ZITICITY (UAB „Miesto Logistika“, hereinafter “ZITICITY” or the “Company”) is a limited-liability company registered under the laws of the Republic of Lithuania, registration code 304606991, address S. Stanevičiaus g. 96A-46, LT-07103, Vilnius, Lithuania.
I. Application of the Terms & Conditions
- 1.1. This document is a contract between ZITICITY and You (the "Client") for the provision of the goods Delivery services to destination indicated by the Client, unless agreed otherwise in written separately.
- 1.2. By using the Client Application, Client confirms that you are familiar with the Terms and Conditions of this Agreement (the "Terms"), agree to the Terms and undertake to follow them. If the Client does not agree unconditionally and irrevocably to fulfill and comply with all obligations set forth in these Terms, then Client shall not be entitled to use services provided by the ZITICITY.
- 1.3. ZITICITY provides goods Delivery services for the price indicated in Client Application, which is accepted by the Client.
- 1.4. ZITICITY undertakes to provide Services only within the territory and working hours specified to the Client in the Client Application.
- 1.5. In addition to these Terms, the relationship between the Client and the ZITICITY shall be also governed by the applicable laws of the jurisdiction, in which the Services are provided, which is the location where the Client’s goods are delivered. If any provision of these Terms is inconsistent with the laws of higher hierarchy or for any reason becomes partially invalid, it shall not invalidate other provisions of the Terms.
- 1.6. All intellectual property rights provided by the ZITICITY to the Client – or vice versa – for the purpose of provision the Services shall not be transferred to other party and shall remain as the ownership of the ZITICITY of the Client, respectively.
- 2.1. Client – private individual or the corporate entity represented by a authorised individual, who requests Delivery service from ZITICITY.
- 2.2. Client Application – software enabling access to the ZITICITY services, including but not limited to the Merchant Dashboard, E-shop modules and API integrated application.
- 2.3. Order – a Delivery request by Client through Client Application.
- 2.4. Delivery – service provided by ZITICITY to transport package(s) between locations indicated by Client.
- 2.5. Courier - is an independent contractor (individual or company) from which ZITICITY buys package Delivery services.
- 2.6. Transport type – methods of transport (bicycle, e-scooter, motorbike, or a car (under 3.5t)) used by Couriers to deliver goods.
- 2.7. Package – item subject to Delivery request, with the exception of goods outlined in section 4.5
III. Procedural Terms for the Delivery
- 3.1. Under these Terms the Client purchases Package Delivery service to specific location indicated by the Client (“Service”) from the ZITICITY. Client submits the Order to ZITICITY by using Client Application.
- 3.2. ZITICITY manages a digital platform –Client Application– through which the Client submits Orders.
- 3.3. When placing an Order, Client is responsible for the accuracy and completeness of the information needed for the completion of the Order. Client provides information to the ZITICITY by filling-in mandatory fields of the Order form and may provide additional information if needed. Any inaccuracy of the information could hinder the provision of the Service. Including but not limited to, it shall include the following personal data of the person to whom the Package shall be delivered:
- 3.3.1. Pickup location and contact;
- 3.3.2. Delivery location(s), contact(s), and additional information that is provided about the address;
- 3.3.3. Information about the package(s);
- 3.3.4. Package(s) value;
- 3.3.5. Amount the recipient needs to pay for the package;
- 3.3.6. Pickup or delivery time.
- 3.4. Any modification of the already provided information may be subject to specific consequences indicated in the Terms, unless it does not affect the completion of the Delivery.
- 3.5. Client can place Orders every time he has a demand for it. Acceptance of the submitted Order by the ZITICITY shall mean that ZITICITY undertakes to complete the Order and find the Courier and the Client obliges to pay for the Services.
- 3.6. Once ZITICITY accepts the Order from the Client, ZITICITY undertakes to find the Courier who will be arriving to pick-up the Package and complete the Delivery.
- 3.7. Client undertakes to prepare the Package for the Delivery in due time, but no later than before the indicated time of the pick-up.
- 3.8. ZITICITY undertakes to use the best effort to pick-up the Package within a reasonable timeframe, taking into account Transport type, traffic, weather conditions and Package size. ZITICITY has no obligation to deliver Packages within any timeframe communicated as an estimate, or within any other deadline.
- 3.9. When Courier starts the Order, ZITICITY notifies the Client the following information about the Courier:
- 3.9.1. Name;
- 3.9.2. phone number.
- 3.10. When Courier starts the Order, ZITICITY notifies the person to whom the Package should be Delivered the following information about the Courier:
- 3.10.1. Name;
- 3.10.2. picture;
- 3.10.3. phone number;
- 3.10.4. real-time location.
- 4.1. Client undertakes to duly prepare the Package for the transportation.
- 4.2. Package shall not exceed the following size: 35 x 34 x 50 cm (length x width x height). Package shall not weight more than 20 kg.
