I. Introduction
Presentation
DeliWell is an online platform designed for Carriers and Beneficiaries through which they can collaborate both for their own interests and on behalf of third parties who can act as clients/beneficiaries, agents, or representatives.
Platform’s Purpose
Through the platform, DeliWell provides Users with a platform for trading, systematizing, contracting, and automating transportation operations. The platform’s purpose is to digitize and facilitate the transactions of users’ transportation activities by enabling direct communication between Carriers and Beneficiaries of transportation services, automating certain stages of the contracting process, and providing a virtual space for storing and accessing specific documentation related to transportation operations.
Exclusions
For the avoidance of doubt, in relationships between Users, Deliwell does not act as a reseller, commission agent, or intermediary of products/services promoted by Suppliers on the platform. By using the platform, no legal representation relationship is established between Deliwell and/or Carrier or Beneficiary regarding the services contracted by them through the platform.
II. Effect of Acceptance of Conditions
Before using the Deliwell platform, please read these provisions in their entirety and carefully. If you do not agree with the terms and conditions, including any updates to them, please immediately cease the use of the Deliwell online platform. Using the Deliwell online platform in any manner, confirming orders communicated through the platform, making counter-offers, requesting offers (even a single request), constitutes explicit and unequivocal acceptance of these Terms and Conditions (including any updates) and any other conditions displayed on the platform, in any format, including the “Terms and Conditions of Transport,” even in cases where the user is alleged to have failed to review the applicable terms and conditions. To initiate or continue usage, we may request you to update your agreement with this set of Terms and Conditions and subsequent documents through a specific action, signifying unequivocal consent (e.g. checking a specific box). Ignoring or refusing such a request entitles the platform to interrupt access to the services it offers.
III. Definitions
User – The term “User” includes both the Carrier and the Beneficiary of transport services. When used, the term will denote both categories. When referring specifically to one of the categories (Carrier or Beneficiary), the text will explicitly use that respective category.
Carrier – any User offering transport services in their own name or as a freight forwarder/intermediary.
Beneficiary – any User using the platform to identify and conclude transport contracts through it, within which they hold the status of beneficiary and/or payer of transport services.
Request for Quote – the request sent by the Beneficiary through the platform to one or more carriers or freight forwarders, including the minimum necessary and obligatory details for formulating an offer.
Offer – the response to a request for a quote that fully complies with the conditions in the request for a quote. These offers are binding and obligatory for the offeror under the conditions specified in their content.
Counter-Offer – the response to a request for a quote that modifies one or more conditions from the request for a quote. These offers are binding and obligatory for the offeror under the conditions specified in their content.
IV. General Conditions
4.1. User Account Registration
4.1.1. Access to the services provided by the platform can be achieved by creating a User account following the User account creation steps communicated by Deliwell.
4.1.2. Registered Users have the obligation to provide and/or confirm all identification data requested in the registration form available on the platform.
4.1.3. The information provided for the creation of the User account must be real, complete, and accurate. Deliwell reserves the right to verify the User’s public data through public databases (e.g., accuracy of the tax code registered on the Ministry of Finance’s website).
4.1.4. In case the information provided during the creation of the User account is subsequently modified, the User is obligated to promptly update the respective information contained in the User account.
4.1.5. Each User can create only one User account on the Deliwell platform. Simultaneous registration of multiple User accounts is prohibited. The User account is not transferable.
4.2. Deliwell reserves the right to delete User accounts that have been inactive for a period of 6 months.
4.3. Deliwell reserves the right to delete User accounts whose email address has not been confirmed within 30 days of account creation. Confirmation of ownership of the email address used for account creation can be done by accessing the special links provided in the emails notifying the account creation and requesting confirmation.
4.4. Without a valid and confirmed email address, the account cannot function.
4.5. By creating the account, the User declares and guarantees, explicitly, that:
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- a) They use the platform for specific purposes related to their authorized commercial activity.
- b) All provided information is complete, true, and accurate.
