This Agreement describes the Terms and Conditions applicable to your use of our services available on the www.truck4me.africa website or our mobile applications.
Once you accept the Terms and Conditions of this Agreement, you hereby agree and acknowledge that at anytime and in our sole discretion, we reserve the right to modify these Terms and Conditions or any other policies relating to the website and mobile platforms by posting the modified Agreement with its new Terms and Conditions on our website or mobile platforms. All modified terms and conditions shall take effect immediately after posting to the Truck4Me Limited’s website or mobile platforms and any person who continues to use the services shall be bound by the revised terms and conditions as of the effective date.
Definitions and Interpretations
means all goods, cargo or shipments including containers, pallets and other packaging and includes perishables handed over to the Transporter for delivery.
shall refer to the driver of the vehicle or a transport/haulage company registered on the Truck4Me platform.
“Shipper” shall refer to any person or company submitting a request for transportation services on the Truck4Me platform.
“Goods/Freight Recipient” means any person or company to whom the goods are delivered to using the transportation services available on the Truck4Me platform.
means the physical carriage of goods by road.
means the use of our website and/or mobile platforms to arrange or schedule goods moving services.
“Third party contractor”
means any person that is not a party to this Agreement.
” means a group of goods from different Shippers that are consolidated and sent to various Goods Recipients in a single truck with a common route/destination.
All users should read our Terms and Conditions before using our website or downloading our mobile applications
2. OUR SERVICES
Truck4Me Limited provides a technology platform only, through its mobile applications or website, where Shipping Customers “Shippers” and “Transporters’’ can meet and enter into agreements to arrange and schedule goods moving services.
Truck4Me Limited is not a transportation company or a carrier and the services provided through its website and mobile platforms are provided by independent third-party contractors and service providers not employed by Truck4Me Limited. As a result, Truck4Me Limited has no control over the quality, safety, or legal aspects of the transactions that take place on its website or mobile platforms. Truck4Me Limited does not prequalify or validate the claims of Transporters including with respect to their vehicle, driver, license, insurance and registration. Truck4Me Limited solely acts as a digital platform where two parties may agree on a price for a particular type of service.
Truck4Me Limited is a neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services.
You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between Shipping Customers and Transporters, we have no control over the accuracy of listings, the ability of Transporters to transport items, or the ability of Shipping Customers to send items. We cannot ensure that a Shipping Customer or Transporter will actually complete a shipment.
Third Party Providers
You acknowledge that Truck4Me Limited does not provide any services including goods moving, goods wrapping, transportation or logistics services or function as an operator of any such services or as a transportation carrier and that all such transportation or services are provided by independent third-party contractors who are not employed by Truck4Me Limited or any of its affiliates. Truck4Me Limited maintains records of the independent third contractors for verification of identity, business activities and contact. You therefore acknowledge that you are bound by both, the services Terms and Conditions and the performance standards of the third-party contractors for the provision of such services.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services except as expressly permitted by Truck4Me; (iii) decompile, reverse engineer or disassemble the services except as may be permitted by applicable law; (iv)link to, mirror or frame any portion of the services; (v)cause or launch any programmes or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services; or (vi) attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks.
The services and all rights therein are and shall remain Truck4Me Limited’s property. Neither these Terms nor your use of the services convey or grant you any rights to: i) the services except for the limited access and use granted above and ii) use or refer to in any manner to Truck4Me Limited’s company name, logos, products, services and names, trademarks and services marks.
Other Terms and Conditions
You acknowledge and agree that we have the sole discretion to set forth and post additional Terms and Conditions for your use of the website and mobile platforms at various places throughout the website and mobile platforms. You agree that those additional Terms and Conditions shall be considered an effective amendment to this Agreement and said Terms and Conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional Terms and Conditions and the specific Terms and Conditions set forth herein, the Terms and Conditions set forth herein shall govern.
3. USE OF OUR SERVICES
General User Obligations
You agree that the website and mobile platforms are for services only and that work that you provide will only involve services. You agree that you will not use your participation on the Truck4Me website or mobile platforms as a means to sell or market any types of goods or products, unless specifically allowed by Truck4Me Limited. You will not, in your use of the services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the services, and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity.
Information You Submit
You are solely responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing Truck4Me Limited’s transaction and commission fees. Information may not contain any viruses or other malware that may damage or interfere with our website and mobile platforms. You authorise Truck4Me Limited to use the information you supply in connection with our services and in accordance with this Agreement. Our website and mobile platforms act as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website and mobile platforms that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website and mobile platforms acts as a passive conduit for any of your on-line communication or distribution of content or information.
