SERVICE USER AGREEMENT
WEST PARCEL
It came into force for all users on November 1, 2022.
PART 1: GENERAL PROVISIONS
West Parcel is a project of Western Bid (hereinafter referred to as "West Parcel", "WP", "Company", "we", "us" and "our") provides the services that constitute the subject matter of this Agreement on the terms and conditions set forth in this Agreement and within the specified timeframe, in accordance with applicable law. You, or the User (hereinafter referred to as "user", "Users", "you" and "your") is a natural or legal person who becomes a user of West Parcel services.
This Agreement is a legally binding agreement between you and the Company, and governs the provision of the Company's services and related products and services available through the Company. Your use of any of the Company's services, products, or features, including the features of www.westparcel.cz and westparcel.systems (the "Website"), constitutes your unconditional acceptance of this Agreement (the "Agreement", "Offer", "Service User Agreement", "Agreement"). You agree that this Agreement is equivalent to the written form of the contract between the User and the Company. If you do not agree with the terms of this Agreement in whole or in part, please immediately stop using the Company's services and use the Website.
The Company reserves the right to change or revise this User Agreement at its sole discretion and at any time. Each change and/or update shall take effect from the moment they are posted on the Company's website. Use of the Website after the changes and updates are made means that the User agrees to such changes and updates. By accepting this Agreement, you also agree that the use of the websites and services of the Company's partners is governed by the terms and conditions posted on their websites, within the terms and at the cost specified by them.
The User undertakes to read, accept and agree to all the terms and conditions of this Agreement, as well as all other rules and documents posted on the website or via the link before using the Company's services.
All logos, products and services described on this site are registered trademarks of the Company or its licensors or partners and may not be copied, imitated or used in whole or in part without prior written permission. In addition, all page headers, custom graphics, button icons, and service scripts are trademarks or trade dress of the Company and may not be copied, imitated, or used in whole or in part without prior written permission.
PART 2. SUBJECT MATTER OF THIS AGREEMENT
The subject matter of this Agreement is the intermediary and organizational services for the storage and delivery of goods, as well as international transportation services provided to the Client by the Company, as well as the Client's payment and acceptance of the Goods in accordance with the terms of this Agreement.
This Agreement constitutes the entire agreement between you and West Parcel with respect to the use of the Company's services and all matters directly or indirectly related thereto. This Agreement supersedes all prior written and oral agreements, documents and representations, and may be modified only upon notice to the Company. If any provision of this Agreement is found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to ensure its performance.
Failure of the Company to enforce any provision shall not be construed as a waiver of any provision of this or any other agreement. You may not assign any rights or obligations you may have under this Agreement to any third party or parties without the prior written consent of West Parcel. The Company reserves the right to assign this Agreement or any rights or obligations under this Agreement without your consent.
PART 3. TERMS OF SERVICE
To use the Company's services, you must register an account on our website. One User can have only one account. The Company's services are available only to individuals or legal entities that can enter into agreements that have full legal force and effect in accordance with applicable law. The use of the Company's services is prohibited for minors (under 18 years of age), as well as for persons who are excluded from using our services or those who pose an unacceptable level of risk.
The Company does not support or do business with persons listed on the Specially Designated Nationals and Blocked Persons List (SDN List) of known or suspected terrorists or terrorist organizations. In addition to the conditions in the preceding paragraph, you are only eligible for an account if you are not a resident or national of any of the countries and groups currently subject to OFAC sanctions, including: Burma, Cuba, Iran, Iraq, Libya, North Korea, Syria, the Russian Federation, the Republic of Belarus, Sudan, Afghanistan, and the Taliban. Current economic sanctions programs can be found on the OFAC website (www.ustreas.gov/ofac) or on the EU sanctions map (https://www.sanctionsmap.eu/#/main).
By using the Company's services, you agree to comply with international laws, regulations, ordinances and relevant rules in the field of international transportation, in particular, you undertake not to send items specified in the List of goods prohibited for shipment, which is available on our website, as well as to comply with the rules of reliable and safe packaging of shipments. Failure to comply with these requirements shall be considered a material breach of this Agreement and may be grounds for termination of services to the User.
You are solely responsible for the accuracy of the information, delivery addresses and the correctness of the personal data of the recipients of the shipments, as well as for the timely delivery of shipments to the receiving points or addresses of partners specified by the Company.
In the event of any problems with the goods at any stage of shipment, you agree to provide us with all necessary and accurate information about the contents of the shipment in a timely manner. Unless otherwise agreed, all returns are made on the terms and conditions specified on our Website or in accordance with the terms of service of the Company's partner companies.
In cases where the Company believes that there is a threat of fraud or a risk associated with the relationship with a particular user and is unacceptable to us, the Company has the right to suspend the provision of services to the User for an indefinite period. In this case, you will be notified of our actions. You also agree that the Company may use any account data to fulfill any of your obligations to the Company at any time and for any reason permitted by law. The Company considers this Agreement as your consent to compensate the Company for the losses, if any, incurred by us as a result of your activities in the conditions of non-fulfillment of the obligations stipulated by this Agreement. The terms and conditions described in this section may be supplemented and may differ from other terms and conditions set forth in the Agreement.
