Terms and conditions

Article 1 - Definitions
  1. Account. A user profile that was created by a User on the Application.
  2. General conditions. From time to time the current terms and conditions can be customized by Vengo and will replace the previous terms and conditions.
  3. Application. An online platform offered by Vengo in which Transport providers can offer their transport services and Users can place commands which in turn can be accepted by Transport providers.
  4. Services. A transport order that the Transportation Provider accepts from the End customer via the Application.
  5. End customer. A natural and/or legal person who, by using the Application, acts as a customer in respect of the Transportation Provider for the execution of the Service.
  6. User. Each user of the Application.
  7. User content. Any content that a user fills out in the application or adds to the Service or the Goods.
  8. Goods. The movable property that is the subject for transport via the Service.
  9. Vengo. The private limited liability company with registered office at 3500 Hasselt, Walenstraat 65 and with the company number 0632.989.039.
  10. Transport Provider. Each carrier, either natural or legal person, who offers its services through the Application to the End Customer.
Article 2 - Scope
  1. The terms and conditions shall take effect on the date listed below and apply to the Service and use of the Application, as well as to all information, recommendations and/or services provided through the Service and/or the Application to the End Customer. All interactions, approvals, acceptances – via, with or through the Application – therefore also fall within the scope of these terms and conditions.
  2. Using the Application creates an agreement between the User and Vengo for the use of the Application and acknowledges the User to be bound integrally by these terms and conditions for the use of the Application in itself, as more specific offering, accepting and delivering the Service. If the User does not agree to these Terms and Conditions, he himself is responsible to discontinue the use of the Application. These Terms and Conditions supersede expressly prior agreements with the User. At any time and without prior notice Vengo can deny a User access to the Application or terminate an Account, if the User violates the terms and conditions.
  3. From time to time Vengo can unilaterally change these terms and conditions. Changes will be effective upon notice to the User by Vengo. If the User after notification of the modified terms and conditions uses the Application and/or the Service, he shall be deemed to agree fully and without reservation to the modified terms and conditions
  4. An electronic acceptance, approval or commitment (non-exhaustive) via the Application binds the Transport Provider and the End Customer, even if no electronic signature was placed.
  5. Deviation from these conditions is only possible on express written agreement signed by Vengo. Consequently, in each case these conditions prevail over any possible own terms of the User.
  6. Offers are non-binding until the acceptance by the End Customer, barring a written revocation by Vengo.
  7. Vengo reserves the right to refuse requests, contracts, tenders and such without citing reasons to refuse.
Article 3 - The provision of services by vengo
  1. The service provided by Vengo includes the Application, that allows the User via mobile applications and websites to arrange transport services and plans with independent external transport providers. Without prejudice to the express written confirmation by Vengo in a separate agreement, Vengo itself will not provide transport services and it shall not act as a transport company or transport agent. The Service is always provided by a Transport Provider that is not connected to Vengo whereby the entire liability and responsibility regarding the Service rests on the Transport Provider. In the provision of the Service, the Transport Provider needs to respect the corresponding transport regulations and permits.
  2. By using the Application with acceptance of the Service the End Customer and Transport Provider enter into a separate agreement, in which Vengo is not a party, in the absence of any express written derogation.
  3. Vengo provides the End Customer and the Transport Provider a limited, non-exclusive, non-sublicensable, revocable and non-transferable permission: (i) to access and use the Application with view to offering and accepting services; and (ii) to gain access to and use of any content, information, and related materials that can be made available via the Application and via the Service.
  4. All rights, obligations and elements not expressly granted or stated in the General terms and conditions do not apply and are reserved by Vengo.
  5. The User, Transport Provider and End Customer and where appropriate their respective mandataries, permanent representatives, agents and staff members will be in relation to Vengo act independently and cannot be considered as mandataire, agent, or employee of Vengo. They are thus never in a relation of subordination to Vengo, who will never have the authority nor the control inherent to an employer. Vengo will never be able to be considered as an employer of the User, the Transportation Provider and/or End Customer. The User, Transportation Provider and End Customer secure Vengo completely from fiscal and other claims arising from any reclassification of their status versus Vengo, to this of an employee.
Article 4 - Intellectual property rights

The Service, Application and all connected rights, contracts and commitments are and remain the property of Vengo or its licensors.

Each intellectual, industrial or other proprietary right on works created by Vengo, its employees, consultants or subcontractors in the context of the implementation of these terms and conditions (including the Application, the website and mobile application giving access to the website and the content on it, and any other technology, skills, know-how and information on its use), remains the exclusive property of Vengo and/or its licensors , depending on the case.

The delivery of the Application and/or Service does not imply any transfer of any such right. The fees paid by the customer account do not constitute no payment for the transfer of any such right.

Article 5 - Use of the account, the application and the service
    1. Account and data processing
      1. In order to use the Application and of the Service, the User must create an Account. The User must at least have reached the legal majority. In order to register and activate the Account, the following non-exhaustive personal information is required:

        Name and first name;

        Legal residence;

        Number mobile;

        Age;

        Valid and approved means of payment (creditcard or other).

