Heva customer terms of use
1. General provisions
1.1. These HEVA customer terms of use (the "Terms") govern the use by the Customer of the HEVA platform operated by HEVA Technology OÜ, including the mobile application, web application, web portal, API interfaces and other related services.
1.2. The HEVA platform enables the Customer to find independent providers of carriage services, to place carriage orders, to conclude Contracts of Carriage with a Courier, to track the performance of Orders, to use the technical intermediation of payments and to use other functions made available on the Platform.
1.3. By accepting the Terms, a Platform Service agreement is concluded between the Customer and the Operator. For the performance of a specific Order, a separate Contract of Carriage is concluded between the Customer and the Courier who has accepted the Order.
1.4. The Operator is not a party to the Contract of Carriage and is not the carrier of the Goods, unless expressly and unambiguously stated otherwise on the Platform in respect of a specific service.
1.5. By creating an Account or using the Platform, the Customer confirms that they have had the opportunity to read and save the Terms before concluding the agreement, and that they accept the Terms.
1.6. Where the Customer is a Consumer, the Terms do not limit or exclude the rights of the Consumer arising from Estonian or European Union law.
1.7. HEVA makes its own details directly and permanently available on the Platform, at least to the extent required by law, including its business name, registry code, address of its place of business and e-mail address.
2. Definitions
2.1. Operator - HEVA Technology OÜ, registry code 17448087, address Pärnu mnt. 158/1, 11317 Tallinn, Republic of Estonia.
2.2. HEVA or Platform - the technological environment operated by the Operator and its functionality.
2.3. Platform Service - the intermediation service provided by the Operator, through which the conclusion of a Contract of Carriage between the Customer and the Courier and the technical operations related to its performance are intermediated.
2.4. Customer - a natural or legal person who uses the Platform or places an Order through it.
2.5. Consumer - a natural person who enters into a transaction for a purpose that is not related to their independent economic or professional activities.
2.6. Business Customer - a Customer who uses the Platform in the course of their economic or professional activities.
2.7. Courier - a natural or legal person independent of the Operator who offers carriage services through the Platform and concludes a Contract of Carriage with the Customer.
2.8. Account - the Customer's user account on the Platform.
2.9. Order - a request for the carriage of Goods entered by the Customer on the Platform.
2.10. Contract of Carriage - the contract between the Customer and the Courier for the carriage of specific Goods.
2.11. Goods - an item, parcel, consignment or other movable property for the carriage of which the Customer places an Order.
2.12. Sender - the person from whom the Goods are collected in accordance with the Order.
2.13. Recipient - the person to whom the Goods are handed over in accordance with the Order.
2.14. Price - the fee displayed on the Platform for a specific Order, together with the applicable surcharges disclosed before the Order is confirmed.
2.15. Service Area - the area in which the Platform allows Orders to be placed. Unless stated otherwise on the Platform, the Service Area is the Republic of Estonia.
3. The role of HEVA
3.1. HEVA provides a technological intermediation service through the Platform, the purpose of which is to enable Customers and independent Couriers to find each other and to conclude Contracts of Carriage with each other.
3.2. The Contract of Carriage is concluded directly between the Customer and the Courier who has accepted the Order.
3.3. HEVA is not a party to the Contract of Carriage, is not the carrier of the Goods, does not take the Goods into its possession, does not itself carry the Goods, is not the Courier's employer merely because of the use of the Platform, and does not guarantee that a specific Order will be accepted by a Courier.
3.4. HEVA may technically facilitate the conclusion and performance of the Contract of Carriage, including by forwarding Orders to Couriers, using automated matching systems, displaying the Price of the Order, enabling communication between the Customer and the Courier, enabling the display of the Courier's location or estimated time of arrival, enabling the receipt and transfer of payments, preparing or intermediating payment and billing documents, enabling the documentation of the handover of the Goods, providing customer support and intermediating the transmission of complaints between the Customer and the Courier.
