I. Introduction

Presentation

DeliWell is an online platform designed for Carriers and Beneficiaries through which they can collaborate both for their own interests and on behalf of third parties who can act as clients/beneficiaries, agents, or representatives.

Platform’s Purpose

Through the platform, DeliWell provides Users with a platform for trading, systematizing, contracting, and automating transportation operations. The platform’s purpose is to digitize and facilitate the transactions of users’ transportation activities by enabling direct communication between Carriers and Beneficiaries of transportation services, automating certain stages of the contracting process, and providing a virtual space for storing and accessing specific documentation related to transportation operations.

Exclusions

For the avoidance of doubt, in relationships between Users, Deliwell does not act as a reseller, commission agent, or intermediary of products/services promoted by Suppliers on the platform. By using the platform, no legal representation relationship is established between Deliwell and/or Carrier or Beneficiary regarding the services contracted by them through the platform.

II. Effect of Acceptance of Conditions

Before using the Deliwell platform, please read these provisions in their entirety and carefully. If you do not agree with the terms and conditions, including any updates to them, please immediately cease the use of the Deliwell online platform. Using the Deliwell online platform in any manner, confirming orders communicated through the platform, making counter-offers, requesting offers (even a single request), constitutes explicit and unequivocal acceptance of these Terms and Conditions (including any updates) and any other conditions displayed on the platform, in any format, including the “Terms and Conditions of Transport,” even in cases where the user is alleged to have failed to review the applicable terms and conditions. To initiate or continue usage, we may request you to update your agreement with this set of Terms and Conditions and subsequent documents through a specific action, signifying unequivocal consent (e.g. checking a specific box). Ignoring or refusing such a request entitles the platform to interrupt access to the services it offers.

III. Definitions

User – The term “User” includes both the Carrier and the Beneficiary of transport services. When used, the term will denote both categories. When referring specifically to one of the categories (Carrier or Beneficiary), the text will explicitly use that respective category.

‍Carrier – any User offering transport services in their own name or as a freight forwarder/intermediary.

‍Beneficiary – any User using the platform to identify and conclude transport contracts through it, within which they hold the status of beneficiary and/or payer of transport services.

‍Request for Quote – the request sent by the Beneficiary through the platform to one or more carriers or freight forwarders, including the minimum necessary and obligatory details for formulating an offer.

‍Offer – the response to a request for a quote that fully complies with the conditions in the request for a quote. These offers are binding and obligatory for the offeror under the conditions specified in their content.

‍Counter-Offer – the response to a request for a quote that modifies one or more conditions from the request for a quote. These offers are binding and obligatory for the offeror under the conditions specified in their content.

IV. General Conditions

4.1. User Account Registration

4.1.1. Access to the services provided by the platform can be achieved by creating a User account following the User account creation steps communicated by Deliwell.

4.1.2. Registered Users have the obligation to provide and/or confirm all identification data requested in the registration form available on the platform.

4.1.3. The information provided for the creation of the User account must be real, complete, and accurate. Deliwell reserves the right to verify the User’s public data through public databases (e.g., accuracy of the tax code registered on the Ministry of Finance’s website).

4.1.4. In case the information provided during the creation of the User account is subsequently modified, the User is obligated to promptly update the respective information contained in the User account.

4.1.5. Each User can create only one User account on the Deliwell platform. Simultaneous registration of multiple User accounts is prohibited. The User account is not transferable.

4.2. Deliwell reserves the right to delete User accounts that have been inactive for a period of 6 months.

4.3. Deliwell reserves the right to delete User accounts whose email address has not been confirmed within 30 days of account creation. Confirmation of ownership of the email address used for account creation can be done by accessing the special links provided in the emails notifying the account creation and requesting confirmation.

4.4. Without a valid and confirmed email address, the account cannot function.

4.5. By creating the account, the User declares and guarantees, explicitly, that:

a) They use the platform for specific purposes related to their authorized commercial activity.

b) All provided information is complete, true, and accurate.

c) They understand and agree that, in addition to the provisions in the Terms and Conditions, certain Services may be governed by specific rules. Any such rules may be published separately and unilaterally modified by Deliwell.

d) They understand that they are solely responsible for the security of the User account and account password and will not allow others to access the User account. Any breach or suspicion of account security breach must be immediately reported to Deliwell. The Company shall not be held liable for any damage caused due to violations of account security related to conduct, the User, or any person authorized by the User to access and use the User account, including, but not limited to, cases where the computer systems used are infected with viruses or other malware programs, or the device on which the User is logged in is accessed by any other person, or the security of the email account associated with the User account is compromised in any way.

4.6. Users are not entitled to use automated means, including scripts, robot-type applications, bots, spiders, crawlers, and/or any computer applications/programs that can deceive or simulate certain activities or statuses on the platform (such as geolocation data) or in any way exploit certain features or vulnerabilities of the platform to gain advantages, for themselves or other Users, in terms of using the Services offered through the Deliwell platform.

4.7. Deliwell reserves the right to restrict or exclude Users’ access to the Platform, as well as to delete or restrict the User account. In case Deliwell believes that the User’s activity may have implications that could result in the requirement, under the conditions of the law, to provide specific information and data regarding the User’s activity on the platform, Deliwell reserves the right to retain such information after deleting the account and/or prohibiting access.