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.
Name and first name;
Valid and approved means of payment (creditcard or other).
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 …
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.
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.
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.
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).
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.
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.
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.
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.
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.
The user will never offer these goods, accept, deliver, transport or relate it to the service or Platform:
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.
Vengo sets the application at the disposal of both professional and non professional Transportation Providers.
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.
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.
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.
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).
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
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.
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.
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.
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.
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:
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:
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:
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:
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):
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.
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.
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.
The by the End Customer chosen insurance is only valid for damage or loss to the Goods within the European Union, Switzerland and Liechtenstein.
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.
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.
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:
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 firstname.lastname@example.org or via the phonenumber +32 11 91 08 91.
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.
Date of commencement: July 1st 2017