3.5. The operations referred to in clause 3.4 do not make HEVA a party to the Contract of Carriage or a carrier.
3.6. HEVA may impose requirements on Couriers concerning the use of the Platform, identification, safety, insurance, lawfulness and the technical quality of the service. The imposition of such requirements does not mean that HEVA provides the carriage service in place of the Courier.
4. Creating and using an Account
4.1. A Customer who is a natural person must be at least 18 years of age and have active legal capacity in order to create an Account.
4.2. When creating an Account, the Customer must provide correct, complete and up-to-date information.
4.3. The Customer must update their information when it changes.
4.4. A natural person who has created an Account or uses the Platform on behalf of a Business Customer confirms that they have the necessary authority of representation and is responsible for the existence of that authority.
4.5. The Customer is responsible for the confidentiality of their user credentials, passwords and other means of authentication and must ensure that they do not come into the possession of third parties.
4.6. The Account is not transferable, except where the Platform allows a Business Customer to grant access to the Account to its authorised users.
4.7. The Customer is responsible for the actions of persons to whom the Customer has given access to the Account, to the extent that agreeing on such responsibility is permitted by law.
4.8. The Customer must notify HEVA without delay of any possible misuse of the Account or of authentication data having come into the possession of a third party.
4.9. Where justified, HEVA may request additional documents in order to verify the Customer's identity, authority of representation or other circumstances material to the use of the Account.
5. Placing an Order
5.1. To place an Order, the Customer enters on the Platform at least the information required by the Platform, including, where necessary, the collection address of the Goods, the delivery address, the contact details of the Sender and the Recipient, a description of the Goods, their quantity, dimensions and weight, the value of the Goods, the desired service or vehicle category, the desired collection or delivery time and the necessary handling, loading and access instructions.
5.2. The Customer is responsible for the correctness, completeness and sufficiency of the information provided in the Order.
5.3. The Customer must disclose all circumstances that may materially affect the feasibility or safety of carrying the Goods, the Price or the choice of the required vehicle.
5.4. Such circumstances may include, in particular, the fragility of the Goods, non-standard weight or dimensions, the need to use stairs, the absence of a lift, restricted access or parking, the need for additional labour and any special handling or transport requirements.
6. Service categories
6.1. The Platform may offer, among others, the following service categories: passenger car - Goods up to approximately 120 × 80 × 80 cm and up to 30 kg; small van - Goods up to approximately 170 × 120 × 120 cm, with a total volume of up to 2.4 m³ and a total weight of up to 600 kg; van - Goods up to approximately 320 × 170 × 170 cm, with a total volume of up to 9.2 m³ and a total weight of up to 1200 kg; two-person service - a van with two persons taking part in the handling of the Goods, intended in particular for the carriage of larger furniture, household appliances and other heavier items.
6.2. In the case of the two-person service, the standard maximum weight of a single item may be 80 kg, unless stated otherwise on the Platform.
6.3. The dimensions and volumes shown on the Platform are the general limits of the service category, and the actual shape and loading capabilities of a specific vehicle may differ.
6.4. The Customer is responsible for selecting the service category that corresponds to the characteristics of the Goods.
6.5. The two-person service is not a removals service and does not automatically include packing, disassembly or assembly of furniture, technical installation, disposal, the use of a lift truck or other special equipment, or any other work not separately named on the Platform.
7. Conclusion of the Contract of Carriage
7.1. Placing an Order constitutes the Customer's offer to conclude a Contract of Carriage with the Courier who accepts the Order.
7.2. HEVA may forward the Order to one or more suitable Couriers.
7.3. The Courier has the right to decide whether to accept an Order offered to them.
7.4. The Contract of Carriage is concluded at the moment the Courier accepts the Order on the Platform and the Platform sends the Customer a confirmation of acceptance of the Order.
7.5. After the conclusion of the Contract of Carriage, the information about the Courier required under applicable law is displayed to the Customer on the Platform.
7.6. Where HEVA is subject to additional obligations to identify or verify the Courier as a trader under Regulation (EU) 2022/2065 of the European Parliament and of the Council or any other legal act, HEVA collects and publishes the relevant information to the extent required by law.
