terms & conditions

Published on and effective from 10.02.2017

 

1. introduction

 

Welcome to dwump™. By accessing www.dwump.com (further known as the Site) and its related websites, services, applications and tools (collectively referred to as “Dwump” and “Services”) you are agreeing to the following terms, Privacy Policy and Listing Rules (including those accessible by hyperlinks). You accept these Terms even if you do not Create an Account, or by clicking the “Sign Up" or “Sign In” buttons when registering or accessing an Account, and by otherwise accessing or using the Dwump websites, services, applications and tools, including placing your request through Dwump by clicking “dump” or “move”; or as otherwise indicated on a specific site, service, application or tool.

No access to the Services will be permitted unless the Conditions are accepted in full. Users are not entitled to accept part only of the following Conditions. 

 

Dwump owns and operates the website: www.dwump.com
Dwump™ is the Registered Trademark with number 1281882.

 

Dwump is provided to you by Dwump Ventures Limited, 1 Upper Rathmines Road, Rathmines, Dublin 6, D06 Y5P5, registered in Ireland under the number 579423. These Terms and Conditions constitute a legally binding agreement between you and Dwump Ventures Limited and are effective as of         . 

Key definitions of terms

Active Listing” is a listing that was published on the Site which is yet to be acted on by interested Drivers. All listings are valid for 7 days, after which time Dwump Administrator may remove the listing from the Listings Board. 

 

Users may be informed by email about the listing being active on the Site and lack of interest from drivers to apply, after which, listing may be removed by Administrator.

 

Cancelled Listing” is a listing which is cancelled by User, Driver or by Dwump Administrator.

User/Driver can cancel Dump Listing at any time; however, if User cancels Confirmed Listing too many times without good reasons, Dwump reserves the right to suspend or delete User/Driver account.

User can cancel Move Listing at any time, except for the situation where Driver already picked-up the cargo and the cargo is on-route. In this situation User should contact Dwump Administrator.

Driver can cancel Dump listings at any time; however, if Driver cancels Confirmed Listing too many times without good reasons, Dwump reserves the right to suspend or delete User/Driver account.

Driver can cancel Move Listings at any time, except for the situation where Driver already picked-up the cargo and the cargo is on-route. In this situation Driver should contact Dwump Administrator.

 

Confirmed Listing” is a Listing whereby User approved a particular Driver to act on the Published Listing, by clicking [approve this driver] button.

 

Driver” means an individual with means of transport (referred to as “Vehicle”) using the Site to accept a listing published by a User.

 

Driver Payout” is the amount of money Driver receives as payment for acting on a Listing. This can be payment by cash or by bank transfer.

 

Dump Listing” means a Listing published by User where he/she wishes to advertise for a service to be performed by a Driver to dump, throw away, dispose of, give away or recycle personal household items.

 

Dwump” means Dwump Ventures Limited, the company maintaining the advertising listings board where Users publish their adverts for services relating to recycling, moving or dumping of personal household items.

 

“Listings Board”, accessible by clicking [listings board] button, is a list of all active Listings published by Users. Listings board can be accessed by signing up with the Site.

 

Dwump Content” means all Content that Dwump makes available through the Site or Application, together with its own social media channels, promotional campaigns, including any Content that is licensed from a third party, excluding User content.

 

“Your Total Price” is the price User pays for Dump or Move Listing that comprises the price User wants to pay, plus Dwump Listing Fee and taxes where applicable.

 

“Listing”, is a Move or Dump advert that is published by User via the Site

 

“Listing Fee” means the applicable fees that Dwump charges a User for publishing and applying for a Listing on the Site, which covers general running costs of the Site, including informing Users by sms about the listings, processing payment for the Listing. Listing Fee is calculated at progressive rate, based on the cargo volume. Listing fee forms integral part of “Your Total Price” to which User agrees to pay at the time of Publishing Listing.

 

Dwump will not charge any Listing Fees to User if the Dump Listing was published by User priced at €0.00, and so marked as Recycle Listing. The appropriate Listing Fee will be displayed to the User at the time of User publishing a listing on Dwump board.

 

Pick-up Time” is the time period indicated by the User when the Listing is to be carried out by a Driver.

 

Move Listing” means a Listing published by User to move, transport, send or deliver personal household items.

 

Notifications” means an sms, email, in-app message or other communication about the status of the Active Listing.

 

Payout Fee” means the applicable fees that Dwump charges Driver for the use of the Services, including covering costs of paying out through bank transfer. Payout fee is 10% from the earnings of the Driver from completed listing. 

 

Dwump will not charge any Payout Fees to Driver if the Dump Listing was published by User, where user indicated his/her price as €0.00 paid in cash, and so, such Listing is marked as Recycle Listing.

 

Payout Fees will apply to all listings that were published by a User, where User indicated that he/she wants to pay by credit card. In such cases, Driver will be charged Payout Fee at the time when Driver decides to withdraw funds from his Dwump Account. 

