1. Scope of application, acceptance and eligibility
By accessing the Platform or using our Services, you are giving consent that this T&C (as modified from time to time by the Sendbypass, as defined below) will automatically apply to you and the relationship between you and the Sendbypass and you will be bound by it accordingly.
You further acknowledge that you have read, understood, and agreed to this T&C and our Policies.
You also confirm that you are 18 years old or above to use our Services. By using our Services, you represent and warrant that you have the legal capacity and authority to agree and consent to this T&C.
Sendbypass reserves the right to modify this T&C (and subsequent modifications) at any time. Changes and modifications of any kind and nature will be effective immediately upon posting on our website. Your continued use of our Platform or Services after any modifications indicates your acceptance of and consent to the modified T&C.
Sendbypass may at its sole discretion (including after the death of a User) terminate your Account and prevent you from accessing the Platform and from the Use without the need for prior notice to you and without being obligated to pay any damages or make any other remedy of any type or form.
2. Definitions
Account: a profile account in the Platform created by a User.
Application: Any PC (Windows or Mac) or mobile application (iOS and Android) of Sendbypass.
Costs: any costs and charges borne by any User for the Use.
Consent: a User’s consent given unconditionally and irrevocably to Sendbypass on any occasion stipulated in this T&C.
Consignee: A person who is the receiver of a package from a Traveler.
A Consignee may be a User too. Consignor: a User who uses the Services for sending package(s) via a Traveler.
Fee: the amount payable by the User for the Use of the Platform.
Governing Law: the Law provided in Section 11 of this T&C.
Laws and Regulations: the laws and regulations applicable as the case may be, including the airline regulations, laws applicable on the cargo or a User, import/export laws and the like.
Platform: any of the Website or Application.
Policy: Any policy (collectively, Policies) which may be put in place by the Sendbypass in relation to various matters applicable in relation to the Sendbypass and the Users, as amended by the Sendbypass from time to time, such as the Privacy Policy.
Sendbypass: is the business of Sendbypass and any company registered for this purpose, owning the Platform and related brands, providing the Services to Users.
Sendbypass may also be referred to as “we”, “us”, “our” in this T&C.
Services: our services as described in Section 3 of this T&C provided via the Platform.
T&C: these Terms & Conditions and their subsequent amendments from time to time by the Sendbypass.
Use: using the services of a User via the Platform or offering any services via the Platform to a User.
User: any person who uses the Services.
More than one User will be referred to as “Users”.
User or Users may also be referred to in this T&C as “you”, “you” or “yours”.
Traveler: a User who travels and carries out items for the Consignor.
Validation: the process of validating a User by Sendbypass prior to Membership.
Website: www.sendbypass.com
3. Services
We provide an online platform that connects travelers who are willing to carry air cargo with individuals or businesses that need to send cargo by using the Platform. Sendbypass acts solely as an intermediary and is not responsible for the actual transportation of cargo. Details of the Services are described on the Website which may vary from time to time. Nothing in this T&C and providing the Services is intended to, or will be deemed to, establish any partnership or joint venture between Sendbypass and its Users in connection with the Services or anything else.
Cancellation and refund policies are detailed on our website. Users may be entitled to a refund or credit under certain conditions, as outlined in our policies.
Subject to compliance with Section 4 of this T&C, the items under shipment are owned and all risks are borne by the Consignor until the package is delivered to the Consignee.
We recommend that Travelers procure their own insurance to cover the risks relating to shipment of a cargo. We may, without being obligated to, recommend insurance services through third-party licensed insurance underwriters.
4. User responsibilities
Users hereby agree to comply with all applicable laws and regulations, including the Governing Law, those related to air travel, customs, and import/export controls. Users are solely responsible for the accuracy and legality of the cargo they send or carry.
If the Traveler fails its obligations in relation to delivery of a package, he/she will be personally liable towards the Consignor. Furthermore, Sendbypass reserves its rights to take requisite actions such as suspension of the Traveler’s account and seeking damages.
5. Prohibitions
Users must not send or carry any items that are illegal, hazardous, prohibited under the Laws and Regulations, Governing Law, or restricted by customs authorities. Sendbypass reserves the right to refuse or cancel any shipment that in its sole discretion violates the foregoing.
6. Fees and payment
Users agree to pay all fees associated with the Services to Sendbypass. Fees are detailed on our website and may vary based on factors such as weight, distance, and service type. Payments are processed through our third-party payment provider(s), and Users agree to their terms and conditions as part of accepting this T&C.
7. Disclaimers
Sendbypass will not be liable for any loss, damage, delay, or mis-delivery of cargo. Our Services are provided “as is” without warranties of any kind. Users will assume all risks and bear all liabilities associated with the transportation of cargo and Use.
8. Limitation of liability
To the maximum extent permitted by law, Sendbypass, its employees, officers and directors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising out of or in connection with this T&C or the use of our Services. If Sendbypass, its employees, officers and directors found liable, the total liability for claims arising out of or relating to this T&C or the relationship between us, including any implied warranties, is limited to the amount you paid us for the Services or the sum of one hundred Euros (€100), whichever the lower.
9. Third-party relations
The relationship between Users is governed by the contract entered in writing or de facto between the Users which will not be binding on as a third party. Users will not have recourse to Sendbypass for the faults of other Users.
10. Indemnification
Users agree to indemnify and hold harmless Sendbypass, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal and attorney fees) arising out of or related to their use of our Services or violation of this T&C, or arising from the breach of the Users obligations vis-à-vis other Users.
11. Governing law
This T&C is governed by and construed in accordance with the laws of Lithuania, without regard to its conflict of laws rules.
12. Dispute settlement
In the event of a dispute between Users, Sendbypass may, but is not obligated to, assist in resolving the issue. Users agree to attempt to resolve disputes between themselves amicably and in good faith without involving Sendbypass otherwise, the claimant has to bear all costs and expenses of Sendbypass including the attorney fees for involving Sendbypass into such disputes.
All disputes between Sendbypass and the Users will be settled amicably and in good faith within 60 calendar days otherwise, will be exclusively dealt with by the Rules of Arbitration of Vilnius Court of Commercial Arbitration (“VCCA”) by a sole arbitrator in Vilnius city in English. The decision of the VCCA will be binding and enforceable on the disputing parties.
13. Miscellaneous
Entire Agreement. This T&C constitute the entire agreement between Users and Sendbypass and governs the Use, superseding any prior version of this T&C.
Severability. If this T&C or any part of it becomes invalid, illegal or unenforceable by a competent court of law or by the VACC, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such a modification is not possible, the relevant part will be deemed deleted. Any modification to or deletion of a part will not affect the validity, legality and enforceability of the rest of this T&C.
Transferability. Users are not entitled to transfer their account and any rights and obligations relating to it. Assignment. Sendbypass may assign in whole or in part this T&C and the Policies, at will, including all related rights, obligation, consents, permissions, and the like and without notice.
Statute of Limitations. You agree that notwithstanding any statute of limitations under the Laws and Regulations and the Governing Law, any claim or cause of action arising out of or in relation to this T&C or the Use must be filed within one (1) year after such claim or cause of action arose otherwise, it will be indefinitely barred.
14. Contact and queries
For any questions or queries or request for clarification regarding this T&C or our Policies and their interpretation or application, please email us at [email protected] or call us on +37069391091 during office hours in Lithuania ie, from 9am to 5pm during working days.