7.7. If, after the conclusion of the Contract of Carriage, the Customer wishes to materially change the collection point, the destination, the quantity, dimensions or weight of the Goods, the service category or any other material term of the Contract of Carriage, the change may require the Courier's consent, a change to the Price or the placing of a new Order.
8. Price
8.1. Before the Order is confirmed, the Customer is shown the Price of the Order or a clear basis for calculating the Price.
8.2. The Price may depend, among other things, on the vehicle category, the dimensions and weight of the Goods, the length of the journey, the estimated travel time, loading and unloading time, waiting time, additional labour, demand and the availability of Couriers, and any other pricing factor made known to the Customer before the Order is confirmed.
8.3. The final price displayed to a Consumer includes all applicable taxes and known mandatory charges, unless otherwise provided by law.
8.4. A surcharge may be charged to the Customer only if the basis for the surcharge and its amount or method of calculation were duly disclosed to the Customer before the Order was confirmed, or if the Customer has subsequently separately approved the additional service or change.
9. Payments
9.1. The Customer pays the amounts related to the Order using a payment method made available on the Platform.
9.2. HEVA may use a licensed third-party payment service provider to process payments.
9.3. HEVA may, under the Courier's authorisation, receive from the Customer the carriage fee belonging to the Courier and transfer it to the Courier.
9.4. The technical receipt or transfer of a payment does not make HEVA a party to the Contract of Carriage or the carrier of the Goods.
9.5. A carriage fee belonging to the Courier that has been duly paid to HEVA or to a payment service provider designated by HEVA is deemed, to that extent, to have been paid to the Courier.
9.6. The Platform may separately show the carriage fee belonging to the Courier, the Platform or service fee belonging to HEVA and any other applicable fees.
9.7. If a payment fails or the Customer has an overdue debt, HEVA may, where justified, restrict the placing of new Orders until the debt has been paid.
9.8. No additional amount is charged to a Consumer's payment instrument without a proper contractual or legal basis.
9.9. The provider of the carriage service, and the person making the taxable supply of the carriage service, is the Courier who has accepted the Order. HEVA may, under the Courier's authorisation, prepare and issue to the Customer, in the Courier's name, an invoice or other billing document for the carriage service, including by reflecting the carriage fee on a consolidated invoice issued to a Business Customer.
9.10. Whether the Courier's carriage fee is subject to value added tax depends on the VAT registration status of the specific Courier. If the Courier is registered for VAT, VAT is added to their carriage fee at the applicable rate; if the Courier is not registered for VAT, no VAT is added to the Courier's carriage fee.
9.11. HEVA may charge the Customer only a Platform, intermediation or other service fee that was disclosed before the Order was confirmed or separately agreed. The commission charged by HEVA to the Courier is a separate obligation of the Courier and is not in itself a fee payable by the Customer to HEVA. The fees charged to the Customer and to the Courier, their bases and VAT are clearly distinguished on the billing documents. HEVA's own fee is subject to the VAT treatment provided by law.
9.12. HEVA may agree with a Business Customer on periodic billing, a billing limit and the issuing of consolidated invoices. Such a billing arrangement does not change the parties to the Contract of Carriage between the Customer and the Courier or HEVA's role as the provider of the Platform Service.
10. Preparation and packaging of the Goods
10.1. The Customer is responsible for the proper packaging of the Goods, unless packaging has been expressly ordered as a separate service.
10.2. The packaging must be appropriate to the nature of the Goods, allow the normal loading and carriage of the Goods, protect the Goods against the normal risks of carriage and loading, and prevent damage to other goods, persons and the vehicle.
10.3. The Customer must ensure that the Goods are ready by the time the Courier arrives.
10.4. The Customer must inform the Courier of any necessary special handling instructions.
10.5. The Courier may refuse to accept the Goods if the packaging is clearly inadequate, the Goods may endanger the Courier or third parties, the Goods may damage the vehicle or other property, the Goods differ materially from the description given in the Order, or the carriage would be unlawful.