- c) They understand and agree that, in addition to the provisions in the Terms and Conditions, certain Services may be governed by specific rules. Any such rules may be published separately and unilaterally modified by Deliwell.
- d) They understand that they are solely responsible for the security of the User account and account password and will not allow others to access the User account. Any breach or suspicion of account security breach must be immediately reported to Deliwell. The Company shall not be held liable for any damage caused due to violations of account security related to conduct, the User, or any person authorized by the User to access and use the User account, including, but not limited to, cases where the computer systems used are infected with viruses or other malware programs, or the device on which the User is logged in is accessed by any other person, or the security of the email account associated with the User account is compromised in any way.
4.6. Users are not entitled to use automated means, including scripts, robot-type applications, bots, spiders, crawlers, and/or any computer applications/programs that can deceive or simulate certain activities or statuses on the platform (such as geolocation data) or in any way exploit certain features or vulnerabilities of the platform to gain advantages, for themselves or other Users, in terms of using the Services offered through the Deliwell platform.
4.7. Deliwell reserves the right to restrict or exclude Users’ access to the Platform, as well as to delete or restrict the User account. In case Deliwell believes that the User’s activity may have implications that could result in the requirement, under the conditions of the law, to provide specific information and data regarding the User’s activity on the platform, Deliwell reserves the right to retain such information after deleting the account and/or prohibiting access.
V. Request and Offer
Through the platform, using specific predefined form features, Users can submit requests for offers directed towards chosen recipients who provide services similar to those requested. The form contains mandatory elements, marked as such, the absence of which will make sending the request impossible.
Functioning of the Request-Offer Mechanism
Carriers receiving a request for an offer can respond via the platform, using specific predefined form features. The Carrier’s unmodified acceptance of a User’s request for an offer will be considered contractual consent and will become binding for both parties involved.
The Beneficiary’s unmodified acceptance of an offer or counter-offer received from the Carrier will be considered contractual consent and will become binding for both parties.
Following the consent, as described above, the application will automatically transmit the Beneficiary’s information to the Carrier on behalf of the Beneficiary. After receiving the firm order, the cancellation of the offer and order is only possible with the agreement of the parties, any contrary situation constituting a breach of contractual obligations.
VI. Statements and Guarantees
6.1. Users declare and guarantee that they meet all legal and statutory conditions for activities conducted directly or indirectly through the platform, including, but not limited to: having the status of authorized professionals and possessing all licenses, permits, and any other similar documents for the distribution, storage, handling, transportation of products, and provision of specific transport services.
6.2. Users declare that they have full capacity and authority to provide the mandatory information for accessing the functions of the DeliWell platform for formulating requests for offers and/or accepting offers and contracting transport services according to the platform’s terms and conditions.
VII. Termination at User’s Initiative
7.1. Users have the right to terminate the agreement with Deliwell (established based on this set of Terms and Conditions) at any time. Termination can be done by requesting Deliwell to delete the User’s account [with a notice period of 15 days]. In the event that the User terminates or deletes their account, they will not have the right to request a refund from Deliwell for any amounts paid for paid Services.
7.2. The rules regarding termination/unilateral termination of the contract with the Company are supplemented, when applicable, by the provisions of the Terms and Conditions of Transport between the Company and Suppliers.
VIII. Modification and Termination at Deliwell’s Initiative
8.1. Suspension and Termination due to Non-Attributable Causes of the User
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- a) The Company may periodically modify and improve the platform and/or the functions provided through it. The Company may add or remove features or functions of the Platform. Additionally, the Company may suspend or completely interrupt the operation of the Site and/or the provision of any Service.
- b) The Transporter will be notified in advance through the platform regarding such suspension or permanent interruption. In case the operation of the Site is permanently interrupted, the agreement between the Company and the Transporter, which is subject to this set of Terms and Conditions, as well as any other special terms and conditions, will be considered terminated.