      2. The User undertakes to include accurate, complete and current information in the Account. If the Account does not reflect accurate, complete and recent information, or if no valid payment was stated, the Account and the Application can be blocked for the User and the access and use of the Services and/or the concluded contracts can be terminated by VengoThe user is responsible for all operations with the Account. Only 1 (one) Account is allowed per user.
      3. The User gets access to the Application by means of a password and log-in. User may not use password and log-in to the Application for an unauthorized purpose. The user will keep the log-in and password strictly confidential. Any use of the password and the login is done under the full responsibility of the User. If the password and/or the log-in is stolen or used fraudulent, the User should notify Vengo immediately in writing. The User will take all necessary measures to establish theft or fraudulent use within the shortest time.
      4. User agrees that the above data are processed as well as the following information:

        All data concerning licensing in the context of the Service (including driver’s license, transport permits and such more);

        Vehicle specifications including load capacity, size, visual condition (photo’s), model, type, age, periodic mileage, registration certificates, insurance documents, inspection documents, authorisations if applicable …

      5. If the Transport Provider, in the specific case, operates on a freeance basis, he himself is responsible for the notification of abovementioned personal data to the respective public institutions, such as the social security administration, the tax administration, the social secretariat. The above list is non-exhaustive.
      6. The processing of the data is done by the administrative department of Vengo.
      7. The User has a right of access to this information and can have these corrected, deleted or blocked in line with the procedures set out in the regulations relating to the protection of privacy with regard to the processing of personal data, if, among other things, the processing does not comply with the applicable legal provisions, the data is incomplete or incorrect , or if not can be assured that the data is complete and correct. To do this, you can contact Vengo by sending a message to info@vengo.technology.
      8. The user is obliged to inform Vengo of any change of his data.
      9. The Users expressly agree to Vengo, for practical reasons and for the guarantee of the proper functioning of the Application and the Service among other things, to collect data through the use of the application and Service:

        Information on the location of the User: the User's precise location data, accurate location data of the User, the ride-precise location of mobile device. The collection is done when the User uses the Application or when it is activated;

        contact information: as far as the User gives consent to Vengo to access the address book, names and contact information can be collected;

        information on transactions within the framework of the Service: when using the Application all transaction data related to use of the service are collected (place, date, time, well, amount, distance, transaction data, promotions etc…);

        User and user-preferred information: preferences indicated by the user, cookies, pixel tags used, technologies applied and suchlike;

        Devices: Vengo can collect information on the device used device (type of device, model, hardware, operating system, identification code and such more);

        Log information: Vengo collects server logs with information about IP-address, access dates and times, features, loaded pages, system events, browser and sites or services used for the use of the application or service.

      10. If the Account is associated with a different provider (Facebook, LinkedIn or such more), Vengo can gather the information from those sources to the extent the User allows the link.
      11. Vengo can handle the collected information:

        To provide the Service, the Application, or to improve and maintain the Service (including payments/products/services/information services), to develop new features, to authenticate the User, to provide customer service, to send updates and to develop safety functions;

        To optimize internal security and to detect errors; to prevent fraud and abuse of the Application or Service; to solve software bugs and operational problems; to execute data analysis, testing and research; and to conditions of use and to follow and analyze use and activity trends;

        To enable communication between the End Customer and the Transport Provider, via sending of messages or places of information about goods, estimated arrival times, by references, invitations, sharing of prices and that in the broadest sense…

        to inform the User about all kinds of services, products, promotions, news and events by Vengo and third party providers;

        To improve and personalize the Application and the Service (for improving functions, content, social connections and networks, to provide referrals and ads or recommendations.

      12. Vengo can transfer all collected information to and handle and store these in the countries of the European Union and to countries other than where the User has his permanent residence in so far as the same level of protection of the privacy of the data is offered as in the European Union. If personal information would be sent to countries where there is no adequate protection of personal data, Vengo ensures to insert, together with the receiver, the necessary model clauses in the agreement signed by Vengo and the receiver, to ensure that an adequate level of protection still applies.
    2. Requirements and use Account, Application and Service

      The use of the Account, and the use or supply of the Service are subject to all applicable regulatory provisions. The User is allowed to operate the Account and the Application only for legaly permitted purposes (e.g. excluded are: transport of prohibited resources). In the use of the Account, Application or Service, the User cannot cause any nuisance, inconveniance, distress or property damage.

      In some cases, the User may be required to provide a proof of identification to gain access to or use of the Application and Service. If subsequently no proof of identity is provided, the access to the Application or the Service can be terminated by Vengo.

      Vengo can request the User to make photographs, inspect the Goods, the vehicle and such more, to give feedback via the Application and to reply to all questions of Vengo in order to ensure the smooth operation of the Application and to be able to guarantee the Service, in default of which Vengo can terminate immediately and without any compensation access to the Application and/or Service.

    3. Text messages

      The User agrees that Vengo can send informative text messages (SMS) as part of the normal operation of the use of the Application (and for the announcement of promotions from Vengo).

    4. Promotions

      Vengo uses to own discretion promotions that can be redeemed for credits, functionalities or advantages related to the use or provision of the Service or Application and that are determined by Vengo itself in accordance with the conditions defined per promotion by Vengo.

      Promotions:

      To be used for the target group and the intended purpose, and legitimately;

      may not be duplicated, sold or transferred in any way, or be made available to the general public (nor in public form or otherwise), unless expressly permitted by Vengo;

      may at any time be disabled by Vengo for whatever reason and without liability of Vengo;

      may only be used in accordance with the specific conditions that Vengo drafts for such promotional codes;

      can be canceled at improper use by the user in violation of these terms and conditions.

    5. User content

      Vengo can allow textual, audio, and/or Visual content and information, including comments and feedback regarding the Service and Application, entries from projects for competitions and promotions to upload, publish, submit or otherwise make available to Vengo via the Application.