11. Weight and dimensions of the Goods
11.1. The Customer is responsible for the correctness of the weight, dimensions, quantity and nature of the Goods stated in the Order.
11.2. If the actual dimensions or weight of the Goods exceed the limits of the selected service category, the Courier may refuse to accept the Goods for carriage, offer the use of a more suitable vehicle or service, or agree to a change of the Order where the carriage can be performed safely. If the Courier refuses, the costs incurred are borne by the Customer.
11.3. An additional Price resulting from a change of the Order becomes binding on the Customer once it has been approved through the Platform or in another verifiable manner.
11.4. The Courier is not obliged to lift or carry an item whose manual handling is not reasonably safe.
12. Acceptance of the Goods by the Courier
12.1. The Goods are deemed to have been accepted for carriage by the Courier upon their actual handover to the Courier. Confirmation of acceptance on the Platform documents the acceptance but is not a precondition for liability to arise. The actual time and circumstances of acceptance may also be proven by other admissible evidence.
12.2. The Courier may check the external condition of the Goods and the packaging, any visible damage to the Goods, the conformity of the Goods with the description given in the Order, and their approximate dimensions and weight.
12.3. The Courier has no right to open sealed packaging or to inspect its contents; in the event of reasonable suspicion, the Courier notifies the police or HEVA, which has the right to decide on the further course of action.
12.4. In the case of visible damage or deficient packaging, the Courier may, before commencing the carriage, photograph the Goods or otherwise document them on the Platform and record their condition.
13. Waiting time
13.1. The Customer must ensure that the Goods are ready for collection at the agreed time and that the Courier has reasonable and safe access to them.
13.2. The Platform may provide for a free waiting period, a subsequent chargeable waiting period and a maximum waiting period.
13.3. The length of the waiting period and the applicable fee or its method of calculation are made available to the Customer before the Order is confirmed.
13.4. If the Goods are not ready when the maximum waiting period expires, or if the Courier cannot access the Goods for a reason attributable to the Customer, the Sender or the Recipient, the Courier may terminate the Order.
13.5. In such a case, the Customer may be charged the previously disclosed waiting, call-out or cancellation fee.
14. Cancellation by the Customer
14.1. The Customer may cancel the Order through the Platform until the Goods are handed over to the Courier.
14.2. The Platform may provide for a free cancellation period.
14.3. After the free cancellation period, a previously disclosed cancellation fee may apply, in particular where the Courier has accepted the Order, has started travelling to the collection point or has arrived at the collection point.
14.4. After the Goods have been handed over to the Courier, an instruction from the Customer to return the Goods or to change the destination is no longer treated as an ordinary cancellation. Such an instruction may constitute a change to the Contract of Carriage or a new carriage service.
14.5. If the need to cancel the Order results from a breach by the Courier or HEVA or from a technical fault of the Platform, the Customer is not charged any unjustified cancellation fee arising from it.
14.6. Whether or not a Consumer has a right of withdrawal is determined under the law applicable to the specific Platform Service or Contract of Carriage.
14.7. Where a Consumer has a statutory right of withdrawal in respect of a contract concluded through an online user interface, HEVA applies the applicable requirements for an online withdrawal function to the extent that they apply to HEVA.
15. Termination of the Order by the Courier
15.1. The Courier may refuse to perform an Order or terminate an Order already accepted if the Goods are prohibited or unlawful, the Goods differ materially from those described in the Order, the dimensions or weight of the Goods exceed the permitted limits of the vehicle or service, the packaging of the Goods does not allow safe carriage, loading or unloading causes an unreasonable safety risk, performing the Order would breach the law, a traffic accident or a material breakdown of the vehicle occurs, a material health or safety risk arises, the Customer, the Sender or the Recipient behaves violently or threateningly, or there is another material reason due to which continuing the Order is not reasonably possible.
15.2. If the reason for termination results from a circumstance related to the Customer, the Sender, the Recipient or the Goods, HEVA may charge the Customer a previously disclosed and justified fee.