 

Payout Fees will apply to all dump and move listings paid in cash by the User. Dwump will send an invoice to Driver at the end of each calendar month for all completed listings. 

 

Payment Method” is credit card information that User added to his or her Profile Account. 

 

Recycle Listing” means a request submitted as “Dump Listing”, whereby User sets “Your Price” at € 0.00. Dwump will not charge any Payout Fee to Driver, or Listing Fee to User.

 

Suggested Price” is the price suggestion calculated by Dwump as an indication to the User how much to pay for the Listing. Dwump calculates the Suggested Price based on our research of the User’s area, cargo volume and distance that needs to be covered by driver. Suggested price is indicative, and User is welcome to set his/her own price for listing, including €0.

 

User” refers to any User who uses the Site.

 

Vehicle” refers to any mode of transportation by land that User is in possession to accept a Listing.

 

Your Price” is the price entered by User which he or she is willing to pay for a Listing, before applicable Listing Fees or taxes.

 

User Content” refers to all content that User publishes, uploads, submits or includes in their Listing or User Profile which is available through the Site.

 

 

STATUS OF DWUMP

 

THE SITE IS AN ONLINE PLATFORM THROUGH WHICH USERS MAY CREATE AND PUBLISH LISTINGS RELATED ONLY TO GIVING AWAY, MOVING OR RECYCLING OF YOUR ITEMS, AND WHERE DRIVERS MAY LEARN ABOUT AND ACCEPT A LISTING DIRECTLY WITH THE USERS. NEITHER DWUMP NOR THE SITE PROVIDES ANY TRANSPORTATION OR REMOVAL SERVICE. THE SITE IS AN ADVERTISEMENT PUBLISHING PLATFORM FOR USERS AND DRIVERS TO COMMUNICATE AND TRANSACT WITH ONE ANOTHER. DWUMP DOES NOT INTERFERE WITH LISTINGS, DESTINATIONS OR TIMINGS. DRIVERS ARE UNDER NO OBLIGATION TO DWUMP OR TO USERS TO ACCEPT ANY LISTINGS PUBLISHED BY USERS. THE AGREEMENT FOR UNDERTAKING ACTION FOR ANY PUBLISHED LISTING IS BETWEEN USER AND DRIVER. YOU UNDERSTAND AND AGREE THAT DWUMP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND DRIVERS, NOR IS DWUMP A LOGISTICS BROKER, AGENT OR INSURER. DWUMP HAS NO CONTROL OVER THE CONDUCT OF DRIVERS, AS WELL AS NO CONTROL OR RESPONSIBILITY FOR CONTENT PUBLISHED BY USERS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU CHOOSE TO PUBLISH A LISTING ON DWUMP, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH DWUMP IS LIMITED TO BEING A USER, AND SO, AN INDEPENDENT PERSON, IS NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF DWUMP WHATSOEVER. BY USING DWUMP YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND NOT ON BEHALF OF, OR FOR THE BENEFIT OF DWUMP. DWUMP DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL YOUR LISTING, TOGETHER WITH ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING THAT YOU PUBLISH. AS A USER YOU FURTHER AGREE NOT TO DO ANYTHING RELATED TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF, OR FOR, THE BENEFIT OF DWUMP, INCLUDING BY INAPPROPRIATELY USING ANY DWUMP INTELLECTUAL PROPERTY.

YOU FULLY ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, BY DOWNLOADING, POSTING ANY CONTENT FROM THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY, THESE TERMS AND CONDITIONS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE AND ITS CONTENT. SHOULD YOU ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU THEN REPRESENT AND AUTHORISE THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR LEGAL ENTITY TO THESE TERMS, PRIVACY POLICY AND LISTING RULES - AND SO, ‘YOU’ AND ‘YOUR’ WILL BE REFERRED TO THAT COMPANY OR LEGAL ENTITY.

 

Dwump is a Listing publishing Site, where Users can publish their Listing and Drivers may be interested to read and act on a Listing, without being ordered, compelled or employed by a User or by Dwump to act on or accept any published Listing. Dwump enables Users to facilitate the publishing of Listings, i.e. adverts. Accepting of a Listing by Drivers is at their own will. The agreement regarding the execution of Recycle, Dump or Move Listing is between a User publishing a Listing and the Driver accepting the Listing, and Dwump is not a party to these arrangements or agreements between them.