You further represent and warrant that you are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website or mobile platforms. Any and all of your online communication, content and/or information:
Will not violate any domestic or international law, regulation, rule, or statute;
Will not violate the terms of this Agreement;
Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
Will not be libellous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about Truck4Me Limited employees, agents, other members, or the services itself;
Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our website, mobile application, operation of any of our systems and or create or impose a large burden or load on our website or mobile platforms;
Will not scan or test the vulnerability or security of our website, mobile platforms or the system within which it operates;
Will not be used for commercial or public purposes outside of the requirements of this Agreement;
Will not create liability for Truck4Me Limited and its affiliates in any manner whatsoever;
Will not frame or link to our website without our written permission; and
Will not involve the upload, or insertion of, any programming language or code into or onto our website or mobile platforms.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
You acknowledge that you are at least 18 years of age. If you are registering as a business entity, the use of the website and mobile platforms is interpreted to mean that you have the full contractual capacity, right and authority to enter into this agreements and can therefore form legally binding contracts under the applicable law of Ghana.
Creation of Account
In order to use the services, you must register, maintain and update an active personal user services account (“My Account”). In order to create an account, you will be required to submit certain personal information to Truck4Me, such as but not limited to your name, email address, mobile phone number and date of birth, as well as at least one valid payment method (either card or digital wallet).
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Truck4Me Limited in writing, all users may only possess one Account on any of our platforms.
User Requirements and Conduct
Truck4Me Limited grants you a limited, non-exclusive and non-transferrable access and use to: i) its website and mobile platforms on your personal device solely in connection with your use of the services, ii) the content, information and related materials made available through the services, in each case solely for your personal, non-commercial use and iii) to the website and mobile platforms on employer’s or employee’s devices solely in connection with the use of the services and in compliance with the Terms and Conditions of Truck4Me Limited.
Your Truck4Me Limited membership may not be transferred, assigned nor sold to another party under the same identity.
By using the website and mobile platforms, you will be bound by all the laws regulating the use of online websites and applications within the Republic of Ghana.
Push Notifications and Text Messaging
By creating an Account, you agree that the services may send you informational notifications (push, SMS text messages or email) as part of the normal business operation of your use of the services. You may opt-out of receiving notifications from Truck4Me Limited at any time by sending an email to email@example.com
indicating that you no longer wish to receive such notifications, along with the phone number of the mobile device receiving the notifications. You acknowledge that opting out of receiving notifications may impact your use of the services.
As a Transporter your obligations include: i) being legally able to transport the shipments ii) having all valid license and documentation to operate the vehicle they intend to use, iii) obtaining all necessary permissions and documentations from regulatory authorities, traffic authorities and any other regulatory body; for both local or international transit transportation.
You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state licensing requirements. You must describe your offer and all its terms. You acknowledge that the Truck4Me website and mobile platforms exist for members to make a fully informed decision about services offering, policies and procedures. Therefore, you shall disclose to every member your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges.
Your offer may only include content relevant to the description of your transportation services. If the Shipper accepts your offer, you are obligated to perform the services offered and at the agreed price.
Transporters are responsible for obtaining and guaranteeing the data network access necessary to the use of the services including the GPS location of their drivers at all times.
In the event, that you charge "extra fees" (and we are made aware of this fact), Truck4Me Limited reserves the right to suspend or cancel your Account at our sole discretion.
As a Shipper, you are obligated to complete the transaction with the Transporter if you accept the Transporter’s price, unless the transaction is prohibited by law or by this Agreement. By accepting a Transporter's offer, you agree to be bound by the conditions of the offer included so long as those transportation details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: i) the Transporter materially changes the offer details after your acceptance; ii) a typographical error is made; or iii) you cannot authenticate the Transporter's identity or credentials. The Transporter reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. Truck4Me Limited does not screen or qualify Transporters for compliance with federal, state or local laws and regulations. It is recommended that you confirm such compliance directly with the Transporter before the Transporter renders any services.
When using the Truck4Me Limited’s website or mobile applications for moving goods, Shippers are responsible for the packaging, loading and unloading of their goods, including proper tying and stacking of goods on the truck as required and suitable to their product. Shippers are responsible to ensure that electric power is available at the pick-up location in case of need.
Shippers are responsible to ensure adequate arrangements are made for loading and unloading and any delays caused to the goods moving services due to inability to complete the loading or unloading of the truck will incur additional charges by Truck4Me Limited.