15.3. If the reason for termination is attributable solely to the Courier, the Customer is not charged any unjustified cancellation fee.
16. Failed delivery
16.1. If the Courier is unable to hand over the Goods to the Recipient, the Courier makes reasonable attempts to contact the Recipient and, where necessary, the Customer.
16.2. A delivery may be deemed to have failed, among other cases, where the Recipient is absent, the Recipient does not respond within a reasonable time, the Recipient refuses to accept the Goods, the delivery address is incorrect or incomplete, there is no reasonable access to the destination, or the handover would be unlawful or dangerous.
16.3. If the Customer does not give a different feasible instruction within a reasonable time, the Courier may return the Goods to the Sender.
16.4. If the failed delivery results from a circumstance attributable to the Customer, the Sender or the Recipient, the Customer bears the previously disclosed or subsequently separately approved fee for waiting time, return carriage or additional carriage.
16.5. The Courier may not destroy, dispose of or otherwise deal with the Goods without an instruction from the Customer or another lawful basis.
17. Handover of the Goods
17.1. The Goods are handed over to the Recipient named in the Order or to a person whom the Courier may, in the circumstances, reasonably consider to be authorised by the Recipient to accept the Goods.
17.2. The Platform may use the Recipient's signature, a PIN or confirmation code, a photograph, an electronic confirmation made on the Platform, a time and location stamp or other reasonable electronic evidence to document the handover of the Goods.
17.3. The data referred to in clause 17.2 serve as evidence of the circumstances of the handover of the Goods but do not exclude the right of the Customer or the Courier to prove the actual circumstances by other admissible evidence.
17.4. The Courier may not use photographs or other data taken as proof of handover for any purpose unrelated to the performance of the Order.
18. Unattended handover
18.1. If the Customer or the Recipient gives, in the HEVA application or in another form that can be reproduced in writing, an express instruction to leave the Goods at a specified place without personal handover, the Courier may do so where this is permitted by law, the nature of the Goods allows it, and complying with the instruction is not clearly unreasonable or dangerous.
18.2. The Courier may document the leaving of the Goods with a photograph and a time and location stamp.
18.3. If the Goods have been duly left at the place specified by the Customer or the Recipient, the Customer bears from that moment the risk of events outside the Courier's control, to the extent permitted by applicable law.
19. Prohibited and restricted Goods
19.1. The following may not be handed over for carriage through the Platform: illegal substances or items; narcotic or psychotropic substances without a lawful basis; explosives and pyrotechnics; firearms, ammunition or other specially regulated weapons; radioactive, toxic, corrosive, infectious or other hazardous substances; human bodies, human organs or specially regulated biological materials; live animals, unless the Platform offers a corresponding licensed special service; stolen property; cash and bearer securities; exceptionally valuable items, unless their carriage has been approved in advance; Goods whose transport requires a special permit or special equipment that the Courier does not have; or any other Goods marked as prohibited on the Platform.
19.2. The carriage of alcohol, tobacco, medicinal products or other Goods subject to age or activity restrictions is permitted only where the Platform expressly offers the corresponding service and all conditions arising from legislation are met.
19.3. The Courier may refuse to accept prohibited or dangerous Goods.
19.4. If the Customer hands over for carriage Goods whose carriage is prohibited, or in respect of which the Customer has failed to disclose the required restrictions or permits, the Customer is liable for the resulting consequences to the extent provided by law. Neither the Courier nor HEVA is liable for damage to the extent that it was caused by that breach or by lawful intervention of a public authority. This provision does not exclude liability for restricted Goods expressly permitted on the Platform and duly accepted, nor any liability that cannot be excluded or limited by law.
20. Goods of special value
20.1. The Customer must disclose the special value of the Goods where the Platform requires this, or where the value of the Goods is materially higher than usual for Goods of that type and the value reasonably affects the assessment of the risk of carriage.