- 4.3. In case Package exceeds any of the indicated parameters, Clients undertakes to pay extra cargo fee for each excess (size or weights) for each unit of the Package.
- For example, if Package consists of 3 units, of which 1 unit exceeds size limits and 1 unit exceeds weight limits, Client shall be charged for 2 units exceeding limits.
- For example, if Package consists of 5 units, of which only 4 fit into the indicated size limits, then ZITICITY charges the Client for 1 unit exceeding limits.
- 4.4. ZITICITY remains the right to refuse to complete the Delivery when, including but not limited to, Delivery of the specific Package may be forbidden in certain jurisdiction, it may harm the Courier, his vehicle or thermo bag.
- 4.5. ZITICITY will not Deliver the following items:
Animals and Regulated Species Animal parts or fluids; banned seeds, harmful plants; regulated plants or other organisms (including their by-products) which are endangered or whose trade is regulated by law as applicable in any case. Copyright on Software and Media Unauthorised copies of books, music, films and other protected or licensed materials, including properly referenced copies; and unauthorised copies of software, video games and other protected or licensed materials, including from OEMs or other products that cause unsolicited messages to be sent. Counterfeits and unauthorised products Copies or imitations of designer products or other goods; items belonging to celebrities that would usually require authentication; false autographs; foreign currency; stamps; tickets; or other unauthorised goods. Devices or tools for overcoming security measures Modems, chips or other devices for dismantling technical protection measures as well as on digital devices, including for unlocking iPhones. Drugs Controlled substances, narcotics, illegal drugs and their paraphernalia, including psychoactive and vegetable drugs such as psychedelic mushrooms, as well as materials promoting their use; or legal substances such as plants and herbs presented in a form that suggests they should be ingested, inhaled, extracted or used in any other way that may result in the same use as an illegal substance, drug or component or that claims to have unproven health benefits. Gambling and Betting Lottery tickets, bets, online betting site memberships/registrations, and related content. Permitted promotion of physical casinos. Materials for hacking and cracking Manuals, guides, information or equipment that infringes the law by damaging or fraudulently facilitating access to software, servers, websites or other protected property. Stolen or illegal goods Materials, products or information that promotes illegal goods or facilitates illegal acts; goods not belonging to a person or which a person has no right to sell; goods produced in violation of third-party rights; goods infringing import, export or labelling restrictions; motor vehicles that are subject to transfer restrictions. You are solely and fully responsible for checking that all items are genuine and legal. Illegal telecommunications equipment Devices aimed at obtaining satellite signals without payment, illegal products for modifying mobile phones and other equipment. Offensive goods related to a criminal offence Photographs of, or objects from, a crime scene, such as personal belongings, associated with criminals or criminal acts.
- Are defamatory of any person or group of people based on their race, ethnic origin or country of origin, religion, gender or any other factor.
- Are defamatory of any person or group of people who are protected from defamation by the applicable law (e.g. the royal family in some jurisdictions).
- Praise or incite the commission of violence.
- Promote intolerance or hatred.
- Promote or support membership of terrorist groups or other organisations that are prohibited by law.
- Are contrary to public morals.
Precious materials Bulk sales of rare, scarce or valuable stones or materials. Culturally protected artefacts Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer is restricted by law; artefacts, cave formations (stalactites and stalagmites); Pyrotechnic devices and dangerous substances requiring special permission Pyrotechnic items and related goods in markets in which their supply is regulated, as well as substances such as petrol or propane. Traffic-related devices Radars, number plate holders, illegal traffic-modification devices and related products. Weapons Firearms, ammunition and other items including, without limitation, firearms, knives that are either undetectable or easy to conceal, martial arts weapons, silencers, ammunition or ammunition magazines. Money and Foreign Currency Foreign currency or currencies insured with precious metals, as well as banknotes, coins or any other valuable securities
- 5.1. By submitting the Order though the Client Application, the Client expresses the acceptance with the pricing for the Services.
- 5.2. Pricing and other conditions are indicated before submitting the Order though theClient Application], unless agreed separately with the ZITICITY. The price and other terms of the Paid Services may also be stated on the order page for each particular Paid Service.
- 5.3. Client might be charged additional fees when Package(s) exceed size/weight limits and/or applicable waiting fees.
- 6.1. The ZITICITY is responsible for the Package from the moment when Courier collects the Package from the Client or other location indicated by the Client, and delivers the Package to the final location, indicated in the Order. This means that ZITICITY would be liable up to 200 Eur for the loss, destruction, damage to the Package and non-delivery of the Package, unless it is proved that this was not due to the fault of ZITICITY and/or his Couriers. After Client proves value of the Package, ZITICITY shall compensate the Client for damages arising from the loss, damage or non-delivery of the Package.
