This English version of the Terms and Conditions are only meant as support to our non-Norwegian speaking users. It is the Norwegian text on the Norwegian web pages which is the valid Terms and Conditions for the services.
Last updated: October 12th, 2019
Welcome to Carrycut – the marketplace for user friendly, convenient and effective transport of goods. Carrycut AS (Norwegian organization number: 916 564 082), Leirfossvegen 5D, 7037 Trondheim, Norway, operates websites (carrycut.com, carrycut.no, and other relevant domains), and mobile apps for iOS and Android, both under the name “Carrycut”.
The terms in this document are meant to allow us to continue providing and improving our Services. They help to ensure that a few mean users don’t ruin the experience for everyone else. Your part in that is simple. Just use common sense—keep creating great Carrycut missions and interact with other users in a good manner.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, or represent an officially registered Norwegian company and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from THE SERVICES and do not have more than one Carrycut account.
We may, in our sole discretion, refuse to offer THE SERVICES to any person or entity. We may, without notice and compensation, and in our sole discretion, terminate your right to use THE SERVICES, or any portion of thereof, and block or prevent your future access to and use of THE SERVICES or any portion thereof. We do not offer any guarantee about the availability or use of THE SERVICES.
Transport missions conducted and or organized through or by use of THE SERVICES will be governed by the Norwegian Road Freight Act (Vegfraktloven) and The Norwegian maritime code (Sjøloven). Consequently, Users will also be governed by this act and code. A Norwegian version of the Road Freight Act is available here: https://lovdata.no/dokument/NL/lov/1974-12-20-68 . A Norwegian version of The Norwegian maritime code (Sjøloven) is available here: https://lovdata.no/dokument/NL/lov/1994-06-24-39 .
These terms and conditions also refer to the The General Conditions of the Nordic Association of Freight Forwarders, NSAB 2015, as setting forth the freight forwarders’ and the Users’ rights and obligations towards each other. In accordance with NSAB §3 C, Carrycut as an intermediary, is not responsible for parties other than Carrycut’s own employees.
All costs related to a transport mission shall be paid by the users. These includes but are not limited to, freight, any additional costs, customs and other costs which occur related to the transport mission.
Carrycut shall have no responsibility for the correctness, availability or usefulness of the information exchanged through THE SERVICES, and shall have no responsibility, neither directly or indirectly, for errors or omissions in this information. Users alone have all the responsibility for any direct or indirect cost which occurs from the use of THE SERVICES. This includes, but is not limited to, customs, costs related to disputes and lawsuits, and financial costs related to transport missions.
Users shall not use THE SERVICES for transportation of illegal goods.
Users acknowledge and agree to that an agreement related to a transport mission is binding unless Users explicitly agree to depart from this. An agreement about a transport mission is regarded as entered into, and thus binding, when a carrier who has offered to do a transport mission for the sender, is selected as carrier by the sender through THE SERVICES. Users have the full right to change or delete requests and quotations until an agreement about a transport mission is entered in to.
By using THE SERVICES you agree to let Carrycut collect information about your usage of the application, including interactions with objects in THE SERVICES. For example, when you like an advert you agree that we can collect this information and use it for statistical and commercial purposes. You also agree to let Carrycut collect certain types of information from and about your device. For example, if you choose to use our location feature, you agree to let Carrycut access the position of your device and upload data about this to our servers, as well as present this information as a part of THE SERVICES.
We use Facebook and Google Analytics and Facebook and Google Analytics Advertising features to understand how our user audience breaks down by Age, Gender, and Interests. This information is fully anonymous, but if you not accept to share this information you can opt-out by using the Google Analytics Opt-out Browser Add-on when visiting our web pages and refrain from using THE SERVICES.
Carrycut will never sell user information to others, but Carrycut has the right to exchange information we collect with companies or organizations we make partnerships with.
THE SERVICES consist of interactive features and areas that allow users to create, post, transmit and/or store content, including but not limited to photos, text, graphics, items or other materials (collectively called “User Content”). You understand that your User Content may be viewable by others. You agree that you are solely responsible for your User Content and that Carrycut is not responsible or liable for any User Content. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete User Content at any time and for any reason.