20.2. HEVA may set a maximum declared value for Goods carried under the standard service.
20.3. The carriage of Goods worth more than the maximum value may require the Courier's separate consent, additional insurance or a special service.
20.4. This clause does not limit the Courier's statutory liability to the extent that it cannot be limited by agreement.
21. Obligations of the Customer
21.1. The Customer undertakes to use the Platform lawfully, to provide correct information, to ensure the proper packaging of the Goods, to ensure safe and reasonable access, not to hand over prohibited or restricted Goods for carriage, to comply with justified safety requirements, to communicate respectfully with the Courier and HEVA, to pay the agreed fees and not to use the Platform for the purpose of fraud or any other unlawful activity.
21.2. The Customer must ensure that they have the right to provide HEVA and the Courier with the Sender and Recipient data necessary for the performance of the Order.
22. Liability of the Courier
22.1. The Courier is liable to the Customer for the performance of the Contract of Carriage.
22.2. To the extent provided by law and the Contract of Carriage, the Courier's liability covers, among other things, the acceptance of the Goods for carriage, the safekeeping of the Goods during carriage, proper transport, the handover of the Goods, the loss of the Goods, damage to the Goods and exceeding the delivery deadline.
22.3. The Courier's liability is determined under the Contract of Carriage and applicable law, including the provisions of the Law of Obligations Act governing contracts of carriage.
22.4. HEVA enables the Customer to submit a complaint to the Courier through the Platform.
22.5. HEVA's involvement in forwarding, documenting or technically processing a complaint does not constitute an admission of liability by HEVA and does not make HEVA a party to the Contract of Carriage.
23. Complaints concerning the Goods
23.1. The Customer or the Recipient must notify the Courier, or HEVA as intermediary, of any visually apparent damage to or defect in the Goods no later than within one day of receipt of the Goods and, where possible, document the damage upon receipt.
23.2. The Customer or the Recipient must notify the Courier, or HEVA as intermediary, of any hidden damage or defect without delay after becoming aware of the damage or defect, observing the notification deadlines and rules of evidence arising from applicable law. A delay in notification does not in itself extinguish a claim for damages.
23.3. A complaint should state at least the Order number, a description of the incident, a description of the damage or loss, any available photographs or other evidence, documents proving the value of the Goods, and the amount and basis of the claim.
23.4. A complaint may be submitted through the Platform or by e-mail to info@heva.me.
23.5. HEVA forwards a complaint concerning the performance of the Contract of Carriage to the Courier where necessary and may assist the parties in documenting the circumstances.
23.6. HEVA may, on a lawful basis, pass on information necessary for processing a claim to the Customer, the Courier, an insurer or another person concerned.
24. Liability of HEVA
24.1. HEVA is liable to the Customer for the conformity of the Platform Service provided by HEVA with the terms of the agreement.
24.2. HEVA is not liable for the Courier's breach of obligations arising from the Contract of Carriage merely because the Contract of Carriage was concluded through the Platform, HEVA intermediated the Order, HEVA enabled communication between the Customer and the Courier, HEVA intermediated the payment, HEVA enabled the location of the Order to be tracked or HEVA forwarded the Customer's complaint.
24.3. HEVA is not liable for loss of or damage to the Goods or delay in delivery resulting from an act or omission of the Courier, except to the extent that the damage was caused by a breach of HEVA's own obligation.
24.4. HEVA is not liable for damage to the extent that it was caused by incorrect or incomplete information from the Customer, an unsuitable service category selected by the Customer, inadequate packaging, a characteristic or defect of the Goods themselves, the handing over of prohibited Goods for carriage, failure to disclose a necessary handling instruction, or the actions of the Sender or the Recipient.
24.5. HEVA does not guarantee that the Platform will operate entirely without interruption or error, but makes its best efforts to that end and follows the good practice and rules applicable to a person engaged in the relevant economic or professional activity.
24.6. HEVA may temporarily restrict the Platform for maintenance, software updates, the elimination of a security risk, the resolution of a technical fault or the performance of an obligation arising from law or from an order of a public authority.