 

Using Dwump

As a condition of your use of Dwump you agree that you will not:

1. violate any laws;

2. violate the Listing Rules;

3. post any threatening, abusive, defamatory, obscene or indecent material or information;

4. post listings that do not comply with Listing Rules

5. post, share or otherwise communicate any false or misleading content;

6. infringe any third-party rights;

7. distribute spam, false content, or promote abuse of the Site;

8. send viruses or spread any other technologies that may harm Dwump or the interests and property of Dwump Users;

9. use any type of robots or other automated means to access Dwump and harness content for any purpose without Dwump’s expressed written permission;

10. facilitate or contribute to facilitating an unreasonably heavy load on the Site’s infrastructure or interfere with the proper working of the Site;

11. copy, modify, or distribute any other User's content without their consent;

12. harvest or otherwise collect any information about other Users, including email addresses and phone numbers, without their consent;

13. copy, modify or distribute rights or content from the Site, services, applications or tools or Dwump's copyrights and trademarks;

 

You are solely responsible for all information submitted by you to Dwump and any consequences that may result from your publishing a Listing. We reserve the right at our discretion to refuse or delete User Content that we believe is inappropriate or breaching the current Terms and Conditions without previously informing you. We also reserve the right at our discretion to restrict User’s access and usage of the Site either temporarily or permanently, including refusal of User's registration. If we believe that you are breaching these Terms and Conditions in any way and/or behaving suspiciously on the Dwump websites, services, applications or tools, we may, at our discretion, inform other Dwump users that have been or are in contact with you, regarding past, current or future Listings and recommend that they stay vigilant and cautious.

 

Variation of the Terms and Conditions and the Site

 

Dwump reserves the right, at its sole discretion, to modify the Site, these Terms, Listing Fees and Payout Fees at any time. In addition, Dwump may change or amend the Services provided through the Site, the Site functionality or aesthetics at any time without notice and without liability to Users.

Any modification to the Site, Services or Terms and Conditions will take effect as soon as such changes are published on the Site.

Users will be deemed to have accepted any varied Terms and Conditions in the event that they use any Services offered through the Site following the publication of the additional, or new, Terms and Conditions. Changes will not apply to any Listings which have been made prior to publication of the new Terms and Conditions.

 

2. use of the site

 

2.1 Eligibility

Use of the Site is limited to those over the age of 18 at the time of registration. Any access to, or use of, the Site or Services by anyone under 18 is prohibited. By accessing the Site you confirm that you are 18 years old or older.

 

2.2 How the Site works

 

The Site, together with its Application and Services can be used to publish and apply for listings.

 

You may not view listings as an unregistered visitor of the Site, and you may not copy, modify, or distribute any User's, or the Site’s Content without the User’s or Dwump’s consent. If you wish to publish a Listing or book a Listing, you must first register with Dwump and create a User Profile.

 

Dwump makes available an online platform (or advertising space) for Users and Drivers to meet online and make arrangements to publish and apply for listings directly with each other. Dwump is neither an owner of a User’s advertised cargo or content, nor is it responsible for the safety, integrity, insurance of the User’s advertised content of the Listing. Dwump is neither a manager, provider, arranger or facilitator of the transportation or disposal services, including moving, removing, recycling or disposing of any User’s advertised items, nor owns any vehicles or acts as employer of drivers. 

 

A User can publish a listing on the Site, set his or her own price for the execution of a listing and, should one or more drivers be interested in Listing and is willing to apply for the listing, User has the possibility to approve one or none of the Drivers that applied for the listing.

 

A Driver can register as driver, receive notification of a new published listing, apply or disregard completely a published Listing. When accepting a Listing, a Driver is solely responsible for the cargo being transported, its safety and insurance. A Driver is solely responsible for any legal, permit, tax  or insurance obligations as pertains to driving his/her vehicle or providing services in transportation, disposal or recycling.  

 

Users and Drivers are publishing and accepting listings at their own risk and responsibility. 

 

CONSEQUENTLY, AS STATED ABOVE, THE SITE IS INTENDED TO BE USED TO FACILITATE USERS AND DRIVERS CONNECTING WITH EACH OTHER DIRECTLY BY USING ADVERTISING SPACE OF DWUMP TO PUBLISH LISTINGS AND RECEIVE INFORMATION ABOUT THE AVAILABLE LISTING. DWUMP CANNOT AND DOES NOT CONTROL THE CONTENT PROVIDED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY DRIVER OR VEHICLE DRIVER IS USING. DRIVERS ARE NOT EMPLOYED, ORDERED OR COMPELLED BY USERS OR BY DWUMP TO ACCEPT ANY LISTING OR PERFORM ANY SERVICES RELATED TO LISTINGS, AND DRIVERS ARE ACTING ON THEIR OWN WILL AND RISK. DWUMP IS NOT RESPONSIBLE AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. THUS, ANY PUBLISHING OR APPLICATION BY DRIVER OF A LISTING WILL BE MADE OR ACCEPTED AT THE USER’S AND DRIVER’S OWN RISK.

 

2.3 User Account and Accuracy of Information

In order to use the Site, to access certain features and to publish a Listing, each User must create a User Account and agrees to provide any personal information requested by Dwump. If, and when, a User decides to register as a driver, the User must provide additional information about their vehicle and identity where necessary.