PART 4. COST OF SERVICES
All fees for our services are indicated in the calculator at www.westparcel.cz or on the Website. All calculations are displayed and made in US dollars, unless otherwise stated, and may vary depending on the exchange rate. You are solely responsible for timely payment of the Company's services related to the delivery of shipments, as well as currency conversion costs and any other costs associated with your shipments.
Access to the use of the Company's services is provided free of charge and is carried out by registering a personal account and using the personal account.
PART 5. PRIVACY AND SECURITY
The Company does not sell or rent your personal information to third parties without your consent. We use your information only to provide you with services. The Company considers the protection of user privacy to be the most important principle of cooperation. We store and process your information on computers located in the United States, which are protected by both physical and technical security devices. We are responsible for the processing and storage of personal information of consumers of the Company's services, as well as visitors to the Website. We also operate in full compliance with the GDPR.
You should log in to your account only on the Website. Users should not use any other websites other than the Website. If you do not agree with the transfer or use of your information in this way, please stop using our website and do not use the Company's services.
The website collects information about your behavior on our website and visits to the website pages in order to obtain statistics on visits and efficiency of the website use, to form a personalized approach and to adapt our services to the interests of each user. We do this with the help of various technologies, one of which is cookies. Most often, cookies are used to evaluate the effectiveness of websites (for example, to measure the number of visitors and the duration of their stay on the website), to identify the most interesting and visited topics and pages, as well as to ensure the convenience of navigation and use of the website, without collecting any personal information. We use cookies, Google Remarketing Tag, Facebook Pixel and other advertising technologies to send you advertisements in accordance with your individual interests and preferences.
The Company has the unlimited right to amend, modify or cancel any provision of this Agreement without your consent. The User may not amend, modify or waive any provisions of this Agreement.
PART 6. WARRANTIES AND LIABILITY OF THE PARTIES
The company does not guarantee the legality of property rights and marketability of items sent using the company's services. The Company cannot guarantee the absence of violations of intellectual property rights in the content of international shipments sent using the Company's services.
The Company does not guarantee the terms of service provision, does not determine specific terms and does not guarantee the time required for the performance of services, the terms of transportation, return, storage or destruction of international shipments, the terms of fulfillment of any obligations of the Company's partners in relation to Users, since West Parcel services depend on many factors beyond our control.
You agree to indemnify, defend, and hold West Parcel, our partners, subsidiaries, affiliates, officers, agents, and employees harmless from and against any claim or demand made by any party based on or arising out of your breach of this Agreement or the documents incorporated by reference herein or your violation of any law or the rights of third parties relating to your use of our services.
Under no circumstances shall the Company be liable for lost profits, moral or reputational damages, or for any special, direct or consequential damages arising out of or in connection with our website, our services or this Agreement, regardless of the cause. The Company's liability shall be limited to the actual amount of damages incurred, which shall be determined on the basis of the amount specified by the Client when ordering the service.
Failure of the Company to comply with any provisions of this Agreement or inaction regarding your violation of this Agreement cannot be considered a waiver of such provisions, does not preclude the Company's right to take appropriate action in case of subsequent or similar violations.
PART 7. DISPUTE RESOLUTION
All questions regarding the resolution of disputes concerning international shipments made using the Company's services must be directed exclusively to the Company.
You agree that, notwithstanding any law or statute to the contrary, any claim or cause of action arising out of or relating to this site, the terms of use or West Parcel services must be presented within one year from the date the cause of action arose or it will be deemed waived and barred as untimely.
You must comply with all laws of the Czech Republic, as well as international laws, statutes, ordinances, regulations, contracts and licenses applicable to your use of our services. In the event of a dispute between you and the Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that any disagreement or claim at law or in equity arising out of or in connection with this Agreement or the Company's services must be resolved by the Parties in writing. We recommend that Users contact the Company directly to find a solution. The Company will consider reasonable requests to resolve a dispute through alternative procedures to litigation, such as mediation.
Disputes about our services can be reported to Customer Support online by calling
+1-305-3070382, or by contacting the Company in writing at:
Western Bid, Inc.
3500 W Hallandale Beach Blvd.
Pembroke Park, FL, 33023
PART 8. CONTACT INFORMATION
To the extent permitted by applicable law, this Agreement and any other agreements, notices or information relating to your account and/or use of the Services ("Notices") may be provided to you electronically, and you agree to receive all Notices from the Company electronically. Electronic Notices may be posted on the pages of the Site and/or sent to your e-mail address. You may print a copy of any Notice and keep it for your records. All Notices in electronic or paper format will be deemed "written". Alternatively, we may send you a notice to the email address you provided during registration or by regular mail to the address provided in your account.
Except as otherwise expressly stated, any notices must be sent by mail to the Company in writing at:
Western Bid, Inc. 3500 W Hallandale Beach Blvd Pembroke Park, FL, 33023, USA or to our online message center.
If you have any questions or need additional information, please contact our online support team, call +1-305-3070382, or contact Western Bid, Inc. Western Bid, Inc. 3500 W Hallandale Beach Blvd Pembroke Park, FL, 33023, USA by mail.