24.7. HEVA does not exclude or limit liability for intentional breach or any other liability that may not be excluded or limited by law.
24.8. No limitation of liability applies to a Consumer to the extent that it would reduce the rights of the Consumer arising from mandatory law.
24.9. In respect of a Business Customer, an additional monetary limit on HEVA's liability may be provided for in separate B2B terms or in a special agreement.
25. Availability of the Platform
25.1. HEVA takes reasonable measures to ensure the reliability and security of the Platform.
25.2. The Platform may be temporarily unavailable due to, among other things, maintenance, software updates, a communications network failure, a failure of a third-party service, a payment service failure, a cyber incident, a power outage or another event beyond HEVA's reasonable control.
25.3. HEVA does not guarantee the availability of Couriers at a particular time or in a particular area.
25.4. Placing an Order does not, before its acceptance by a Courier, entitle the Customer to demand that any particular Courier perform the Order.
26. Prohibited conduct on the Platform
26.1. The following are prohibited on the Platform: the use of a false identity or false information, fraud or payment fraud, the use of the Platform for the purpose of unlawful activity, circumventing the Platform's security systems, technical manipulation of the Platform, the use of unauthorised bots, scripts or automated tools, selling or unauthorised transfer of the Account, threatening or harassing a Courier, another user or a HEVA employee, misuse of personal data obtained from the Platform, and unjustified disruption of the operation of the Platform.
26.2. In the event of a serious breach or an immediate security risk, HEVA may suspend the Account temporarily or close it without delay.
27. Personal data
27.1. HEVA processes personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, the Estonian Personal Data Protection Act and HEVA's privacy policy.
27.2. HEVA may process, among other things, identification and contact data, Account data, Order data, collection points and destinations, location data, payment-related data, device and log data, customer support communications and proof of handover of the Goods.
27.3. HEVA passes on to the Courier only such data of the Customer, the Sender and the Recipient as is reasonably necessary for the performance of the Order or for compliance with a legal obligation.
27.4. The Courier does not acquire any right to use the data passed on to them for any purpose unrelated to the Order.
27.5. The purposes and legal bases of the processing of personal data, retention periods, recipients, international data transfers and the rights of data subjects are described in more detail in HEVA's privacy policy.
27.6. Where required by law, HEVA has the right to carry out a know-your-customer (KYC) procedure within the limits defined by law and to pass on the data to the competent supervisory authority or body.
28. Intellectual property
28.1. The Platform, its software, design, texts, databases, trade marks and other intellectual property belong to HEVA or its licensors.
28.2. The Customer is granted a limited, non-exclusive, non-transferable and revocable right to use the Platform for the purpose set out in the Terms.
28.3. Without HEVA's prior consent, the Customer may not copy or distribute the Platform, modify the Platform, reverse engineer the Platform beyond the extent expressly permitted by law, use the Platform for mass automated collection of data, or use HEVA's intellectual property to create a competing service in a manner that infringes HEVA's rights.
29. Suspension and termination of the Account
29.1. The Customer may terminate the Account at any time, provided that they have no active Orders or outstanding payment obligations.
29.2. HEVA may temporarily suspend the Account where there is a reasonable suspicion of fraud, unlawful activity, misuse of the Account, payment fraud, a material security breach, endangering a Courier or another person, or a material breach of the Terms.
29.3. HEVA may terminate the Account in the event of a material or repeated breach of the Terms.
29.4. If the breach can be remedied and there is no need for immediate intervention, HEVA gives the Customer, where possible, a reasonable period to remedy the breach.
29.5. HEVA may terminate the Account without delay if the breach involves, for example, fraud, violence, an intentional security breach or another particularly serious breach.
29.6. Suspension or termination of the Account does not affect any monetary or other claims that arose before it.
30. Amendment of the Terms
30.1. HEVA may amend the Terms where justified, in particular due to changes in legislation or case law, changes in the functionality of the Platform, the addition of new services, security or fraud risks, changes in payment solutions, changes in technical solutions or a justified change in the business model.