We do not claim ownership of any User Content that you post on or through THE SERVICES. However, by submitting User Content to Carrycut, you hereby grant us a nonexclusive, worldwide, non-revocable, royalty-free, sub-licensable and transferable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such User Content in connection with THE SERVICES
User information will be treated confidentially and in accordance with requirements to information security as stated in Norwegian law (Personopplysningsloven: https://lovdata.no/dokument/NL/lov/2000-04-14-31 ). Users have the right to be informed about Carrycut’s treatment of information which concerns them. Carrycut may send information about Users to the police or other public authority including taxation authorities. Carrycut also stores information about deleted transport missions in order to prevent conflicts and disputes, in accordance with Personopplysningsloven § 8.
Users who are not logged on to the service during 12 months may have their user account deleted.
You agree that any feedback, suggestions, ideas or other information or materials regarding Carrycut or THE SERVICES that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Carrycut. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We appreciate hearing from Users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within THE SERVICES, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Carrycut Content”), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Carrycut Content may violate such laws and these Terms. Except as expressly provided in these Terms, Carrycut does not grant any express or implied rights to use Carrycut Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Carrycut Content, THE SERVICES or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use THE SERVICES and Carrycut Content. This license is revocable at any time. This license is subject to these Terms and does not include:
· The distribution, public performance or public display of Carrycut Content;
· Modifying or otherwise making any derivative uses of THE SERVICES or Carrycut Content, or any portion thereof;
· Use of any scraping, data mining, robots or similar data gathering or extraction methods;
· Downloading (other than page caching) any portion of THE SERVICES, Carrycut Content or any information contained therein, except as expressly permitted on THE SERVICES;
· Accessing the Carrycut API with an unauthorized or third-party client; and
· Any use of THE SERVICES or Carrycut Content other than for their intended purposes.
Any use of THE SERVICES or Carrycut Content other than as specifically authorized in these Terms, without the prior written permission of Carrycut, is strictly prohibited and will terminate the license to use Carrycut granted in these Terms.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
· Use THE SERVICES for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
· Use THE SERVICES in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying THE SERVICES, or that could damage, disable, overburden or impair the functioning of THE SERVICES in any manner;
· Compromise the security of THE SERVICES;
· Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials. Including methods to automatically create User Content and/or in any other way post User Content from channels outside THE SERVICES;
· Access THE SERVICES’ API outside the intended use of THE SERVICES neither via manual or automatic methods;
· Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access THE SERVICES or to extract data;
· Reverse engineer any aspect of THE SERVICES or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of THE SERVICES;
· Use or attempt to use another user’s account without authorization;
· Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of THE SERVICES that you are not authorized to access;
· Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
· Engage in any harassing, intimidating or predatory conduct;
· Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
· Violate the publicity, privacy or data protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
· Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
· Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Carrycut account, a Carrycut username without Carrycut’s prior written consent;
· Develop any third-party applications that interact with User Content or THE SERVICES without our prior written consent; and
· Use THE SERVICES for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply when posting reviews of Carrycut, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service. We have absolutely no tolerance for objectionable content and/or abusive behavior. We reserve the right to remove content that is deemed objectionable at our sole discretion. We will permanently refuse to offer the Service to Users partaking in abusive behavior, and/or breaching other elements of these terms.
You accept all responsibility for any activity that occurs while logged into your Carrycut account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.
Carrycut is not responsible for the correctness and validity of the information Users provide about themselves.
You can delete your User account by contacting Carrycut on https://www.facebook.com/carrycut . Carrycut will comply with your request for deletion of your user account without undue delay.
Deletion of a user account does not exempt Users from their obligations and responsibilities in relation to agreements about transport missions which they have entered in to.
Carrycut’s rights and obligations
Carrycut provides a marketplace and a platform for Users who wish to exchange information about requirements and quotations for transport of goods, and for making agreements about and payments for such transport missions.
Carrycut may however, close, partly or completely, THE SERVICES, in order to perform maintenance upgrading or due to other minor issues.
By using THE SERVICES you agree to that Carrycut is not responsible to you or any third party, for any consequences which may follow from such closure of THE SERVICES. Where practically possible and within reasonable limits, Carrycut will seek to inform Users beforehand of such closure.
Modifications to THE SERVICES
We reserve the right to modify or discontinue, temporarily or permanently, THE SERVICES or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of THE SERVICES or any part thereof.
Payment processing services for users on Carrycut are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement, or continuing to operate as a user on Carrycut, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Carrycut enabling payment processing services through Stripe, you agree to provide Carrycut accurate and complete information about you and your business, and you authorize Carrycut to share it and transaction information related to your use of the payment processing services provided by Stripe.