 

You can also register with Dwump by logging into your account with certain third-party social network sites (including, but not limited to, Facebook or Google+; known further as a “Third-Party Account”), using the Site as described herewith. Given the technology of the Site, you can link your Dwump account with Third-Party Accounts, by: a) providing your Third-Party Account login information to Dwump using the Site; and b) allowing Dwump to access your Third-Party Account - as permitted under the respective terms of use which apply to  your use of a Third-Party Account. You understand and confirm that you are entitled to disclose your details of a Third-Party Account login information to Dwump and grant Dwump the access to your Third-Party Account, without the breaching by you of any of the terms of use that govern your use of such Third-Party Accounts, whilst not obliging Dwump in any way to pay any fees or limiting Dwump in usage of such third-party account or services. By granting Dwump the access to any Third-Party Account, you understand and agree that Dwump will access, make available and store (where applicable) any content that you have provided to or stored with your third-party provider, so that this information is available on and through the Site. All content provided by you via a Third-Party Account will be considered to be User Content for all purposes of the current Terms and Conditions. Should you choose to use Third-Party Accounts, including your privacy settings with Third-Party Accounts, you allow and agree for these privacy settings to be available on and through the Site. Should the Third-Party Account or its services become unavailable, or Dwump’s access to such Third-Party Account is terminated by the third-party service provider, the Content provided through the third-party provider will become unavailable on and through the Site. YOUR THIRD-PARTY ACCOUNT AND SERVICES PROVIDED THROUGH THIRD-PARTY PROVIDERS IS GOVERNED EXCLUSIVELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDER.

 

Users agree and accept that all of the information they provide to Dwump when setting up their User Account and at any other time will be true, complete and accurate in all respects. Users also agree that any information supplied to Dwump or posted on the Site in connection with any Listing will be true, accurate and complete.

Dwump will not be liable to any User in the event that any information provided by a User is incomplete, inaccurate, misleading or fraudulent.

Unless expressly agreed by Dwump, Users are limited to creating one User Account per User. No User Account may be created on behalf of, or in order to, impersonate another person. The Listing is personal to the User and the Driver. The identity of User and Driver must be genuine and match the identity provided by each of them to Dwump. 

Any breach of these Conditions will give rise to immediate suspension of a User’s Account and will be restricted from accessing any further Services.

 

2.4 Listings: move, dump and recycle

 

Move Listing, is an advertisement published by a User on the Site, whereby the User seeks a Driver who may be willing and able to perform a service relating, but not limited, to: moving, transporting, sending, delivering of personal household items, where a User is wanting to pay the Driver for this service. 

 

Dump Listing, is an advertisement published by a User on the Site, whereby the User seeks a Driver who may be willing and able to take over, accept, claim as his/her own, take possession of User’s personal household items, where the User is willing to pay the Driver for pick-up of the items. The items advertised by User which are picked up by Driver become Driver’s possession and responsibility, where appropriate, to dispose of in the way permitted by the Law.

 

Recycle Listing, is part of a Dump Listing, where the User seeks a Driver who may be willing and able to take over, accept, claim, take possession of User’s personal household items, whereby User does not pay Driver for pick-up of the items. The items advertised by User are free of charge, and Driver becomes an owner of the advertised cargo.

 

2.5 Passengers

 

The Site is not designed for Users to publish any listing that includes transport, or making any arrangements with transporting any person. Any Driver who transports a User during the execution of a listing is doing so completely under their own personal insurance and liability. This is not a service that Dwump provides, suggests or encourages. This breaches your agreement with Dwump. 

If you are a User, please use your best judgement and proceed with caution before boarding a Vehicle with another person.

 

2.6 Creating a Listing

 

As a User, you may create and publish Listings. To create a Listing, you will be asked to provide various mandatory and non-mandatory information, including, but not limited to, pick-up/drop-off location, telephone number of a person at the drop-off location, photos, measurements and approximate weight of cargo, and also your preferences, such as: time of execution of your Listing, Your Price, your need for a second person as a helper, or request for a cargo lift. 

 

For both, Users and Drivers, Dwump makes certain tools available to you to help you make informed decisions about the price to set for your Listing; or which Drivers you can to choose and approve for your Listing, based on Driver’s rating and their vehicle. As a User you acknowledge and agree that you are solely responsible for your own decisions, acts, mistakes and omissions and so, are responsible for all your decisions, acts, mistakes and omissions emanating from and as a result of publishing a Listing on the Site.

 

If you are a User, you acknowledge and agree that you alone are responsible for any and all Listings and Content you publish on the Site. Thus, you warrant that any Listing you publish and/or Listing you accept you will: a) not breach any agreements you have entered into with any third-parties; b) not breach Listing Rules and Driver Rules of Conduct; c) be in compliance with all applicable laws, Tax regulations, Intellectual Property laws.

Dwump reserves the right, without notice and at any time, to remove or disable access to any User Content or published Listing for any reason.

 

If you are a User, you understand and agree that once you publish your Listing, the information you provided in the listing is accurate and updated, and that Driver will not be held responsible for mistakes made by you during creation of a Listing.