      Any user content provided, remains the property of the user. In providing these to Vengo, Vengo is granted a worldwide, perpetual, irrevocable, transferable, royalty-free license with the right to sublicense such User content, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, or in any way to exploit in all formats and distribution channels now known or that would later be developed (including with respect to the Application and the Service and the activities of Vengo on external websites and services) , without further notice to or permission from you, and without a payment obligation to you or any other person or entity.

      The User who make available User content ensures:

      that he is the sole and exclusive owner of all User Content, or that he holds all the rights, licenses, consents and necessary releases to grant Vengo the license to know the User Content;

      that the posting of the User content, nor the submission, upload, publishment, or in any way making available such User content by Vengo as allowed herein, constitutes an infringement of, or a violation of the intellectual property or proprietary rights, as well as publishing or privacy rights, of third parties, or will lead to a breach of any applicable law or regulation.

      The User will not provide User content that is defamatory, libelous, hateful, violent, obscene, pornographic, tortious, or otherwise objectionable Vengo can, but will not be required, assess, verify or delete user content, in its sole discretion, at any time, for any reason, without notice to the user.

    6. Network access and devices

      The User is responsible for obtaining access to the data network, necessary for the use of the Application and the service. The User bears all fees and costs.

      The User is responsible for purchasing the hardware or devices compatible with the Application, necessary for the access to and use of the Application and the Service. Vengo does not guarantee that the Application or Service, or any part of this, works on certain hardware or devices.

      The Application or Service is made available to the User "as is", and may be subject to disruptions and delays inherent in the use of the internet and electronic communications. Vengo will, to the best of its ability, engage so that access to the application is possible 24 hours a day. However, access may be interrupted at any time for maintenance, adjustment, security or any other reason. Vengo will perform these works as much as possible from Saturday 8 PM to Sunday 08 AM, with a maximum 10-hour downtime.

      Vengo is not liable for malfunctions in the data traffic due to external factors or obstacles, inherent in the area of telecommunications infrastructure, or accidents, or work on maintenance, reinforcement, for the upgrading or extension of the network installations by the telecom operator and/or server provider. Vengo is not liable for malfunctions due to the use by the User of other equipment or software than the hardware provided by Vengo or due to all the factors alien to Vengo. Vengo is not responsible for the content of the communications and messages, nor for the damage they cause.

    7. Third parties

      Vengo is not liable for (other) third party services offered through the Application. The terms of use of the various third parties are valid for other services offered through the Application.

    8. Limitations

      The User is expressly forbidden to reproduce, modify, prepare derivative works, prepare based on, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit copyrights, trademarks, or other proprietary rights that are directly or indirectly linked with the Application or the Service, or (parts of) the Application or the Service itself, except as expressly permitted by Vengo..

      The user is expressly forbidden to decompile, reverse engineer or disassemble the Application/Service.

      The user is expressly forbidden to refer to the Application or the Service, to link its product or service to the Application or the Service, or to start programs that may impede or encumber the Application or Service.

Article 6 - Conclusion of contracts transportation provider – end customer
  1. The agreement between the Transportation Provider and the End Customer will be concluded at the time the Transportation Provider accepts the assignment of the End Customer by means of the Application. That acceptance is considered a written and explicit confirmation, even without electronic signature.
  2. By the acceptance of the assignment by the Transport Provider, the End customer states and acknowlegdes to owe a fee to the Transportation Provider as defined hereafter.
  3. Payment is made by direct debit of the creditcard of the End Customer for the benefit of Vengo who will subsequently pay the Transportation Provider.
Article 7 - Prohibited goods

The user will never offer these goods, accept, deliver, transport or relate it to the service or Platform:

  • A.D.R. products (hazardous products), refrigerated food or other refrigerated transport, medical devices & medication;
  • Radioactieve material and products;
  • Precious metals (gold, platinum and silver) wether or not modified or coined, ornaments, natural or cultural pearls, gems, jewelry, furs, Oriental rugs and other valuable objects;
  • Effects, coupons, cash, cheques, promissory notes and/or documents payable to bearer and all kinds of documents;
  • Art objects, antiques and /or objects from conoisseurs collections;
  • Living animals;
  • Living plants or cut flowers;
  • Software;
  • Cigarettes and cigars;
  • Shipments against cash on delivery;
  • Alcoholic beverages and liqueurs;
  • Glass plates and glass for windows and doors and related fragile goods;
  • Drugs, psychotropic substances and narcotics;
  • Goods whose use, possession, sale, transportation, import or export, production and circulation is prohibited by law;
  • Goods that by nature endanger the driver, shipper or receiver or third parties;
  • Goods that may damage or soil other goods when shipped.

More generally, the User will never offer, accept, deliver, transport or relate goods to the Service or the Platform which may affect the liability of Vengo, even indirectly.