8.2. Termination due to Causes Attributable to the User
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- a) The Company has the right to terminate the agreement with the User established based on this set of Terms and Conditions (or any other additional applicable sets of terms and conditions), without any additional formality, in case the User fails to comply with the terms and conditions of these Terms and Conditions and/or any other additional applicable sets of terms and conditions. In these cases, Deliwell may limit or exclude Users’ access to the platform and/or its functions, or may temporarily or permanently deactivate and/or delete the User’s account, including its content.
- b) Deliwell reserves the right to temporarily or permanently deactivate and/or delete the User’s account without notification, especially but not limited to the following cases:
The User does not comply with the provisions of this set of Terms and Conditions, including other applicable terms and conditions of the Services;
The registered User does not apply technical security measures to the User’s account;
The User spreads viruses, malware programs, and/or other harmful computer programs to IT systems;
The User uses the platform to copy its content or information regarding the Services offered through it;
The User is involved in software automatic analysis and/or reading, directories, data, or content related to the platform and/or the Services offered through it and/or, in any way, violates their obligations;
The User creates, distributes, publishes, or integrates external applications or other irrelevant content into the platform and/or the Services offered through it;
In any other situation where the User engages in illegal, fraudulent, or manipulative activity in the context of using the Platform and/or any Service.
IX. SURVIVAL OF CONTRACTUAL RELATIONSHIPS
Modification and/or termination of the relationships between the platform and Users, regardless of the method or cause, will not in any way affect the contractual relationships initiated by and/or between users. All contractual and legal obligations and rights, regardless of the manner, measure, or quantity in which the parties have used the platform, will remain valid under the agreed conditions and terms.
X. Force Majeure
10.1. In cases of force majeure, Deliwell shall be released from any obligation.
10.2. Events unforeseen and events for which neither party is responsible for their effects on contract execution shall be considered force majeure events. Such events shall include, in particular, legal actions in situations of strikes, as well as events occurring within third-party companies, official measures taken by authorities, disruptions concerning communication networks and portals of other providers, disturbances relating to network operators and other malfunctions, also in the event that such events occur at the subcontractor level, sub-suppliers, and their subcontractors.
XI. Limitation of Liability
11.1. Deliwell strives to provide access to its platform and services to as many Users as possible. However, considering the technical diversity of hardware devices, operating systems, and other technical specifications, Deliwell does not guarantee compatibility and proper functioning with all devices and operating systems used by Users.
11.2. Liability for the proper functioning of the platform as well as for the availability of any of its functions is excluded. In particular, Deliwell excludes any warranty that: a) the Platform will function without interruptions; b) defects will be remedied, that the platform or the server providing it are free from viruses and other harmful components; c) the use or results of using the platform, or the data and information provided as part of the services offered are accurate, exact, real-time, or secure in any other way.
11.3. Deliwell reserves the right to deny Users access to the platform at any time.
11.4. Deliwell reserves the right to refuse or remove images, texts, or any other content posted on the site or transmitted through it or through remote communication means.
11.5. Deliwell cannot be held responsible for any kind of malfunctions or difficulties in using the platform or any service caused by the operation of IT devices used by Users, power outages, communication network malfunctions, and other technical issues related to equipment/services offered by third parties directly to Users.
11.6. Except for intentional conduct or gross negligence, Deliwell’s liability shall be quantitatively limited to foreseeable typical damages at the time of concluding the contract, in any situation, without exceeding the value of fees paid for the relevant services for the corresponding contractual period.
11.7. Deliwell shall not be liable for any loss or damage incurred by Users as a result of relationships with other users, initiated or conducted through the platform, or resulting from or related to transportation activities.
11.8. Deliwell shall not be liable and does not have the capacity and/or obligation to control or influence users in fulfilling obligations related to operations initiated, contracted, or conducted through the platform.
XII. Intellectual Property Rights
12.1. Rights regarding the Deliwell platform:
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- a) The content, design, structure, software platform, and any other materials used within the platform (“Deliwell Platform Materials”) are protected by Law 8/1996 on copyright and related rights. Except for any materials that are the subject of content posted by a User, Deliwell holds the rights to the patrimonial copyrights, related rights, or, as the case may be, rights of use concerning the Deliwell Platform Materials.
