Terms and Conditions
Please read these Terms and Conditions carefully before using TheVanApp platform.
Last updated: April 2024
1. Introduction and Acceptance
These Terms and Conditions ("Terms") govern your use of the TheVanApp platform, including our website, mobile application, and all related services (collectively, the "Platform"), operated by Asergis Operations Limited, a company registered in Malta, with its registered office at Suite 17, Stonegate, 20 Triq Bernadette, San Gwann SGN 1467, Malta ("TheVanApp", "we", "us", or "our").
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform. These Terms apply to all users of the Platform, including customers, drivers, fleet operators, and business clients.
We reserve the right to update these Terms at any time. We will notify you of any material changes by posting the updated Terms on the Platform. Your continued use of the Platform after any changes constitutes your acceptance of the new Terms.
2. The Platform and Services
TheVanApp is an on-demand van booking platform that connects customers who need to move items with vetted, professional van drivers. The Platform offers three primary service types: Van by Item (fixed price per item), Van by Hour (hourly rate), and Van by Day (full-day rate).
TheVanApp acts as an intermediary between customers and drivers. We do not own or operate the vehicles used to provide the transport services. The transport services are provided by independent drivers who use the Platform to connect with customers.
We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.
3. User Accounts and Registration
To use certain features of the Platform, you must create an account. You must provide accurate, complete, and current information during registration and keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must be at least 18 years of age to create an account and use the Platform. By creating an account, you represent and warrant that you are at least 18 years old.
You must notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.
We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms or for any other reason at our sole discretion.
4. Bookings and Cancellations
When you make a booking through the Platform, you are entering into a contract for transport services with the driver you are matched with. TheVanApp facilitates this contract but is not a party to it.
All bookings are subject to driver availability. We will use reasonable efforts to match you with an available driver, but we cannot guarantee that a driver will always be available.
You may cancel a booking through the Platform at any time before the driver arrives at the pickup location. Cancellations made more than 30 minutes before the scheduled pickup time will not incur a cancellation fee. Cancellations made less than 30 minutes before the scheduled pickup time may incur a cancellation fee of up to €10.
If a driver cancels a booking, you will not be charged and we will use reasonable efforts to find you an alternative driver. If no alternative driver is available, you will receive a full refund.
5. Pricing and Payment
All prices displayed on the Platform are inclusive of VAT where applicable. The final price for your booking will be confirmed before you confirm the booking. There are no hidden fees.
Payment is processed through the Platform's secure payment system. By making a booking, you authorise us to charge the payment method you have provided for the full amount of the booking.
In the event of a dispute about a charge, please contact us within 7 days of the booking date. We will investigate and respond within 5 business days.
Refunds will be processed to the original payment method within 5-10 business days, subject to our refund policy.
6. Prohibited Items and Conduct
You must not use the Platform to transport any prohibited items as listed on our Prohibited Items page. This includes, but is not limited to, hazardous materials, illegal items, live animals, and items exceeding the vehicle's weight or size capacity.
You must comply with our Customer Code of Conduct at all times when using the Platform. This includes treating drivers with respect, not engaging in discriminatory or abusive behaviour, and complying with all applicable laws and regulations.
We reserve the right to refuse service to any customer who violates these Terms or our Customer Code of Conduct. In cases of serious violations, we may suspend or terminate your account and report the matter to the relevant authorities.
7. Liability and Indemnification
TheVanApp's liability to you in connection with the Platform and any booking is limited to the amount paid for that specific booking. We are not liable for any indirect, incidental, special, consequential, or punitive damages.
We are not responsible for any loss or damage to items during transport beyond what is covered by the driver's commercial insurance. You are responsible for ensuring that your items are adequately packaged and insured for transport.
You agree to indemnify and hold harmless TheVanApp, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Platform, your violation of these Terms, or your violation of any rights of a third party.
8. Intellectual Property
All content on the Platform, including but not limited to text, graphics, logos, images, and software, is the property of Asergis Operations Limited or its licensors and is protected by applicable intellectual property laws.
The "TheVanApp" name, logo, and all related marks are trademarks of Asergis Operations Limited. You may not use these marks without our prior written consent. See our Trademark & Branding Guidelines for more information.
You may not reproduce, distribute, modify, or create derivative works of any content on the Platform without our prior written consent.
9. Privacy and Data Protection
We collect and process your personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and processing of your personal data as described in our Privacy Policy.
We comply with the General Data Protection Regulation (GDPR) and the Data Protection Act (Chapter 586 of the Laws of Malta). If you have any questions about how we handle your personal data, please contact our Data Protection Officer at [email protected].
10. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of Malta. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Malta.
Before initiating any legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at [email protected]. We will use reasonable efforts to resolve the dispute within 30 days.
11. Contact Information
If you have any questions about these Terms, please contact us:
Asergis Operations Limited
Suite 17, Stonegate, 20 Triq Bernadette
San Gwann SGN 1467, Malta
Email: [email protected]
Phone: +356 7707 2071
If you have any questions about this document, please contact us at [email protected] or +356 7707 2071.