Article 8 - Rates
  1. The use of the Application in itself (strict interpretation) is free.
  2. Vengo may collect charges for the use of the Service. The (modalities of) allowances shall be made known through the application by Vengo where the user maintains the freedom of choice..
  3. The End Customer declares by acceptance of the service to be aware of the rates applicable to the transport services provided by the Transport Provider. Vengo will collect the rates and offer those tariffs for acceptance to the End customer. The acceptance by the End customer creates in no way a direct link with Vengo. The acceptance applies towards the Transport provider and for the rates as communicated by Vengo. Vengo reserves the right to adjust these rates unilaterally for a subsequent Service. It is the responsibility of the End customer to ensure the validity of the rates at the moment of the assignment. An adjustment of the rates after acceptance of a service will not have an impact on specific Service accepted.
  4. In the absence of other agreements, it is assumed that the Transport provider spends a minimum duration for loading and unloading and this should be in relation to the object transported and that the End customer will owe a standstill compensation for the supplementary time. On simple request Vengo will provide the acceptable and included time for the goods to be delivered.
Article 9 - Delivery terms and conditions
  1. The delivery times indicated by Vengo via the Application delivery times assume an obligation in respect of the Transport Provider and do not form a single commitment on the part of Vengo.
  2. The terms of delivery as specified in the command apply (without prejudice to other applicable regulations such as the arrangement in accordance with Incoterms 2010)
  3. By means of the signature of the electronic receipt confirmation within the Application, the User acknowledges the good reception of the goods and the following:
    • The goods are offered to the threshold or quay of the buildings of the agreed address, unless another place was agreed.
    • The goods or its packaging are in a visually good condition and the User/Receiver has no other remarks than the ones made in the separately compiled C.M.R. consignment note.
    • The goods have been received in accordance with the ordered quantities and/or weights.
  4. Transport via Vengo case is governed by the provisions of the C.M.R.-Convention (Convention on the contract for the international carriage of goods by road) and the laws on the transport of goods by road, as well as by the previously described conditions. In this case, the User will in addition to the electronic receipt confirmation via the application by the Transport Provider be offered a separate C.M.R. document for signing. This C.M.R. document that is to be drafted by the Transport Provider. Not sufficiently filling out or signing this C.M.R. - document will lead to the right of recourse in case of damage or loss of the received goods and the control hereof is the non enforceble responsability of the End Customer. This loss of right of recourse applies to as well the User, the Transportation Provider as to the End Customer.
Article 10 - Guarantees and permits transportation providers

Vengo sets the application at the disposal of both professional and non professional Transportation Providers.

  • The "Professional Transportation Provider" is the Transportation Provider that offers transportation activities as a professional activity (where appropriate as side issue).
  • The "Non Professional Transportation Provider" is the Transport Provider that does not offer transport services as a professional activity, nor in main activity, nor as side issue.

Only non-professional Transport Providers can then rely on the regulation of sharing economy, as indicated below. If the non-professional Transportation Provider can not appeal to the regulation of sharing economy, he is solely responsible to report its activity to the applicable social, fiscal and tax authorities according to the applicable regulations (activity as self-employed). Vengo can never and under no circumstances be held liable for the consequences of any misuse by a non-professional Transportation Provider and/or for providing incorrect information to the Application.

    1. Professionele Vervoersaanbieder

      The professional Transportation Provider acknowledges and guarantees that he is a professional carrier and is subject to the rules relating to carriage of goods by road and, if necessary, holds a valid transportation permit issued in accordance with the law on the carriage of goods by road.

      The professional Transportation Provider recognises and ensures that it complies with all the essential conditions for access to the profession, including where appropriate:

      Fixed and actual location

      Certificate of professional competence

      Reliability, i.e. no criminal conviction and/or prohibition from practice or penalty due to serious infringements of the legislation in force.

      Financial capacity required for admission to the occupation.

      The professional Transportation Provider commits itself to be, if applicable, in possession of all legal, relevant permits before the delivery of transport services. All damages and/or legal actions (including, but not limited to direct and indirect consequential damage) arising from the fact that the Transportation Provider does not have all the necessary and applicable licenses, will exclusively be at the expense of the Transportation Provider.

    2. Non-Professional Transportation Provider

      The non-professional Transportation Provider ensures that the vehicle used by him (private car or company car) meets all legal and contractual (in case the car policy by the employer) requirements to use the Application and to provide the Service as Transportation Provider.

      The non-professional Transport provider shall ensure that the loading capacity of the vehicle used is never exceeded at a Service deliverable or provided by him.

      It is expressly prohibited to the Non-Professional Transportation Provider to use a vehicle with a loading capacity in excess of 500 kg and/oruse it for the delivery of the Service.

      All damages and/or legal actions (including, but not limited to direct and indirect consequential damage) arising from the fact that the non-professional Transportation Provider does not meet all the applicable regulations, only come at the expense of the non-professional Transportation Provider.

Article 11 - Sharing economy

If the Transportation Provider meets all the conditions determined by the regulations on sharing economy and Vengo at that time holds the required approval, the Transportation Provider can possibly enjoy other rules relating to payroll tax, income tax, vat, declaration in self-employment status, and such more. It is the full responsibility of the Transportation Provider to inform Vengo at any time and with every provision of the Service of its Statute, the totality of services that he has already delivered and of the applicable regulations and that via (modification of) the user profile in the Application.

Vengo will conform the indications of the User, reduce all applicable amounts, transmit and transfer the amounts, forms and certificates.

Vengo can never be held liable for social, fiscal and VAT claims and/or liabilities and that -understood in the broadest sense- originating from the Transportation Provider or User, End customer as a result of the use of the Application or the delivery of the Service. Vengo is not liable for errors, omissions and errors by the Transportion Provider that delivers a Service under a wrong statute or a not logged on status, including an incorrect appeal on the regulation of share economy (for example, by using several platforms).

Article 12 - Invoicing and payment

After the Service was provided, Vengo will provide the payment of the applicable charges on behalf of the Transportation Provider in the capacity of an external and limited payment collection agent in accordance with the procedures set forth in this article.

Payment of the costs in this way is equivalent to a direct payment to the Transport Provider. The costs are invoiced, inclusive of all taxes.

