PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

  

Key Terms


Westork  Content” means all Contents that Westork makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding User Content.
Collective Content” means User Content and Westork Content.
Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials .
Shopper” means a User who requests a product via the Site, Application or Services, or a User who contacts a traveler and asks them to transport products in exchange of a charge as agreed upon between respective shopper and traveler. A shopper willingly enters into contracts, carries the burden of ordering products, closes deals on their own discretion, and exempts Westork  from any liability and excuses Westork for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the Site, Application, and Service.
Traveler” means a traveler User who creates a listing of their travel plans and consents that upon making a deal with a shopper, he or she is willing to carry a product to transport to the respective shopper in exchange of a charge of any amount on voluntary basis, as agreed in their mutual deal decisions via the Site, Application and Services. A traveler willingly enters into contracts, carries the burden of transporting the products, closes deals on their own discretion, and exempts Westork from any liability and excuses Westork for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the Site, Application, and Services.
Order” means an agreement between a Shopper and a Traveler regarding a requested product and a respective traveler charge.
Listing” means a sharing of a travel information by a Traveler.
User” means a person who completes Westork’s account registration (signup or login) process, including, but not limited to Traveler and Shopper.
User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.

 

Description of the service

Westork is a  commercial trademark, (hereafter referred to as "Westork", "we", "us", or "our") that provides an online platform that connects shoppers who want to buy or acquire products from overseas and travelers who are willing to transport the products for the shoppers upon negotiations that are made between them with the presence of their mutual consent (collectively, the “Services”), which Services are accessible at https://www.westork.com and any other websites through which WESTORK makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).

Westork intervenes only to connect these 2 Users and acts as a trusted third party unblocking the amount upon delivery. The traveler is thus guaranteed to be reimbursed the amount of the Object and to be paid from its Commission/Bonus.

The Users finally inform the Company on the website of the finalization of the Transaction and the delivery of the objects conveyed by traveler. The Company will pay to the latter the amount of the Financial Grace, after deduction of the Commission due to the website (8%).

It is expressly forbidden to convey objects through the Site, in the course of a professional activity and in no case a User can use the website for the purpose of pursuing a professional activity of transport, commerce, or To perform a usual act of business.

In no way will a User be able to make use of the website a usual business activity or his profession or a source of professional income; Professional carriers or any User carrying out the usual transport activity can not carry out their activity through the Site, the Company declining any responsibility in this respect.
Only Users are responsible for the items transported.

 

By using the website and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and WESTORK. Please read carefully these Terms and our Privacy Policy, which may be found at https://www.westork.com/terms, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the website or Application. Failure to use the website and Application in accordance with these Terms may subject you to civil and criminal penalties.

YOU UNDERSTAND AND AGREE THAT WESTORK IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TRAVELER AND SHOPPER, NOR IS WESTORK A SHIPMENT OR TRANSPORTATION AGENCY, RETAILER OR TRAVELER OF PRODUCTS, AGENT OR INSURER. WESTORK HAS NO CONTROL OVER THE CONDUCT OF SHOPPER AND TRAVELER AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY NEGOTIATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

 

Registration conditions

Any user wishing to use the Services of the website must register and open an account by filling in the registration form on the Site; Users may register directly on the website or via the social networks links on the website (Facebook, Instagram, Twitter, Google+)users give Westork access to the data of their social network profile, necessary for the proper operation of the service.

Upon registration, the new user must accept and adhere unreservedly to the conditions of use of the Site.

The User must fill in the registration form: name, first name, address, and guarantee the Company of any false declaration of his part at the time of registration.

The User chooses a password and informs his e-mail address and must give his authorization to the Company to receive information from the latter and its partners and for the transmission of his personal data.

Any User who gives false information at the time of his inscription can see his inscription on the website suspended or suppressed in the sole discretion of the Company without the responsibility of the latter to be engaged.

The website shall not be held liable for improper performance of the Services in the event of non-updating of the data or in case of incorrect data of the user.

The Registration and use of the Website is reserved for a User aged eighteen (18) years or more.

Registration is open to any person of full age who has the capacity to contract.

The User must hold a bank account. The User may not be a legal entity and / or a Trade Professional




Buying Process

The traveler post an ad for his travel on Westork platform (dates, destination, description of the trip and eventually goods he proposes to bring back from abroad)

The shopper connects and identifies the trips that matches the products country of origin and eventually the city to which the shopper wants to be delivered.

