ToBring User Agreement - 18/04/2006

1.1 General

ToBring offers a service with which objects can be transported (delivering or having delivered) around the globe. By using the ToBring website, the visitor and/or user states that he/she takes cognizance of and that he/she unconditionally agrees to the terms as they are described in this user agreement. Members who offer objects are called ‘Applicants’. Members who transport those objects are called ‘Suppliers’. A ToBring member can be both ‘Applicant’ and ‘Supplier’. In the text that follows, the terms ‘Applicants’ and ‘Suppliers’ will be used. Objects which need to be transported are called ‘Shipments’. Objects which are delivered, are called ‘Deliveries’. This website is solely a meeting place for applicants and suppliers. ToBring is never actually involved in the eventual acceptance and execution of the delivery. ToBring cannot be held responsible for the agreements which are concluded between ‘Applicants’ and ‘Suppliers’, or for any possible problems, damage, non-feasance which stem from these agreements. ToBring is a service offered by MvkSoft, P.O. Box 3, 9111 Belsele, Belgium.

1.2. Rules

Each member and each visitor need to abide by the rules as they are described in this user agreement. Non-fulfilment of these rules can result in the exclusion by ToBring of this member from any further use of the ToBring service.

1.3. Notification

This user agreement can be altered at all times. The date of the latest alteration can be found at the top of this user agreement. Alterations to this agreement are announced in the ‘News’ section on the home page of the website. The user agreement can be consulted at all times by clicking the ‘User Agreement’ link which can be found at the bottom of each page. When a new member signs up with ToBring, he/she needs to agree to this user agreement.

1.4. Netiquette

It is strictly prohibited on the website to: (a) render the website useless, (b) spam the website, (c) overload the website, (d) hack the website. The ToBring website may not be used to send junk e-mail. Moreover, it is prohibited at all times to exchange e-mail addresses. ToBring offers a message system which allows the ToBring members to communicate with users with whom they are in contact at a certain moment. This system is amply sufficient to make the necessary arrangements. This website may not be used by scripts or other automated entities. Damage which stems from the misuse of the ToBring service can be recovered from the visitor and/or user.

A person can only log in to the ToBring service if he/she can legally conclude an agreement with ToBring itself and with the other ToBring members. Only adults (persons who have attained their majority) can sign up and log in to the ToBring service. Only members who have signed up to the ToBring website can use the ToBring service and can add shipments and/or accept deliveries. It is strictly prohibited to make arrangements (concerning shipments, payments, delivery rewards, etc.) without the involvement of the services of ToBring. The password which a member uses to log in to the ToBring website is unique and belongs to 1 member only. It may never be passed on to third parties. Upon registration, ToBring will generate a password. This password can be freely changed afterwards. Choosing a new password, ToBring members need to be aware of the fact that the passwords are secure. Members’ passwords are encrypted and stored in the database. Consequently, ToBring has no knowledge whatsoever about the passwords which users have entered. Upon every connection to the ToBring website, the IP address is stored. Every misuse of the ToBring service will be investigated and, if necessary, the IP address will be passed on to the proper authorities. Signing up to the ToBring service is free of charge.

It is strictly prohibited to offer objects for delivery when these objects are illicit objects in the country of the pick-up address and/or the country of the delivery address(es) or when the objects are in defiance of the import and/or export regulations which are in effect in those countries. Objects connected to any criminal activity whatsoever are strictly prohibited: illegal drugs, weapons, child pornography, radioactive material, explosives, fake or stolen goods, protected animal species, goods which are in defiance of the law and other regulations, dead animals, people or body parts, medicines, … are prohibited at the ToBring service. This list is not exhaustive. The ToBring team goes to great lengths to screen the various shipments for ‘illegality’. Shipments/deliveries which are deemed illegal or inappropriate will immediately be removed and the members involved will lose their right to further access the ToBring service. If necessary, the proper authorities will be notified. Illegal shipments and/or deliveries need to be reported to abuse@tobring.com. AT TOBRING, SHIPMENTS WHICH ARE PACKED IN BOXES, BAGS, … WHICH MAKE THE SUPPLIER UNABLE TO DETERMINE THE EXACT CONTENTS AND COMPOSITION OF THE SHIPMENT, ARE ILLICIT SHIPMENTS.

In case a user gives false information on the ToBring website concerning his home address or his description of the object, delivery term, feedback, …, ToBring can, with or without any prior warning, cancel the membership of that user. Deception of other users is strictly prohibited. The e-mail address provided during sign-up needs to belong to the person who signs up and will be used for any further communication such as news updates, disputes, reminders. Providing a wrong/invalid e-mail address will result in the cancellation of the membership. Any violation of these regulations needs to be reported to abuse@tobring.com.

ToBring only stores the information which was provided by the members. The member who provided this information is responsible for these provided data. Each member indemnifies ToBring and guaranties ToBring against any claim from a third party as a result of the provided data.

6.1 Delivery reward

The applicant owes the supplier a delivery reward of minimum 1 EUR. Upon delivery, the applicant needs to pay this amount to the supplier. There can be no discussion about this delivery reward. In case the applicant does not pay the delivery reward to the supplier, the applicant’s membership will be canceled with or without prior warning.

6.2 Price of the object

In case the object still needs to be paid, this amount needs to be advanced by the supplier. The applicant is obligated to reimburse this amount to the supplier upon delivery. This and other payment arrangements, made between the applicant and the supplier, are within the scope of the responsibility of both parties. Misuse and non-payment cannot be recovered from ToBring.

ToBring offers a feedback system which enables members to give each other shipment and/or delivery ratings. In case a member receives 60 % or more negative feedback in a period of one month, ToBring has the right to cancel the membership of this member. Each misuse of this feedback system is in violation of this user agreement.

All media on the ToBring website such as texts, scripts, photographs, icons, logos are protected by copyright and may under no circumstances be used or distributed without the prior explicit written consent of ToBring. It is prohibited to alter, copy, damage the material of the ToBring service or any parts thereof or to gain profit from the reputation and the intellectual property of ToBring.

ToBring goes to great lengths to offer its visitor and/or members a continuous service. However, this continuity cannot be guaranteed. ToBring depends on factors which can cause the service to no longer be online: power outage, Internet uptime, deficiencies, hacking, hardware malfunctions, maintenance. ToBring cannot guarantee that the information provided on the ToBring website is up to date, faultless and/or virus-proof.

This user agreement is applicable under Belgian Law.