30.2. The Customer is notified of a material amendment that is detrimental to the Customer within a reasonable time before it takes effect.
30.3. An amendment may take effect immediately where this is necessary to comply with a requirement arising from law or from an order of a public authority, to eliminate a material security threat, or to prevent fraud or misuse of the Platform.
30.4. An amendment does not retroactively affect a Contract of Carriage already concluded, unless this follows from law or is more favourable to the Customer.
30.5. If an amendment of the Terms materially affects an ongoing Platform Service agreement, the Customer may terminate the Account before the amendment takes effect.
31. Force majeure
31.1. A party is not liable for a breach of an obligation to the extent that the breach is caused by a circumstance which the party could not influence and which the party could not reasonably have been expected to avoid or to overcome the consequences of.
31.2. Depending on the case, such a circumstance may include, among other things, a large-scale natural disaster, war or armed conflict, a large-scale disturbance of public order, an unexpected restriction imposed by a public authority, a large-scale power or communications outage or another comparable extraordinary event.
31.3. Normal traffic load, normal weather conditions or normal economic risk do not in themselves constitute force majeure.
32. Complaints and dispute resolution
32.1. In the event of a question or complaint, the Customer is asked to first contact HEVA at info@heva.me or to use the customer support function on the Platform.
32.2. HEVA handles complaints concerning its own Platform Service and, where necessary, helps to forward a complaint concerning the performance of the Contract of Carriage to the Courier.
32.3. The proper addressee of a claim for damages or performance arising from the Contract of Carriage is, as a rule, the Courier as a party to the Contract of Carriage.
32.4. HEVA may mediate the resolution of a dispute between the Customer and the Courier, but is not obliged to satisfy the Customer's claim in place of the Courier, unless HEVA's own liability arises from law or contract.
32.5. A written complaint from a Consumer is answered within the period provided by law.
32.6. If a dispute between a Consumer and HEVA concerning HEVA's Platform Service cannot be resolved by agreement, the Consumer may, under the conditions provided by law, apply to the Consumer Disputes Committee operating at the Consumer Protection and Technical Regulatory Authority or to the competent court.
32.7. The Terms and the Platform Service agreement between HEVA and the Customer are governed by Estonian law.
32.8. The jurisdiction applicable to a Consumer is determined under mandatory law.
32.9. Disputes arising from the Platform Service agreement between a Business Customer and HEVA are, in the absence of an agreement, resolved by Harju County Court, unless a different mandatory jurisdiction follows from law.
33. Other provisions
33.1. The Terms, the details of the specific Order, the price list published on the Platform and HEVA's privacy policy together form, to the relevant extent, the contractual framework for the use of the Platform.
33.2. The specific terms of the Contract of Carriage between the Customer and the Courier are determined primarily on the basis of the details confirmed in the Order, the terms applicable to the Courier and the law.
33.3. If any provision of the Terms proves to be void or unenforceable, this does not affect the validity of the remaining Terms, unless the agreement cannot reasonably be regarded as valid without that provision.
33.4. In place of a void or unenforceable provision, the rules provided by law apply and, where possible, the remaining Terms are interpreted in a manner that best corresponds to the lawful economic purpose of the original provision.
33.5. A failure by HEVA to exercise a right, or a delay in exercising it, does not constitute a waiver of that right.
33.6. The Customer may not transfer the Platform Service agreement or the obligations arising from it without HEVA's prior consent, except where permitted by law.
33.7. In the event of a transfer or reorganisation of the business, the Platform or the relevant field of activity, HEVA may transfer the Platform Service agreements to a legal successor, provided that this does not unlawfully reduce the rights of the Consumer.
33.8. The section headings of the Terms are included solely for ease of reading and do not affect the interpretation of the Terms.
34. Operator details
HEVA Technology OÜ
registry code: 17448087
registrar: Estonian Commercial Register
registered address: Pärnu mnt. 158/1, 11317 Tallinn, Republic of Estonia
E-mail: info@heva.me
Web: heva.me