 

Please take note that Dwump will not mediate, settle, compensate or refund for any aspect of wrongdoing, misunderstanding or misinformation by User or Driver in any events or circumstances in the agreements or disagreements formed between the Driver and the User. 

 

Both Users and Drivers understand and agree that Dwump does not act as an insurer of your contracting agent. Dwump does not insure any published Listing by User or for any actions emanating from it, and does not insure any accepted content of the Listing by the Driver, nor the driver or his/her vehicle. You further acknowledge, if any damage of cargo, vehicle or any third party occurs during pick-up, transfer, drop-off destinations, Dwump will not bare any responsibility.

 

If a User approves a Listing to be done by a Driver, any agreement you enter into with the Driver is between you and the Driver and Dwump is not a party to such agreements.

 

Please note, at the time of publishing of your Listing which is paid by credit card, Dwump does not charge your Method of Payment. Your Total Price, including Listing Fee and Taxes (if applicable), is charged at the time when User presses [Listing Done] button. In case User forgets, or otherwise does not press [Listing Done] button after the Listing is finalised by the Driver and, at the same time, User does not report or inform Dwump Administrator about any problem with the Completed or Pending Listing within 24 hours from the time when Driver indicated a finalised listing by pressing [Listing Done] button, Dwump reserves the right to charge the Method of Payment of the User, the full amount [Your Total Price] which User agreed to pay at the time of Publishing the Listing.

 

2.7 Setting Time for Your Listing

 

The Site allows you to plan the execution of your Listing in advance, providing there are willing Drivers who would like to act on your listing. You can provide information about a particular time and date when you want the Listing to be acted on by a Driver. The Listing is removed from the Listings Board, once the User has accepted a Driver to carry out the Listing.

 

Should the Listing remain published on Listings Board for longer than 7 days from the moment of publishing, such listing will be considered as outdated and can be removed by Dwump without prior notice to User.

 

If you are a Driver, the Site may send you text messages as reminders about the Confirmed Listing, upcoming listings, and other status related reminders about Accepted Listings.

 

2.8a Publishing Listing

 

A Listing is considered published when you press [publish listing and pay by card] or [publish listing and pay cash] buttons.

All listings published by you on the Site will be considered as active for 7 days after publishing a listing. A Listing is removed from the Listings Board when the User approved a Driver to undertake a Listing; or after 7 days have passed since publishing of a Listing and no Driver has applied for a listing, or when User did not approve any driver for the Listing.

 

In order for a Listing to be published on the Site, you must have valid physical address/es. You understand and agree that the publishing of Listings in search results on the Site may depend on a category of listing (Move Listing or Dump Listing) and on variety of other factors, including, but not limited to, the User or Driver preferences, location, price, Profile rating and nature of cargo. 

 

2.8b Drivers notified

 

After the User has published a Listing, all Drivers which are registered with the Site will receive a Notification about your listing. At this time, only the following information about your Listing will be publicly accessible:

 

  • listing description, photos, measurements, weight of the cargo, Your Total Price, minus applicable Listing Fees, approximate pick-up/drop-off address(es), time of execution of your Listing, your First Name, Profile Photo and rating.

 

At this stage your exact address(es), phone number(s) are not displayed to any drivers and do not appear on any search result of the Site.

 

If one or more Drivers are interested in User’s listing, they will have the opportunity to apply to execute a User’s listing. There is no waiting time limit for a User to which he or she is limited whilst waiting for acceptance of a Listing by Driver. Whilst Listing is published on the Site, Drivers may signal their interest in your Listing at any time. 

 

If you are a Driver, you may accept or disregard the Notification about the published new listing. If you disregard the Notification sent to you, you will not have any consequences whatsoever, either to your profile or rating. 

 

If you are a Driver and you wish to apply for a Listing, you may click button [apply]. By doing so, this action informs the User that a Driver is willing to act on User’s Listing. Please note, at this stage there is still no contract between User and Driver. At this stage, the User receives information from one or several drivers who are willing to accept the Listing. 

 

If you are a User, after publishing your Listing, you may receive information from one or several (or no) Drivers who are willing to act on your Listing. It is up to you to choose and approve from amongst the drivers whom you would like to accept as Driver, by pressing [approve this driver].

 

2.8c Driver Accepting a Listing

If you are a Driver, you acknowledge and agree that you alone are responsible for any and all accepted listings, in respect of integrity, security, insurance of User’s cargo, any third-parties content, safety of yourself and others whilst executing the accepted request by you. 

 

You also warrant that the vehicle is yours or belongs to third-party which you represent and you alone are responsible for compliance with all laws and regulations, Tax obligations and are in possession of any, and all, required permits, licensed and registrations with the governmental authorities, as well as a valid Driving License and vehicle insurance, including Third-Party insurance. Please note that Dwump assumes no responsibility for a Driver’s compliance with any agreements with or duties to third-parties, applicable laws, permits, rules or regulations. 