All costs are immediately due and payable and the payment will be made possible through the use of the means of payment specified in the Account, after which a receipt will be sent via email.

Vengo reserves the right to to establish and/or review itself additional costs for all services and goods obtained through the use of the Service and Application in accordance with the discretionary power of Vengo and this prior to accepting the assignment.

The amount that is charged for the Service, on acceptance of the order by the Transport Provider, will be charged by Vengo to the credit card of the End customer, without prejudice to other payment methods allowed by Vengo according to its discretion

    1. The end customer

      On behalf of the Transport supplier Vengo will charge transport services provided by the Transport provider to the end customer.

      The End customer agrees to pay for all transport services, which he buys from the Transport provider, Vengo will pay the transport services, including any taxes and additional charges as applicable, used by or in connection with the Account of the End customer, to be charged to the credit card account or other payment method, which was specified at registration.

      The End customer is always accountable for the timely payment of all costs and to provide Vengo with a valid credit card account to provide for the payment of all costs if no other method of payment was agreed.

      The payments made are not viable for refund.

      The End Customer will receive the invoice by e-mail at delivery. The End customer is deemed to have received the invoice by email on delivery, if the end customer has not requested an invoice from Vengo within 2 days after delivery. The invoice is payable 7 days after the date of dispatch. Late payment will result in the imposition of a rate of interest of 12 % on the entire amount and that from the original payment date, that all to be increased by a flat-rate compensation clause of 50,00 euro. The interests will be automatically capitalized.

    2. De vervoersaanbieder

      If the Transport Provider is a trader, the Transport provider is responsible for the preparation of its invoice to Vengo. The Transport Provider has the choice to have his invoices paid by Vengo in accordance with the modalities determined by Vengo at that time and transmitted through the Application.

      Prior to the acceptance of the assignment the Transport Provider selects the preferred option in the Application. After completing the Service the Transport provider will receive a reference number for Invoicing in the Application That reference number should always be on each invoice to Vengo to enable payments within the chosen period.

      When the Transport Provider appeals to the law and regulations in relation to sharing economy Vengo will, in accordance with those regulations, deduct the levy payable immediately at the source and transmit it for the account of the Transport Provider to the applicable service. Vengo will still transfer the amount to the account of the Transportation Provider, within the preferred payment period and as communicated through the Application, reduced with the earlier mentioned levy.

Article 13 - Liability

Vengo is not liable for any direct, indirect, occasional, exemplary, punitive, or consequential damages, nor for lost profits, data, personal injury or property damage directly or indirectly related to or resulting from any of the following circumstances:

The use of the application, or the inability to use this, including damage caused by malware, viruses or any incorrectness or incompleteness of the information of the Application, unless such damage is the result of intent or gross negligence on the part of Vengo.

The use of electronic means of communication with the Application, or the inability to use it, including but not limited to – damages resulting from failure or delay in the delivery of electronic messages, interception or manipulation of electronic messages by third parties or by computer programs, used for electronic communications and transmission of viruses.

A wrong declaration of data by the End Customer or by the Transport Provider, including but not limited to a wrong indication of license specifications, sizes and weights of the goods, capabilities of the means of transport, delivery times.

The transport services provided by the Transport Provider, or actions, activities, practice or behaviour and/or negligence on the part of the Transport Provider. All complaints about transport services, which are provided by the transport provider should therefore be submitted to the Transport Provider. Vengo may require the transport to be immediately discontinued if there are reasons to suspect that damage, of any origin, can arise.

Social, fiscal and VAT claims and/or liabilities and that understood in the broadest sense - of or with respect to the User, Transport Provider or End Customer as a result of the use of the Application or the delivery of the Service and this understood in the broadest sense.

Incorrect appeal to the legislation of sharing econmy.

Lack of reporting of the activities concerned, as arranged by the regulation of the social status of self-employed persons.

Without prejudice to what stipulated in these terms and conditions and to the extent permitted by mandatory applicable law, in no event shall the total liability of Vengo exceed the amount of 500.00 (five hundred) euro and in any case be limited to the equivalent of that amount in the currency that by the End Customer used for the payment of transport services to Vengo.

The quality of transport services requested through the use of the application or service, is entirely the responsibility of the Transport provider, which eventually confers such transport services to the End customer.

The End customer is responsible for the cost of repair for any damage to, or necessary cleaning of vehicles and property of the Transport Provider as a result of the transport of the requested good, if the damage or necessary cleaning exceeds the normal limits of transport.

Users undertake to entirely and completely safeguard Vengo and its officers, directors, employees and agents from any and all damage claims, demands, losses, liabilities and expenses (including attorneys ' fees) arising from or regarding:

Their use of the Application or the Service or services or goods obtained through the use of the Application or Service;

The violation of these Terms and Conditions;

The use of the user content by Vengo; or

The violation of the rights of third parties.

In no case shall the Application and/or the Platform be used to transport dangerous goods (as defined in the regulations applicable to the transport of dangerous products including ADR, CMR, IMDG-code, IATA) and other goods for which a permit is required to transport (said also, supra).

In each scenario the End customer exempts Vengo and/or the Transport Provide, and this without any exception, of guarantees for compensation for damage, loss and/or damage that is the direct or indirect result of:

Failure by the End customer or his employee to draw up a consignment note and to mention that the carriage is subject to the provisions of the CMR Treaty within the meaning of art. 7 paragraph 3 of this Convention.