- b) Deliwell grants the User a personal, global, free, non-transferable, and non-exclusive license to use the platform. This license is solely intended to allow the User to access the platform and/or its functions, as provided by Deliwell, in accordance with the provisions of these Terms and Conditions. c) The User is not entitled to copy, modify, distribute, sell, or rent any part of the Website. The User does not have the right to reverse engineer or attempt to extract the source code of the Website.
- d) Users are prohibited from making any copies of the platform, including graphic copies like screenshots, for personal use or for public dissemination through any means. The content of the platform, graphics, information organization, functionalities, and the way Users interact with them are considered intellectual property rights and are protected as such by applicable laws.
- e) Any trademarks, signs, logos (collectively referred to as “Marks”) displayed on the platform and/or in connection with the services offered by it and/or the products and/or services of Users who post content are registered and/or unregistered Marks owned by Deliwell or the respective Users. No content or section of the platform and/or any reference to its functions can be interpreted as granting a license or other rights to Users to use any Mark or derivative thereof.
12.2. User-Posted Content on the Platform
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- a) If you choose to upload any content (e.g., images, logos, etc.) to the platform, ensure that you have the necessary rights and that the content complies with applicable legal provisions and rules regarding posted content on the platform.
- b) Your content belongs to you, meaning you retain all intellectual property rights over it. However, by posting materials protected by intellectual property rights, Users grant Deliwell a license to use such content.
- c) The license granted by Users is global (i.e., valid worldwide), non-exclusive (i.e., Deliwell can grant others the right to use the content), and royalty-free (i.e., does not involve costs from Deliwell or any other payments to Users).
- d) The license granted to Deliwell allows it to:
(i) Host, reproduce, distribute, publish, communicate, and use the content provided by Users (e.g., save it in the company’s IT systems, index the respective information) for the purpose of using the platform;
(ii) Modify the content, for example, by reformatting or moderating it;
(iii) Sub-license these rights to Deliwell’s contractors for the purposes below;
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- e) The granted license serves the following purposes:
(i) Operation and improvement of services, ensuring the services function as intended and creating new features;
(ii) Use of publicly posted content for the use of platform functions;
(iii) Development of new technologies, services, and functions.
XIII. Applicable Law and Jurisdiction
This set of Terms and Conditions will be governed by and interpreted in accordance with the laws of Romania, and any disputes or litigation between the Company and Users regarding these will be settled by the competent judicial authorities in Timișoara.
XIV. Final Provisions
14.1. DELIWELL RESERVES THE RIGHT TO PERIODICALLY UPDATE THIS SET OF TERMS AND CONDITIONS (E.G. TO ALIGN WITH CHANGES IN LEGISLATION OR SERVICES PROVIDED BY THE COMPANY). USERS WILL BE NOTIFIED REGARDING THE IMPLEMENTATION OF SUCH UPDATES / MODIFICATIONS IN TERMS AND CONDITIONS AND WILL BE REQUESTED TO AGREE TO THE UPDATED TERMS AND CONDITIONS. FAILURE TO ACCEPT UPDATED TERMS AND CONDITIONS WILL RESULT IN THE TERMINATION OF THE CONTRACT WITH DELIWELL, AND USERS WILL NO LONGER BE ABLE TO USE THE WEBSITE AND/OR COMPANY SERVICES.
14.2. Users cannot assign the rights and obligations from this set of Terms and Conditions (or any part thereof) without Deliwell’s written consent. Deliwell may assign the rights and obligations from this set of Terms and Conditions.
14.3. In case any term or provision of this set of Terms and Conditions, or of any document included or referred to in this set of Terms and Conditions, is deemed by a competent court to be contrary to law, such term shall be removed from this set of Terms and Conditions, and the remaining provisions of this set of Terms and Conditions shall not be affected. Additionally, to the extent permitted by law, the application of such provision to persons or circumstances other than those to which it is invalid or inapplicable shall not be affected by its nullity. Each provision of this set of Terms and Conditions shall be valid and applicable to the extent permitted by law.