 

If you are a Driver, you understand and agree that once a User approved you to act on a Listing, you may not request the User to pay a higher price than in the Listing advert you have received. Should a User be willing to pay you a tip, or otherwise offer you extra money for your service or help, including, but not limited to, waiting time, wrong measurements published in the Listing by User, additional distance covered by Driver, or any other unforeseen situations, you may accept it without intimidating the User, explicitly or implicitly asking User to pay. User’s additional payment is only at his/her own discretion.

 

If you are a Driver, Dwump recommends to check and obtain any and all appropriate insurances for Driver of the Vehicle and the Vehicle itself, as well as any permits, licences required to transport, deliver, ship or dispose of items being published in a Listing. 

 

If you are a Driver, Dwump further strongly advises not to accept any Listing that may invalidate your personal, third-party or vehicle insurance; Dwump advises not to accept any Listing that looks, reads or appears uncertain, misguiding or inappropriate.

 

The Driver undertakes to the User to perform or act on the User’s published Listing on the Site, on the agreed date, time, place and price. The Driver also undertakes to the User to ensure that his or her Vehicle has the cargo capacity for which the Listing was published.

 

2.8d User Approving a Driver. Confirmed Listing

 

Given an interest in your Listing, one or more Drivers will be able to signal their readiness to accept your Listing via the Site based on the information provided by you when you published a Listing. Users can wait as long as necessary for one or several Drivers to signal their willingness to accept your Listing. Should you receive an information from any Driver that he/she is interested in your Listing, you then decide which Driver to pick and approve for the execution of your Listing, based on, but not limited to, Driver’s rating, type of vehicle. You further agree and understand that Dwump does not guarantee the availability of any drivers at any time, nor does it suggest, recommend, pick, select, send, order, employ or favour any drivers with respect to any listing on the Site. You further understand that given the availability of drivers, you may get zero, one or several applications from drivers (during the time of validity of your Listing) to act on your listing, and then it is up to you to approve one or none of the drivers for the execution of your Listing.  

 

When you approved one of the drivers for the execution of your Listing, the Listing is considered as “Confirmed Listing” and it is at this time that you form a contract with your Driver for the execution of your published Listing.

 

If you are Driver, Dwump will send you an email, text message or message via the Application confirming your publishing of a Listing.

 

If you are User, please note that at this stage you will not be charged Your Total Price for your Listing. Your Total Price is charged to your Method of Payment (if you indicated that you want to pay by card) at the time when your Listing is considered finalised.

If you indicated that you want to pay by cash, you must pay Driver Your Total Price at the time of the collection of your cargo (if it is Dump Listing) or at the time of delivery of your cargo at drop-off address (if it is Move Listing).

 

Please note, when you approve a Driver, you Authorise Dwump to collect Your Total Price due for the Listing.

 

2.8e Driver Arrival

 

Users will receive a text, Notification or email informing you that your Driver arrived at the pick-up and/or drop-off location.

 

Drivers and Users understand and agree that Dwump is not responsible or liable for any delays, non-show, waiting time or any other unforeseen situations that may occur between Driver and User. 

 

If you are a User, please be advised that Drivers are not responsible for loading or unloading of your cargo. If a Driver helps a User with loading or unloading, he/she is doing so out of good will, which Users can reward Drivers by providing a positive rating for Driver. Should you require Driver and another person to help with loading/unloading your cargo, you have an opportunity to indicate this during the publishing of your Listing.

 

If you are a Driver, you may not ask any additional payment for help with loading and unloading. However, if User is willing to give you a tip, you can accept it.

 

2.8f Cancelling confirmed listing

 

By User:

 

If you are User, you may cancel your Confirmed Listing at any time.

 

If you cancel your Confirmed Listing, your User profile may be rated down by Dwump Administrator or by the Driver, but you will not be charged for the Listing. 

 

If you cancel your Confirmed Listing, Dwump reserves the right to charge you the Driver’s Payout Fee, to compensate the Driver for his time, and your User profile may be rated down by the Driver or Dwump Administrator.

 

In the event that Driver cancelled your Confirmed Listing, you will have a possibility to re-advertise your Listing. 

 

If you cancel your Confirmed Listings 3 times during 6 calendar months period, Dwump reserves the right to review, block and/or suspend your Account on the Site with immediate effect and without prior notice. 

 

By Driver:

If you are a Driver, you may cancel the Confirmed Listing at any time. 

 

If you cancel your Confirmed Listing, your profile may be rated down by the User or Dwump Administrator and you will not get any renumeration for the Listing.

 

If you cancel your Confirmed Listing, Dwump reserves the right to charge you the User’s Listing Fee, to compensate the User for his/her inconvenience, and your Driver profile may be rated down by the User or Dwump Administrator.

 

If you cancel your Confirmed Listings 3 times during 6 calendar months period, Dwump reserves the right to review, block and/or suspend your Account on the Site with immediate effect and without prior notice.