Intent and gross negligence by the End customer and by extension its business leaders, managers, directors and associates.

War, civil war, revolution, mutiny, insurrection or civil disorder the resulting from this or any hostile act committed by or against a belligerent power; hijacking, seizure, arrest, or detention under injunction which is the result of the above events, as well as the consequences of it and any attempt to do so; abandoned mines, torpedoes, bombs or other abandoned weapons of war.

Strikers, agitators or persons who take part in a riot, lockout or to disturbances caused by labor disputes, as far as these are part of the staff of the End customer.

The blatant non-compliance with the legal and administrative regulations specific to the transportation of goods by road preventing the normal course of transport.

The non-compliance with the requirements of the ADR (European Treaty concerning the international carriage of dangerous goods by road) or the ATP-Agreement (agreement on the international carriage of perishable foodstuffs) whereby the security of the goods is compromised.

The development of weapons or devices intended to explode by structural changes in the atomic nucleus.

The development of nuclear fuel, radioactive products and radioactive waste or any other source of ionizing radiation.

Flexa risks (damage or loss caused by fire, lightning, explosion or collision of aircrafts) during storage/handling in depot.

Stock differences and/or simple disappearances.

Seizure, confiscation, fines, infringement of the laws, administrative rules, suppression by customs or any other recognized or unrecognized Authority.

Smuggling, prohibited or illegal traffic, false statement.

Loss of use, failure to comply with terms and all other indirect harm.

Influence of temperature and/or the humidity of the air, inherent defect.

Modification of the atomic nucleus, radioactivity, production of ionizing radiation – for example nuclear detonations – radiation outgoing from radioactive substances or resulting from Atomic accelerating machines, abnormal heating of a nuclear power plant.

Defective or malfunctioning of the machinery and/or equipment for the transport of goods under controlled temperature and/or thermal insulation, when less than 8 consecutive hours.

Terms of insurance

The principles set out in this chapter only relate to the insurance conditions and obligations of the User, they do not in any way affect the liability and responsibility of the User, and should therefore be interpreted in the strictest sense in case of possible lack of clarity.

Article 14 - Obligations use application/delivery service and insurance
  1. The transport provider allows for its own account the insurance of the transport damage. He will point out in his insurance policies that any benefits will be done by the insurance company directly to the person who has really suffered the damage. At first request the Transportation Provider will grant access to Vengo to the concerned insurance policies.
  2. The Transport Provider will if he chooses to transport one of the aforementioned excluded goods, do this at his own responsibility and risk and the Transport Provider will in this scenario safeguard Vengo from all damages and consequences that the goods suffer as a result of the transport. In addition, the Transport Provider is bound to inform Vengo about the nature of the goods if they belong to one of the mentioned excluded categories. Vengo excludes any responsibility with regard to the nature of the goods and for the transportation and delivery hereof. The Transport Provider expressly acknowledges to be familiar with and to accept this exclusion of responsibility.
  3. The transport provider should always vouch for the insurance of its own vehicle and will not be able to exercise recourse against Vengo because of damage to his vehicle caused by the transport of the Goods offered by the End customer.
  4. The transport provider is required to refuse and, if necessary to return to the End Customer, all goods that do not correspond to the description indicated by the End customer or the Platform or that are not permitted in accordance with the terms and conditions.
Article 15 - Endorsed policies

In accordance with the General conditions as well as the agreed and particular clauses that are described in these insurance conditions, the bvba Vengo has endorsed insurance policies at the company(s) represented by NV Induver insurance, with social Office at 3550 Heusden-Zolder 9 market square, bus 22 and registered with the competent authorities under the following numbers:

  • FSMA-nr.: 013911A
  • RPR: 0441.034.947

The endorsed policies that the SPRL Vengo has ratified, acting for its own account and/or account of who it may concern, are clarified in the following insurance conditions:

  • For all forms of transport including road transport transport carried out by the self-employed without permit or private individuals: "subscription policy transport" for the amounts that, however, do not exceed the total amount of max. €5,000,-or equivalent in another currency;
Article 16 - Insured assets

All general goods that are part of the professional activity of the End customer are insured for damage, theft and non-delivery. The following goods however are excluded from any claim on insurance from Vengo or of the Transport Provider by the End customer:

  • A.D.R. products (hazardous products), refrigerated food or other refrigerated transport, medical devices & medication;
  • Radioactieve material and products;
  • Precious metals (gold, platinum and silver) wether or not modified or coined, ornaments, natural or cultural pearls, gems, jewelry, furs, Oriental rugs and other valuable objects;
  • Effects, coupons, cash, cheques, promissory notes and/or documents payable to bearer and all kinds of documents;
  • Art objects, antiques and /or objects from conoisseurs collections;
  • Living animals;
  • Living plants or cut flowers;
  • Software;
  • Cigarettes and cigars;
  • Shipments against cash on delivery;
  • Alcoholic beverages and liqueurs;
  • Glass plates and glass for windows and doors and related fragile goods;
Article 17 - Exclusions

Is always excluded from insurance – without prejudice to the liability of the user – the fee by total/partial loss, damage, delay in delivery and/or costs caused by:

  • Failure by the End customer or his employee to draw up a consignment note and to mention that the carriage is subject to the provisions of the CMR Treaty within the meaning of art. 7 paragraph 3 of this Convention.
  • Intent and gross negligence by the End customer and by extension its business leaders, managers, directors and associates.
  • War, civil war, revolution, mutiny, insurrection or civil disorder the resulting from this or any hostile act committed by or against a belligerent power; hijacking, seizure, arrest, or detention under injunction which is the result of the above events, as well as the consequences of it and any attempt to do so; abandoned mines, torpedoes, bombs or other abandoned weapons of war.
  • Strikers, agitators or persons who take part in a riot, lockout or to disturbances caused by labor disputes, as far as these are part of the staff of the End customer.
  • The blatant non-compliance with the legal and administrative regulations specific to the transportation of goods by road preventing the normal course of transport.
  • The non-compliance with the requirements of the ADR (European Treaty concerning the international carriage of dangerous goods by road) or the ATP-Agreement (agreement on the international carriage of perishable foodstuffs) whereby the security of the goods is compromised.
  • The development of weapons or devices intended to explode by structural changes in the atomic nucleus.
  • The development of nuclear fuel, radioactive products and radioactive waste or any other source of ionizing radiation.
  • Are excluded, the losses and the damage caused to the insured objects when these losses and damage are the direct result of a process of manufacture, processing, treatment, or any other process; are also excluded, the aforementioned losses and damage incurred as a direct result of acts of assembly, disassembly and installation, as well as of the use, of the insured objects;
  • Flexa risks (damage or loss caused by fire, lightning, explosion or collision of aircrafts) during storage/handling in depot.
  • Stock differences and/or simple disappearances.
  • Seizure, confiscation, fines, infringement of the laws, administrative rules, suppression by customs or any other recognized or unrecognized Authority.
  • Smuggling, prohibited or illegal traffic, false statement.
  • Loss of use, failure to comply with terms and all other indirect harm.
  • Influence of temperature and/or the humidity of the air, inherent defect
  • Modification of the atomic nucleus, radioactivity, production of ionizing radiation – for example nuclear detonations – radiation outgoing from radioactive substances or resulting from Atomic accelerating machines, abnormal heating of a nuclear power plant.
  • War, revolution, mutiny, riot, strike, lock-out, hostilities, acts of malice & terrorism;
  • Defective or malfunctioning of the machinery and/or equipment for the transport of goods under controlled temperature and/or thermal insulation, when less than 8 consecutive hours.
Article 18 - Insured value and maxima

The End customer will be able to opt for an insurance against compensation offered by Vengo, with the following options (which from time to time can be modified by Vengo on a discretionary basis after explicit message):

  • A full waiver of recourse towards Vengo;
  • An insurance for damage to the insured maximum of 500,00 EUR;
  • An insurance for damage for the insured maximum of 1.250,00 EUR;
  • An insurance for damage to the insured maximum of 2.500,00 EUR;
  • An insurance for damage to the insured maximum of 5.000,00 EUR.

The evaluation of the insured value will be based on the invoice. The transport costs, freight charges, customs duties, expected profit, any value increases and VAT shall under no circumstances be assured.

In case of damage the intervention of the insurer depends on the insurance option chosen by the End Customer. Depending on the Goods and the Transport Provider one or more options are offered to the End Customer. These opportunities are not complementary and therefore there will always be one possible insurance option to be chosen by the End Customer.

In the event of underinsurance the selected insurance will reimburse the damage only in proportion to the insured limits and the right amounts in risk.

If the End Customer selects the option of the Application of a complete waiver of recourse towards Vengo, this has the consequence that Vengo is under no contractual liability as a broker – freight forwarder nor as an actual carrier where it concerns the transported goods, specifically the direct and material damage, including theft and non-delivery caused to the goods and/or objects of third parties.

In the selection of the End customer to take out an insurance for an exact yet limited value of the goods within the predefined limits of 500 EUR, EUR 1250, 2500 EUR or 5000 EUR, coverage will be provided for all material damage and/or losses during road transport (according to article 6.5 of the Property insurance of Antwerp DD. 20/04/2004).

It is always the responsibility of the End customer to check the Transport Provider on his possession of a C.M.R.-insurance, if the End customer considers this necessary. Vengo will only play a facilitating role in the delivery of the necessary data of the Transport Provider. In any case, the C.M.R.-insurance only covers for the execution of the transportation by Transport Providers with a transport permit and a valid C.M.R. document. However, Vengo never checks the connected Transport providers explicitly on their possession of these documents as a C.M.R.-goods insurance or other cargo insurance. The End customer will not be able to hold Vengo liable for damages according to the C.M.R.-Convention, other similar laws or general conditions of carriage, as for example used AVC (Netherlands), RHA (UK) or contrats types (France) that are applicable in the country within which the transport is carried out.

Article 19 - Exemptions

In case of damage the exemption on the part of the Insurer depends on the by the End Customer chosen insurance option as described above.

At the option of complete waiver of recourse an exemption for 100% of the damage claim will be valid.

When opting for damage up to a certain maximum amount of 500,00 EUR, 1.250,00 EUR, 2.500,00 EUR or 5.000,00 EUR the exemption is nil.

Article 20 - Beginning and end guarantee

The warranty commences at the time that the goods and/or objects are taken, in exchange for the document to be drafted by the Transport Provider, and ends at the time they have reached and been unloaded at the destination listed on the consignment document. If no consignment document is signed, under no circumstances the in Article 5 mentioned C.M.R.-insurance applies. All other insurances will remain in full force and commence at the time that the Transport Provider indicates in the Application to have taken the goods and end at the time that these have been indicated in the Application to have arrived at the destination.

Article 21 - Coverage area

The by the End Customer chosen insurance is only valid for damage or loss to the Goods within the European Union, Switzerland and Liechtenstein.