14.4. In case of discrepancies between this set of Terms and Conditions and specific terms and conditions, the specific terms and conditions shall prevail.
14.5. This set of Terms and Conditions governs the relationship between Deliwell and the User. Unless expressly provided otherwise, it does not create any rights for third parties. No provision of this set of Terms and Conditions shall be construed as establishing a partnership, joint venture, principal-agent, or employer-employee relationship between the User and the Company. Neither party shall have any right, power, or authority, express or implied, to bind the other.
14.6. In addition to this set of Terms and Conditions, we publish a Personal Data Processing Policy. Although it is not part of this set of Terms and Conditions, we recommend that you read it to understand how we may process your personal data, what your rights are, and how you can exercise them.
Web User Data Processing Policy
Who are we?
In accordance with Article 13 of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data, we, Nextwell Intl S.R.L., with registered office at 18 Alexandru Golescu Street, Apt: 2, Room 2, Timișoara, Timiș County, registered in the Trade Register under no. J35/1443/2014, VAT ID RO 33264130, represented by Mr. Anton Nagy, email anton.nagy@nextwell.ro, GDPR representative, hereby inform you that your personal data is processed by our company as described below.
What is personal data?
According to GDPR, “personal data” means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
Purpose of this document
This document aims to inform users of this web page about the personal data that may be subject to processing by our Company, the purposes and legal bases of such processing, as well as the rights held by data subjects.
This Privacy Policy is effective from the moment it is displayed on the website and takes effect from the first moment you access it. As we reserve the right to modify it at any time based on our needs, your protection, or any other legal obligations, please note that it remains in effect until we replace it with another version.
What information do we collect?
For the purpose of our activities, we collect and process the following personal data:
☒ User account information
☒ Interests and preferences
☒ Cookie information
☐ Transaction history
☐ Purchase history
☒ User’s first name/last name
☒ IP address
☒ Geographical location
☒ User’s email address
☒ Website visitor information
☒ Interests and preferences
☒ Cookie information
☒ Browsing history
☒ Purchase history
☒ IP address
☒ Geographical location
☒ Social media identification data
☒ Facebook user ID
☒ Instagram user ID
☒ LinkedIn user ID
☒ TikTok user ID
☒ Company-related information
☒ Company name
☒ Position/role
☒ Company address
☒ Newsletter preferences
☒ User’s first name/last name
☒ User’s email address
Purpose of processing
☒ Service provision: Personal data is processed to provide the services that are the subject of our collaboration.
☒ Service development and research: Personal data is processed to improve the services and products offered by our organization, aiming to increase overall customer satisfaction in interactions with us.
☒ Customer support: Personal data is processed to assist and resolve issues reported by you. We use data to investigate, respond to, and resolve reported problems.
☒ Newsletter: Personal data is processed, following your consent, to send messages containing updates in the field of our organization’s activities to your email address.
Legal Basis:
☒ Consent
☒ Conclusion or execution of a contract
☒ Legal obligation
How and to Whom We Distribute Your Information:
We will never disclose, sell, or rent your personal information to any third party without notifying you and, if necessary, obtaining your consent. However, for our internal use, we may share your personal data, where strictly necessary based on the need-to-know principle, with the following categories of third parties:
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- Product Suppliers or Service Providers: We may share your personal information with service providers and/or product suppliers with whom our Company has contracts in place, and who are obligated to perform these contracts with us, regardless of their nature. These third parties might provide marketing or promotional services to keep you informed about the company’s developments and services.
- Data Pooling: Where permitted by applicable law, we may share certain data about you either in aggregated form or as de-identified data that may be used for the identification of individuals.