 

2.9 Listing Finalised

 

Dump or Recycle Listing is considered finalised or completed when the cargo has been loaded into vehicle and when the User presses [listing done] button.

Move Listing is considered finalised or completed when the cargo has been unloaded from the vehicle and when the User presses [listing done] button.

 

User and Driver mutually confirm on the Site that the Listing is completed, after which the Your Total Price must be paid to Driver in cash or, if you indicated card payment, the payment will take place immediately after pressing [listing done]; after which, mutual rating of Driver Profile and User Profiles take place.

 

When the listing is finalised, you expressively give the authorisation for Dwump to charge your Method of Payment - Your Total Price - for a Listing and Dwump shall pay the amount due as Driver’s Payout by bank transfer within seven (7) business days following the request through the Site by the Driver.

 

2.9a Payment for listing

 

Dwump will collect Your Final Price from the User at the time when the Listing is completed by the Driver. 

 

If it is a Dump or Recycle Listing, User is charged Your Final Price for the Listing when the cargo is loaded into the Vehicle and after User pressed the [listing done] button on the Site.

 

If it is Move Listing, User is charged Your Total Price for the Listing when the cargo is unloaded from the vehicle and after User pressed the [listing done] button on the Site.

 

If, for any reason, User did not press [listing done] button on the Site, Dwump will presume the Listing to have been completed and will collect Your Total Price from the User within 24 hours from the scheduled pick-up time of the User’s cargo. 

 

As a User you agree to pay the Your Total Price for any Completed Listing, be it in cash or card as indicated by the User.

 

2.9b Listing Fees and Payout Fees

 

In consideration of the use of Dwump’s online advertising space, communication platform and to facilitate cashless payments, Dwump charges the Users Listing Fees, and the Drivers Payout Fees and, wherever applicable, also collects Taxes in respect of Listing and Payout Fees. 

User’s Listing Fees are included in Your Total Price. 

If it is cash payment form User, Driver’s Payout Fees will be charged by Dwump at the end of every calendar month, in the form of invoice for all completed listings. Driver agrees to pay to Dwump outstanding charge in seven (7) days from the receipt of invoice. The invoice is sent by email.

 

2.9c Driver payout and financial provisions

 

If User chose to pay by card for his/er listing, as soon as the payment has been received by Dwump, the Driver’s Profile Account on the Site will show a credit representing the amount of Driver’s Payout and Dwump is hereby authorised to deduct payment of “Payout Fee” to Dwump before transferring due amount to Driver.

 

No payment shall be made to the Driver unless the Driver provides to Dwump his or her bank account details (IBAN & BIC numbers) on Drivers’s Profile on the Site. Dwump can only pay the Driver the due amount by bank transfer and does not pay in cash or by cheque. The Driver’s bank details are stored in User’s Profile and not available to the public.

 

Dwump shall not be liable or held responsible for any loss or delay to pay Driver should the User’s Your Total Price is not received by Dwump from the User, including situations, but not limited to, insufficient funds, fraudulent use of the card by User, blocked User’s card, incorrectly processed payment by bank or third-party, all of which are outside Dwump’s reasonable control. 

 

All sums received by Dwump as Driver Payout are held in a separate designated deposit bank account with Stripe for the benefit of Driver until he or she demands payout to be made via the Site.

 

The User and Driver agree that no interest is payable on the money held in the designated deposit bank account with Stripe.

 

Both Users and Drivers agree that in an effort to minimise credit card fraud, tax avoidance or money laundering, to provide on request from Dwump and/or Stripe or any other competent judicial, governmental or administrative authority any information that they may require to verify identity and proof of address. Should User or Driver in question avoid or does not respond immediately, Dwump shall be entitled to take any action that it deems necessary, including the freezing of any payments to be made and/or the suspension of the User account in question.

 

You further understand and agree that no payment may be made to a Driver on an account that has not been opened in his or her name.

 

3. insurance

 

The Driver agrees and undertakes that he or she will take out and maintain insurance to cover the trip during undertaking of any Listing published through the Site. The Driver agrees that he/she will, on request, provide the User with evidence of valid insurance policy. The Driver also undertakes to hold a valid driving licence and that the Driver will own or will be entitled to use the Vehicle and that the Vehicle and Driver will have valid certificates and the User is entitled to request evidence of the Driver’s insurance, vehicle registration certificate, driving licence and appropriate licence or permit for transporting User’s items.

 

If you are Driver you understand and agree that you alone are responsible for verifying that your insurance provides adequate cover for the undertaking service that you provide, in the place and country that you undertake to perform any User’s Listing.

 

User and Driver must themselves confirm to each other that the Driver is covered by valid insurance for a Listing. The Driver must confirm that his or her insurance policy allows him or her to transport the cargo in question and that the insurance policy covers integrity of all items during any accident or incident which may occur during the execution of a Listing.

 

Please take a note that standard non-commercial insurance policies may refuse to cover loss or damage.

