shall pay the Matching Fee directly to Bring by using a credit card immediately following the completed transport, and the Sender hereby consents to Bring charging the Matching Fee from the credit card provided upon registration. Bring reserves the right to charge its Matching Fee and the Bringer payment upon successfully matching Sender and Bringer, or hold said amount on the Sender Credit Card prior to completed delivery.
Where a Sender fails to pay the Matching Fee due, interest shall accrue at the rate specified in the appropriate laws and regulations from the date that payment is due. After a period of 10 days, an administration charge shall be added to the amount due to Bring and Bring reserves the right to collect payment through court proceedings. If a Sender wishes to use the Service where any fees are outstanding from earlier transactions, those fees must be cleared in full by the Sender before he may use the Service again.
Payment processing services for Senders and Bringers on Bring are provided by third party payment processor‚ and will be subject to the terms and conditions of the payment partners. By agreeing to these terms or continuing to operate as a Sender or Bringer on Bring, you agree to be bound by the Payment partner’s Service Agreement, as the same may be modified by them from time to time. As a condition of Bring enabling payment processing services through third party payment processors, you agree to provide Bring accurate and complete information about you and your business (if relevant), and you authorise Bring to share it and transaction information related to your use of the payment processing services provided by the payment processor.
As part of the service, Bring may process payment from Sender to Bringer. Bring is only able to transfer the Bringer payment if it has successfully collected it from Sender. Failure to collect said fee, for any reason whatsoever, will result in Bringer not receiving the Fee. Upon a successful collection of the Bringer Payment, Bring will make reasonable efforts to transfer the payment within a reasonable timeframe. Subject to receipt of payment from the Sender, and no other issues arising, Bring aims to make payment to the Bringer within 5 working days.
Sender reserves the right to recover any payment/s in case a dispute should arise between the Sender and Bringer and/or if there is a claim for damage or theft by Bringer
Upon a successful claim, Bring, at its sole discretion and up to the amount specified in the Send process, can elect to:
- Reimburse Sender for fair value of the item.
- Reimburse Sender for the replacement cost.
- Reimburse Sender for the repair of the item.
Furthermore, Bringer agrees to return any payment received for the delivery if Bring, at its sole discretion, concludes that Bringer was negligent in the handling of the delivery. Bring reserves the right to deduct payment from the Bringer account at any time. If the Bringer is acting in a commercial capacity, i.e. it is a Delivery company, Bring reserves the right to recover the cost of the damage
To qualify, the Sender must declare the value of all items in the Sending process and comply with Bring’s other requirements when initiating the Service, including taking a picture of all items included in a Service. The Sender must complete a claim form and provide to us both any packaging used by the Sender for the damaged item, proof of value of the damaged item, and where applicable, a satisfactory police report.
Packages lost or damaged will be covered up to the maximum value of NZD$200. If Sender has insurance coverage for the Package, Bringer will be liable to the extent of NZD$200 for any damage caused solely by the Bringer.
We refund all credit card charges that are related to potential technical errors in the Bring system. Users requesting refunds should email us at email@example.com, stating the problems and the relevant task identity.
Refunds are issued at our sole discretion, within a 30-day period after date of order. In your claim, please, include an explanation of reasons for a refund, and your order information. All enquiries are free of charge.
LIMITATION OF LIABILITY
Neither Bring nor its directors, agents and employees, shall be liable to you in contract, tort, including negligence, or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Services;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to any electronic device using the Service.
Where you are subject to a jurisdiction that does not allow the disclaimer of warranties or exclusion of damages, such disclaimers and exclusions may not apply to you.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you transport using the Service.
Where the preceding exclusion fails to apply, if Bring is found liable, our liability to you or to any third party is limited to the greater of (a) the aggregate amount of Matching Fees incurred during the 6 months prior to the action giving rise to the liability.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
BREACH OF THESE TERMS AND CONDITIONS
We have the right, but not the obligation, to monitor any activity and content associated with the Services. We may investigate any reported violation of these terms and conditions and take any action that we deem appropriate. This may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access to and use of the Services.
This Agreement shall be governed by and construed in accordance with the laws of New Zealand without regard to choice or conflicts of law principles.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in New Zealand and governed by New Zealander law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in New Zealand and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
If you have any other enquiry, please contact us at firstname.lastname@example.org.