Users are themselves responsible for their actions associated with THE SERVICES, and should evaluate other users’ credibility before considering doing actions together.
Where payments are made for transport missions, the total cost (The payment) for the sender will consist of two parts: i) the freight cost paid to the carrier and ii) the commission Carrycut is paid for providing and hosting the service. The payment is agreed between the sender and the carrier. The commission to Carrycut is deducted from The payment as a percentage of The payment. As of today this percentage is 14%. This means (as an example) that if The payment is 100 kroner, 86 kroner will be paid to the carrier and 14 kroner will be paid to Carrycut. Carrycut may at our own discretion change the percentage for the commission.
The payment to the Carrier and the commission to Carrycut shall be paid through the payment solution which is a part of THE SERVICES. In order to publish and to provide quotations for transport missions, Users need to register a payment card and/or a bank account in connection to their user account.
When an agreement of a transport mission is entered into by the sender and the carrier, the payment connected with the transport mission will be reserved on the sender’s payment card. When both the receiver and the carrier, through THE SERVICES, have confirmed that the transport mission has been completed, the payment to the carrier and the commission to Carrycut will be transferred from the sender’s payment card. If completion of a mission is not confirmed by neither the carrier nor the receiver within 7 days after the transport agreement has been entered into, the payment will be sent back to the sender.
If only the carrier confirms the delivery, the receiver will be notified and asked to confirm that delivery has been done. If the receiver does not confirm he or she will be announced by push or email that payment will be done within 7 days after the transport agreement has been entered into.
IF THERE IS A DISPUTE ABOUT WHETHER THE TRANSPORT MISSION HAS BEEN COMPLETED OR NOT, THE DISPUTE MUST BE SETTLED BETWEEN THE PARTIES INVOLVED IN THE TRANSPORT AGREEMENT. IF THERE IS A DISPUTE ABOUT WHETHER THERE HAS BEEN ANY DAMAGE TO OR LOSS OF THE TRANSPORTED GOODS OR NOT, THE DISPUTE MUST BE SETTLED BETWEEN THE PARTIES INVOLVED IN THE TRANSPORT AGREEMENT. CARRYCUT IS NOT A PART IN THE TRANSPORT AGREEMENT.
If the sender does not pay, delayed payment mortgages and fees will occur in accordance with Norwegian law. Carrycut is also in our right to claim and collect unpaid commissions at the sender’s cost.
Users who owe money to THE SERVICES may risk being excluded from using THE SERVICES.
THE SERVICES AND THE CARRYCUT CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE CARRYCUT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS.
Note to International Users
THE SERVICES are administered from Norway. If you are a user accessing THE SERVICES from the European Union, Asia, the US, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Norwegian laws, please be advised that through your continued use of THE SERVICES, which are governed by Norwegian law, you are transferring your personal information to Norway and you consent to that transfer.
In this section on indemnification ”Carrycut” also includes all its board members, directors and employees.
By agreeing to these Terms you agree to indemnify, defend and hold harmless Carrycut, our managing members, shareholders, employees, affiliates, licensors and suppliers (the “Carrycut Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of THE SERVICES; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through THE SERVICES; (c) your violation of these Terms; or (d) your violation of the rights of another.
2) Limitation of Liability
In this section on limitation of liability ”Carrycut” also includes all its board members, directors and employees.
Except where prohibited by law, in no event will Carrycut or the Carrycut Parties be liable for any direct or indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, THE SERVICES; (b) the provision of THE SERVICES or any materials available therein; or (c) the conduct of other users of THE SERVICES, even if Carrycut has been advised of the possibility of such damages. You assume total responsibility for your use of THE SERVICES. Your only remedy against Carrycut for dissatisfaction with THE SERVICES or any content is to stop using THE SERVICES. If, notwithstanding these Terms, Carrycut is found liable to you for any damage or loss which arises out of or is in any way connected with your use of THE SERVICES or any content, Carrycut’s liability shall in no event exceed US $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) Forum and Venue
A lawsuit, if any, by you or Carrycut against the other will occur in court in Oslo, Norway. You and Carrycut agree that the jurisdiction and venue of this court is exclusive.
Any dispute between you and Carrycut will be governed by these Terms and Norwegian law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Software development kits
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Carrycut