 

If you are a Driver you understand that you may not collect any additional payment from the User other than the Driver Payout due for the Listing.

 

Both Users and Drivers please take note, if the insurance company refuses to accept any claim arising from the undertaken Listing for any reason, the Driver will be responsible for the financial consequences, losses and damages arising and Dwump will not be liable under any circumstances to the Driver, the User or any third-party.

 

4. management of disputes

 

Users and Drivers understand that the Site is an advertising, communication and payment facilitation space for parties to publish, learn and undertake action on Listings. The agreement for acting on any Listing is between User and Driver; and thus Dwump will only provide its Users with online tools of communication between Users and Drivers in settling any disputes. Dwump is under no obligation to seek to resolve any disputes. If any dispute is signalled by User and/or Driver, Dwump reserves the right to retain any sums paid in by the User until an amicable agreement has been reached between User and Driver, and/or a definitive judicial decision has been made and presented to Dwump, or otherwise officially communicated to Dwump.

 

5. no promotions and no endorsements

 

Dwump does not endorse or otherwise promote any User, Listing or Driver. Dwump enables Users to publish Listings on the Site and does not verify any images, description or any representation of the cargo. Dwump acts as advertising site and does not verify identities of Users and Drivers. 

 

Users and Drivers are required by these Terms and Conditions to provide accurate information. For transparency and fraud prevention purposes, Dwump may ask you to provide a form of government identification, your date of birth or any other information to undertake additional checks to verify the identity of Users.

 

By using the Site, you agree that any legal liability that you seek to obtain for actions, services or mistakes of Users, Drivers or third-parties in connection with any Listing, will be limited to a claim against that particular User, Driver or third-party who caused harm to you or the cargo. You agree not to attempt to impose liability on, or seek any legal remedy from Dwump with respect to actions described above. Thus, we recommend to communicate and take action directly with either User or Driver regarding any listings published by you on the Site. 

 

6. TEXT MESSAGING

 

By creating an Account, you agree that Dwump may send you informational text messages, Notifications or emails as part of the normal business operation of your use of the Site. You acknowledge that opting out of receiving text (SMS) messages, emails and/or Notifications may impact on your use of the Services.

 

7. promotional codes

 

Dwump may, in Dwump’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Provider's services, subject to terms that Dwump establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Dwump; (iii) may be disabled by Dwump at any time for any reason without liability to Dwump; (iv) may only be used pursuant to the specific terms that Dwump establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Dwump reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Dwump determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

8. charity activities and events

Dwump may participate in charity actions and events with a chosen recipient of donations. Such charity events or actions will be created by Dwump and planned in advance, whereby gathered donation items will be donated to a charity of Dwump’s choice. By opting to participate in such charity activity and events, you agree and warrant that items donated through Dwump are not harmful and free of any rights.

 

9. liability

Dwump is not a party to any agreement between a Driver and User and will not be liable to either party unless the loss or damage incurred arises due to Dwump’s negligence.

Dwump shall use its reasonable endeavour to ensure the Site is available 24 hours a day, but occasionally access to the Site may be restricted to allow for repairs, maintenance or the introduction of new facilities or services or not available for reason beyond Dwump’s control. Dwump does not accept any responsibility for any errors, omissions, or for the results obtained from the use of such information or for any technical problems Users or Drivers may experience with the Site. If a User detects a fault, please contact us and Dwump will endeavour to correct the fault as quickly as is possible.

Dwump will not be liable to a User for any fraudulent use of payment instruments by a User. In such circumstances, no compensation or indemnity whatsoever shall be given by Dwump to the Driver.

 

Dwump shall not be liable for any loss or damage arising as a result of:

●  Any inaccurate or incomplete information being provided by a User;

●  The cancellation of a Listing by a Driver or User;

●  Any failure to make payment of Your Final Price

●  Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Driver or User before, during or after execution of a Listing.

 

Dwump will not be liable to any User for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services provided by Dwump (whether suffered or incurred as a result of the Dwump’s negligence or otherwise) except in the case of fraud, wilful concealment or theft.

Dwump’s liability to any User for all losses in respect of any Listing is capped at the sum of €20.

Dwump will not be liable to any User or Driver in relation to any Listing and/or unpaid Driver Payout unless Dwump is notified of a claim relating to that Listing or unpaid Your Total Price and/or Driver Payout within 3 months of completion of the Listing.

Nothing in this Agreement limits or excludes Dwump’s liability for death or personal injury arising as a result of Dwump’s negligence.

 

10. intellectual property

The format and content of this Site is protected by Republic of Ireland and international copyright and Dwump reserves all of its rights in relation to its copyright whether owned or licensed to Dwump.

All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to Dwump) which appear on the Site.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Dwump. No party is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of Dwump. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site is strictly prohibited.

 

11. LAW AND JURISDICTION

These terms shall be governed by the laws of the Republic of Ireland and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of the Republic of Ireland.

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