- Advertising: We may collaborate with advertising partners to display relevant advertisements to you. These advertising partners may set and access their own cookies, pixel tags, and similar technologies within our services, allowing them to process or access your information. Some of our advertising partners are members of the Network Advertising Initiative or the Digital Advertising Alliance. To learn more about these programs or opt out of personalized ads, please visit the Digital Advertising Alliance’s self-regulatory program for online behavioral advertising at www.aboutads.info or the Network Advertising Initiative at www.networkadvertising.org.
- Third Parties: We may share your personal data with other business partners who can provide further relevant information about the data subjects.
- Reorganization: Your personal data processed by us may be subject to transfer in the event of any reorganization of our entity (merger, division, insolvency, bankruptcy, acquisition, etc.).
- Under Legal Grounds: Pursuant to legal provisions, we communicate your personal data to authorities and public institutions, accountants, auditors, lawyers, and other external consultants. We may also share your information, if needed, for the purpose of (i) complying with any applicable laws, regulations, procedures, or governmental requests, (ii) enforcing any obligation owed to our Company and unfulfilled, (iii) responding to your requests, (iv) protecting our rights and properties or those of our customers.
- Consent: We may share your information with your consent.
Any third parties to whom we disclose your personal information in accordance with the above are limited (by law and by contract) in their capacity to use your personal information solely for the specific purposes identified by us.
How We Store Your Data
Our company stores the personal data disclosed by you in electronic format.
Cross-Border Data Transfer
For the processing of your data, our company does not transfer personal data to third countries as defined by Regulation No. 679/2016. It is possible that the operations of the Company may extend beyond the borders of the country to EEA countries or international organizations when the Company’s operations and technological, processing, and communication needs cannot be limited to local resources. In this context, personal data may be transferred abroad, in compliance with the applicable legal regulations.
Storage Period
We retain most of your personal data for the duration of our relationships, regardless of their nature, and based on your preferences expressed within the platform, as well as for a period of 5 years from the last interaction. We retain your personal data even after the standard retention period if reasonably necessary for fulfilling our legal obligations (including authorities’ requests), complying with legal requirements, resolving disputes, maintaining security, preventing fraud, and abuse.
Your Rights
Applicable legal regulations provide for 9 specific rights regarding the processing of personal data, which can be exercised as long as they do not infringe upon the rights and freedoms of others. These rights are outlined in Regulation No. 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (Articles 12-22):
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- The right of access to data;
- The right to rectification of data;
- The right to erasure of data;
- The right to restriction of processing;
- The right to data portability;
- The right to object to data processing;
- The right not to be subject to automated decisions, including profiling;
- The right to notification of rectification, erasure, or restriction of personal data to recipients;
- The right to file a complaint with the supervisory authority;
Other important information
We monitor and strive to prevent security breaches. We implement specially designed security mechanisms to protect your data. We regularly monitor our systems to detect possible vulnerabilities and attacks. However, we cannot guarantee the security of any information you send us. There is no assurance that this data cannot be accessed, disclosed, altered, or destroyed through a breach or within any of our physical, technical, or administrative security systems. We are committed to protecting the provided personal data against loss, misuse, disclosure, alteration, unavailability, unauthorized access, and destruction. The company takes all reasonable precautions to safeguard the confidentiality of this data, including the use of appropriate organizational and technical measures. For the processing of your data, our company does not use automated processing as defined in Article 22 of Regulation No. 679/2016. For the processing of your data, our company does not use profiling as defined in Article 22 of Regulation No. 679/2016.
Security
We are committed to protecting the provided personal data against loss, misuse, disclosure, alteration, unavailability, unauthorized access, and destruction. Our company takes all reasonable precautions to safeguard the confidentiality of this data, including the use of appropriate organizational and technical measures.
Data Protection Officer & Contact Information
If you have questions or complaints regarding this policy, please contact the Data Protection Officer first. If your complaint is not resolved through this contact, you have several alternative contact options within the first chapter.
Contact details of the Data Protection Officer are as follows:
GDPR Officer: Anton Nagy
Email: support@deliwell.eu