- 6.2. Neither ZITICITY nor the Courier are obliged to assess the integrity, quality or any other parameter of the Package. Client shall be fully liable for the quality of the Package, unless quality of the Package was affected by the unduly performance of the ZITICITY or the Courier during the Delivery.
- 6.3. The ZITICITY is responsible for the Delivery of the Package only. All claims regarding the Package must be addressed to the Client, unless proven otherwise and ZITICITY shall be held liable.
- 6.4. The ZITICITY undertakes to instruct the Couriers about all rights and obligations arising from these Terms.
- 6.5. In case the Client fails to give the Package to the Courier in 5 minutes when Courier arrives or package is not appropriately packed for the Delivery it is regarded that ZITICITY duly completed the Delivery and provided the Service and the Client shall be obliged to pay the full estimated price for the respective Delivery.
- 6.6. The Client is entitled to cancel the Order before ZITICITY confirms it. In case Client does not cancel the Order before ZITICITY confirms the Order and the Order is not yet allocated to the Courier, Client is obliged to pay 50% of the estimated Order.
- 6.7. Courier undertakes to wait for 5inutes to Deliver the Package at the location indicated in the Order.
- 6.8. In case Courier waits for 10 minutes and the person to whom the Package shall be delivered does not collect the Package or refused to collect the Package due any reason for which ZITICITY cannot be held liable, it is regarded that ZITICITY duly completed the Delivery and provided the Service and the Client shall be obliged to pay the full estimated price for the respective Delivery. Courier returns the Package to the Client for price indicated by the ZITICITY.
- 6.9. The Client is entitled to modify the location of the Delivery until the ZITICITY accepts the Order. Client may modify the location of the Delivery after the Couriers collects the Package for the additional price.
- 6.10. The ZITICITY undertakes to issue invoices for the provided Services on monthly basis until the 10th day of the following month. Client undertakes to review the invoice and inform the ZITICITY in case of any discrepancy no later than within 2 business days, otherwise ZITICITY confirms the invoice as correct.
- 6.11. The Client undertakes to pay the invoices no later than within 3 business days after issuance of the invoice. In case Client fails to make a payment within the indicated time, ZITICITY is entitled to stop the provision of Services to the Client.
- 6.12. In case the Client delays the payment, ZITICITY is entitled to request a 0,05% default interest from the outstanding amount for each day of the delay until the payment is made.
VII. Data protection
- 7.1. For the purpose of delivering Services to the Client, ZITICITY will share the personal data to the Client about the Courier; and the Client will share the personal data to the ZITICITY about the person to whom the Package should be Delivered. Client and ZITICITY shall be acting as personal data processors.
- 7.3. ZITICITY undertakes to implement appropriate organizational and technical measure to protect personal data from accidental or unlawful destruction, alteration, disclosure, as well as any other unlawful processing, and to ensure the protection of the data subject’s rights. ZITICITY also undertakes to take all personal data security measures required by applicable legislation.
- 7.4. When ZITICITY uses another data processor - ZITICITY courier - to perform specific personal data processing activities, the agreement shall impose the same data protection obligations on the other processor as the obligations imposed on the Contractor in this Agreement, in particular the obligation to ensure sufficient technical and organizational compliance. The measures will be implemented in such a way that processing personal data complies with requirements of data protection legislation. When other processor – ZITICITY courier – fails to fulfil its data protection obligations, ZITICITY remains fully responsible to the Client for the performance of the other processor’s obligations.
VIII. Intellectual property
- 8.1. All the information related to the execution of the Services under the Terms between the Client is confidential.
- 8.2. Both the Client and the ZITICITY shall not disclose the confidential information to any other third party (except for the cases where such disclosure is required by laws or competent governmental institution).
IX. Force Majeure
- 9.1. Neither ZITICITY nor the Client shall be liable for any delay or damage caused by an obstacle that the party could not control, such as flood or other weather conditions (heavy snow, storm) , fire, suspension of public transport, lockout or other similar action that the party could not reasonably have foreseen at the time of accepting the Order under the Terms or completing other obligations arising from the mutual cooperation between the Client and the ZITICITY.
- 9.2. Each party shall promptly notify the other party in writing of the occurrence of any force majeure circumstance.
- 9.3. In addition to these Terms, circumstances of force majeure shall be interpreted and applied in accordance with the applicable rules of the respective jurisdiction.
X. Other rules
- 10.1. As the Services are constantly being developed in order to ensure a more convenient and secure use of ZITICITY Delivery services, ZITICITY remains the right to unilaterally change the Terms.
- 10.2. ZITICITY shall notify the Client of any changes to the Terms by posting it on the Website www.ziticity.com
- 10.3. Changes to the Terms will take effect upon posting on the website.
- 10.4. By using the Services and submitting the Orders to ZITICITY after the entry into force of any changes to the Terms, Client confirms that it has become aware of such changes and fully agrees with them.