Article 22 - Means of transportation and packaging

Damage or loss will only be guaranteed through the insurance if it is transported by road transport. Transport can also be carried out by the self-employed without transport permit or private individuals.

The packaging must be customary and adjusted to the nature of the goods and the intended journey, this is to say, according to the business practices.

Article 23 - Applicability

Are applicable according to this insurance conditions, the goods for own account or by whom it may concern and, as far as there was given a mandate to ensure, for notice of a claim, according to the choice made in accordance with article 5.

All risks of intermediate storage as well as any transhipment as well as the risks related to the manufacturing process are not to be borne by the Insurer. Also the risks of war, strikes and riots are not covered.

Article 24 - Settlement of claims

Any damage claim must be declared to the Insurer as soon as possible via Vengo, i.e. as soon as the End customer has taken note of this.

In order to facilitate and speed up the settlement of damage, the End customer as well as the receiver of the goods are requested to transmit to the Insurer, in the shortest time possible, through the mediation of Vengo, a complete file, consisting of the following documents:

  • An expert report of damage report
  • The original purchase invoices
  • The original transport document (full set in case of total loss) showing the correct entries of the precise and complete damage
  • Copy of the protest letter to the carrier, which is held responsible, as well as any original answer of this latter
  • All other documents relating to the damage, such as photos, weightings, and so on.

If the End Customer fails to submit the completed documents, Vengo will be exempt from any compensation for damage and/or losses during road transport caused by an accident as well as in the event of loss and/or theft of the Goods in General. For submitting an insurance file or questions regarding refunds you can contact us via info@vengo.technology or via the phonenumber +32 11 91 08 91.

Final provisions

Article 25 - Act of God
  1. In cases of force majeure (Act of God), the implementation of the agreement shall be suspended as long as the cause of force majeure makes the execution impossible for Vengo and/or the Transport Provider, without the customer being able to claim any form of compensation and/or termination of the agreement. At permanent force majeure is the End customer is obliged to pay, in a reasonable relation to the price for the entire delivery, for that portion of the goods that have been delivered.
  2. Force majeure shall include and not be limited to: war, danger of war and insurrection, obstructing measures of domestic and foreign authorities, fire, strikes, sabotage, full industrial action, overall transport stoppages, shortcomings of suppliers and other non foreseeable circumstances whereby the execution of the contract is temporarily or permanently impossible.
Article 26 - Dissolution of the agreement
  1. Unless otherwise agreed in writing Vengo is entitled to unilaterally terminate the agreement with the User subject to payment of the goods already delivered and accepted and/or the achievements.
  2. Vengo is entitled to suspend at its own discretion the General conditions between the User and Themselves in whole or partially, by means of a written statement without legal intervention and with immediate effect, to terminate the terms and conditions without Vengo to be held to pay any compensation in the case of:
  • A failure by the user in the fulfilment of one of its obligations under the terms and conditions and/or agreements related to these;
  • Inappropriate use or improper behavior in the use of the application by the User, or inappropriate behavior in the provision of the service, including, but not limited to discriminatory behaviours, aggressive behavior and incitement to deviation from the general terms and conditions;
  • A procedure of judicial reorganisation or declaration of bankruptcy of the User;
  • Sales, change of control or termination of the company of the User;
  • Revocation of authorisations of the User who are necessary for the implementation of the agreement;
  • Seizure of an important part of the business assets of the Transport Provider.
Article 27 - Statement regarding privacy and cookies

Vengo collects and processes personal data of the visitors to www.vengo.be and users of the Application in accordance with the statement regarding Privacy and Cookies.

Article 28 - Disputes
  1. These terms and conditions and any other contractual provisions between Vengo and the User are governed by Belgian law. The Vienna Convention of 11 april 1980 on contracts for the international sale of goods shall not apply.
  2. The user acknowledges by endorsing these terms and conditions, to have fully understood all descriptions in this language so that there is no possibility of error and the conditions provided for in this full version will be applied. The user can also consult the general terms and conditions in other languages such as provided for by Vengo.
  3. In case of dispute, according to the amount of the claim and the capacity of the customer, the Court of first instance Limburg (Rechtbank van Eerste Aanleg Limburg), Department of Hasselt, the commercial court of Antwerp, Department of Hasselt and the District Court of Hasselt have jurisdiction, without prejudice to the right to bring before the Court of the place of residence of the End customer, if Vengo considers this appropriate.
Article 29 - Miscellaneous
  1. Vengo can send notifications to the User through the application, via email, SMS or letter;
  2. The user shall send by registered mail notifications to Vengo addressed to the corporate headquarters of Vengo, Walenstraat 65, 3500 Hasselt, België.
  3. These terms and conditions are not transferable to the User. Vengo however can transfer the application, implementation and method it to an associated company.
  4. If one or more provisions of these general terms and conditions should be declared null and void or would be impracticable because of a change in the law or by any other reason, the legality, validity and the executable and enforceable character of the other provisions of the relevant article of the general terms and conditions and the terms and conditions in their entirety, as far as these still have some elaboration or raison d ' être, will not be affected. Parties undertake, to the extent of what is legally possible, to replace the invalid provisions by a new provision in accordance with the goals and choices of the general terms and conditions.
  5. If Vengo processes personal data in the implementation of the agreement, Vengo will act as the processor of personal data within the meaning of the law of 8 december 1992 on the protection of privacy with regard to the processing of personal data..

Date of commencement: July 1st 2017