Terms & Conditions
Last updated: February 2019
Acceptance of Terms
Welcome to Zwick Smart Locker owned and operated by Zwick, an Italian corporation (collectively "Zwick"). Zwick provides tools and technology to make it easier than ever to send and receive packages on your schedule. Zwick uses website, mobile application, a connected parcel locker, software, processes and services to allow users to accept and send packages (collectively the "Services").
By using the Services, you agree to comply with and be legally bound by these Terms & Conditions ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Zwick. In these Terms, "you", "your" and "User" refer to the individual or entity that uses the Services. "We", "us", or "our" refer to Zwick. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its Users, its Administrators, and its affiliates to these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT REGISTER AS A USER AND YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
Zwick reserves the right to modify or discontinue, temporarily or permanently, any aspect of the Services at any time and without prior notice. Zwick may also modify these Terms at any time. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification of these Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cancel your account and stop using the Services.
Eligibility; Digital Signature
The Services are intended solely for persons who are 18 or older who are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Services are not intended for children under 13; if you are under 13 years of age, then please do not use the Service.
By registering for a free User Account, or by clicking to accept these Terms, you are deemed to have executed these Terms electronically, effective on the date you register your Account. Your creating of a User account constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms, and any amendments.
How the Services Work
The Services consist of tools, technology and services available via a platform by which Users with a current and valid User Account can accept and send packages.
To access and use the Services, you must register an account ("User Account") and become a User. You agree to provide accurate, current and complete information during registration and to update such information to keep it accurate, current and complete. You agree that you will safeguard your password and that you are solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your User Account. Zwick assumes no responsibility for User Account information.
To use the Services, you also must be registered with a Zwick Smart Locker.. You will receive push notification via the Zwick app regarding when any package is delivered to your Locker or picked-up from your Locker for delivery. If you experience any technical or other difficulty in retrieving your package from your box, please contact us at email@example.com.
Zwick's role is solely to facilitate the availability of the Services, including Lockers, and to provide support related thereto. Zwick is not a courier and is not involved in the transportation of packages.
User Representations and Warranties
By submitting the User registration form, you represent, warrant and agree to the following:
• You are at least 18 years of age, are authorized to create a User Account, and have full power and authorization to enter into these Terms.
• You accept and agree that we have no responsibility or liability for the storage or transmission of packages, and that all aspects of package shipping and delivery remains controlled in all respects by the relationship between you, any delivery service which uses your Locker, and any company sending packages to you. Your Locker is in your control and you are responsible for your packages as if you engaged personally with the delivery service.
All trademarks, service marks, logos, trade names and any other proprietary designations of Zwick used herein are trademarks or registered trademarks of Zwick. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
License to Services and Zwick Content
Subject to your compliance with these Terms, Zwick grants you a limited, non-exclusive, revocable, non-transferable license to access and view any Zwick Content to which you are permitted access, solely for your personal purposes.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Zwick Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Zwick or its licensors, except for the licenses and rights expressly granted in these Terms.
Termination and User Account Deactivation
These Terms will continue in full effect unless and until your account or these Terms are terminated as described herein. You have the right to deactivate your account at any time by using the account deactivation interface provided in the Zwick app. Only Owners have the ability to deactivate and delete team accounts. All accrued rights to payment and rights granted to Zwick, as well as the terms below, shall survive termination of these Terms.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ZWICK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ZWICK MAKES NO WARRANTY THAT THE WEBSITE, APPLICATION, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE FURTHER DISCLAIM ANY GUARANTEE THAT THE BOXES OR ITEMS DEPOSITED IN THEM WILL NOT BE SUBJECT TO THEFT, FIRE, WATER DAMAGE, INCLEMENT WEATHER, VANDALIMS OR LOSS OR DAMAGE GENERALLY..
YOU ARE SOLELY RESPONSIBLE FOR ALL PACKAGES SENT OR RECEIVED BY YOU UNTIL A DELIVERY SERVICE TAKES LEGAL POSSESSION ACCORDING TO THE TERMS AND CONDITIONS OF THAT DELIVERY SERVICE. AT NO TIME IS ZWICK IN POSSESSION OF OR IN ANY WAY RESPONSIBLE FOR ANY PACKAGE, INCLUDING WHEN IT IS CONTAINED WITHIN YOUR BOX. YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD ZWICK HARMLESS IN CONNECTION WITH ANY CLAIM AND ANY DAMAGES OR EXPENSES ARISING FROM YOUR USE OF THE SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER ZWICK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERYING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUR OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZWICK HAS BEEN INFORMED OF THE POSSBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Zwick and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms; (c) your User Content; (c) your reliance on any information exchanged via the Services; (d) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (e) any claim that you or your User Content caused damage to a third party. Zwick shall have the right to control all defense and settlement activities.
You may not assign or transfer these Terms, by operation of law or otherwise, without Zwick’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Zwick may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Zwick (i) via email to the email address on your account or (ii) by posting to the website or via the application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You may provide notice to us by email at firstname.lastname@example.org
Applicable Law and Place of Jurisdiction
All legal relations between the customer and Zwick shall be subject to Swiss substantive law. The Vienna Convention on the International Sale of Goods shall not apply. The courts of Zwick’s registered office and principal place of business shall have exclusive jurisdiction and venue. However, Zwick is also free to appeal to the court of competent jurisdiction at the registered office and principal place of business or domicile of the customer.