The shopper contacts the traveler and explain him what object he would like :

    • As many details as possible regarding the nature of the product (size, color, where to buy it, kind of materials, etc)
    • The price he is willing to pay, the bonus for the traveler, the 8% fee for managing Westork plateform
    • The way the object will be delivered : meeting face to face ; mailpost delivery in order to anticipate the delivery costs. More information regarding delivery methods here
    • Eventually tax and customs

When the traveler accepts to take care of the purchase and delivery of the order, the shopper is invited to pay for the order (through Paypal), a confirmation is sent to the traveler. Westork Paypal account is credited of the total amount the shopper and the shopper settled for (price of the product + bonus + 8% service fee).

A payment confirmation is sent to the traveler, he can now buy the product

When returning from his trip, the traveler has a 4 week delay to deliver the object, a timer is triggered on the website to inform the traveler of the time remaining for delivery

The delivery is done. The shopper has to connect on Westork and clic on "product delivered" button. The traveler receives an email with  a link to connect to his account and ask for the wiretransfer on his account, he will then be credited of the net amount agreed (minus the 8% service fees)

The users are invited to evaluate the other user with whom he / she has been put in contact : rating and comment. Westork reserves the right to display these evaluations on the Website to other users.

 

Prices and payment

Bonus for the traveler

The bonus for the traveler is determined by the traveler and the shopper 

Westork Fees

In order to guarantee the maintenance of the website Westork charges 8% fees for each order completed and delivered. These fees are deduced from the reimbursement amount to the traveler. These fees have to be added by the shopper to the total amount of the order.

Payment

Payment of the Total Amount by the Shopper takes place on the Website, at the time of the Order, through Paypal, in the currency selected by the traveler and all taxes including (TTC). 

Reimbursement Cases

Canceled travel: inability to travel.
Order could not be carried on: the traveler did not have time to carry out the service during the trip.
Product not consistent with the order:  The product is not consistent with the features required during the negotiation process.

 

Customs regulations

Westork requires every User to be aware of customs regulations of a country he is travelling to and from while carrying products. The traveler is expected to charge the customs fees, tax fees, and other tax-related costs from Shopper during the time of making a deal via the Site, Applications, and Services and pay them as they occur.

 

Modification
Westork reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the website or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the website or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

 

Updates to the Terms
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Westork website, applications, or services, which are effective upon posting.

 

Limitation of Liability

Westork makes available a peer-to-peer platform with related technology for Shoppers and Traveler to connect and arrange for Deal between them. Westork is not an owner or traveler or retailer or broker or commissioned agent of including, but not limited to, any product and services made and marketed by third party corporations, companies, individual traveler or government service provider, nor is it a local or international insurance or shipping service. Westork does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, shipping, insurance or transportation or travel services. Westork’s responsibilities are limited to: facilitating the availability of the Site.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF DEALS. WESTORK CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY DEAL. WESTORK IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND DEALS. ACCORDINGLY, ANY DEALS WILL BE MADE AT THE MEMBER’S OWN RISK.

 

No Endorsement
Westork does not endorse any Users or any commercial authenticity of any business entity. In addition, although these Terms require Users to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Westork with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the website and Services regarding any Deal made by you.

Please note that Westork does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Westork reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Westork will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

 

User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;
  • use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
  • "stalk" or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Westork Traveler and Shopper;
  • register for more than one Westork Account or register for an Westork Account on behalf of an individual other than yourself;
  • contact a Shopper for any purpose other than asking a question related to a Deal, such Shopper’s request to carry or Listings;
  • contact a Traveler for any purpose other than asking a question related to a deal or such Traveler’s use of the Site, Application and Services;
  • when acting as a visitor or otherwise, recruit or otherwise solicit any User to join third party services or websites that are competitive to Westork, without Westork’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information or otherwise interact with the Site, Application or Services;
  • use the Site, Application and Services to find a Shopper or Traveler and then complete a booking of a Deal transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to Westork’s provision of the Services;
  • as a Traveler, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  • or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the website or Application, or any individual element within the Site, Services, or Application, Westork’s name, any Westork trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Westork’s express written consent;
  • access, tamper with, or use non-public areas of the website or Application, Westork’s computer systems, or the technical delivery systems of Westork’s providers;
  • attempt to probe, scan, or test the vulnerability of any Westork system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Westork or any of Westork’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

Westork will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Westork may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Westork has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Westork reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Westork, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

 

User Content
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site, Application and Services, you hereby grant to Westork a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site, Application and Services. Westork does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Westork the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Westork’s use of the User Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Westork is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Westork of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

  

Disclaimers
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT WESTORK DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELER AND SHOPPER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WESTORK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WESTORK MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WESTORK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WESTORK OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAVELER AND SHOPPER. YOU UNDERSTAND THAT WESTORK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. WESTORK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELER AND SHOPPER, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY WESTORK. WESTORK EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OR OTHER THIRD PARTY.

 

NB: After, certain areas of the website and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.