Shippers shall not subject the Transporter to unreasonable delays. In case of delay at the Shipper’s end, the Transporter agrees to grant a graceful waiting period of 1 hour by which loading of goods should start. In case the delay exceeds 1 hour from when the Driver arrives at pickup location and notifies his company, the Transporter may be at liberty to cancel the trip, leave the pickup location and receive incurred payment of 50% of the total fee charged. This cancellation fee is intended to fully compensate the Transporter’s inconvenience.
Goods Recipient Obligations
Goods Recipient Obligations
Recipients of the goods are responsible for the unloading of the goods and ensuring adequate arrangements are made for unloading the goods and any delays caused to the goods moving services due to inability to complete the unloading of the truck will incur additional charges by Truck4Me Limited.
Recipients of the goods are responsible to ensure that electric power is available at their premises in case of need. Adequate tools and equipment for unloading of the goods are to be provided at the delivery location in order to complete the unloading smoothly and efficiently.
Upon delivery, the Recipient of the goods shall check the condition of the goods, the quantity, the number and weight of packages and shall immediately report any apparent defects and missing items. Should any irregularity or missing item not be immediately apparent, the Recipient of the goods shall send due reservations in writing within seven days after delivery. Otherwise, the conditions of the goods shall be deemed as delivered in the agreed upon condition.
Prohibited and Restricted Items
Prohibited items including hazardous, dangerous goods or any other items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances) or that cannot be shipped through the mail or commercial carrier are not allowed to be on the Truck4Me website and mobile platforms.
Additional Resources (Helper)
Shippers can request additional resources like helpers for loading and unloading of their freight. Shippers must maintain all obligations to supervise works as necessary and suitable to their consignment. Shippers are responsible to ensure adequate arrangements are made for loading and unloading of their freight. Any delays caused due to inability to complete the loading or unloading of freight may incur additional charges by Truck4me Limited.
Shippers may or may not consent for their goods to be transported in a groupage system, albeit jointly with the goods of different Shippers.
If Shippers do not agree to the groupage, the entire truck will be allocated to the transport of their goods only, full truck charges will apply and Transporters can be much more specific about pickup and delivery times.
If Shipper agrees to the groupage, the Transporter may use the itineraries and means that best fit the interests of the various cargos and Shippers. The charges applicable with then be revised according to the amount of space occupied by the goods on the truck and calculated according to cubic meters or the weight of the goods.
With groupage, Transporters usually have to make an initial run to load the various Shippers’ goods. Then, at the destination, other routes are added for delivering the goods to each Recipient. Therefore, users acknowledge that Transporters that make groupage shipments work with approximate time frames about pickup and delivery times and consent that it may sometime incur delays.
During groupage, some goods cannot be loaded with certain other goods in the same truck as it may result in the deterioration of quality of either goods or both. Transporters should therefore be informed by the Shippers using the comment section on the website or mobile platforms. Transporters are usually cautious when grouping the different types of goods so that the goods do not move around in the truck causing damage.
Transporters shall provide Shippers with an estimated pickup and estimated delivery time and date. However, delays may occur prior, and/or during, transport due to weather, road conditions, mechanical problems, etc. There are no guarantees regarding pick up and delivery times and dates. Truck4Me shall not be held responsible for loss for damages occasioned by delays of any kind or for any reason. Truck4Me shall note be held liable for the failure of mechanical or operating parts of Transporter’s vehicle.
Shippers may decide to post their transportation request on Truck4Me Limited’s website or mobile platforms for Transporters to bid on.
Such requests shall be entered by the Shippers on their own accord via the fields provided for this purpose on the website or mobile platforms. Bidding is automatically blocked on a request on the expected start date of the trip.
Transporters bidding shall make a bid by entering an amount within the bidding period. Shippers shall consider all offers and may request for a counter offer from Transporters only once. Shippers may also decide to accept or reject the offers from Transporters. Accepted bids will be automatically blocked for further bidding. However, requests with rejected bids may remain on the website or mobile platforms until the bidding period is completed.
Users may not manipulate the course of any bid by making bids via another account or through the express intervention of a third party.
Truck4Me Limited arranges for the insurance of the goods with an insurer of its choice only if Shippers instruct Truck4Me Limited to do so by selecting the option on the website and mobile platforms.
Shippers may or may not contract the insurance suggested by Truck4Me Limited to cover the risk of possible losses of goods during the transport that the Transporter has been charged with. If selected during the service, the insurance cost will be calculated by the system and added directly to the Transportation charges. The maximum value of the goods to be covered by the insurance is $50,000 or Ghana Cedi equivalent at the Bank of Ghana prevailing rate.
All insurances effected are subject to the usual exceptions and conditions of the policies of the insurance company
The Shipper is insured against accidental loss of or damage to the Property Insured resulting from:
an accident to the carrying vehicle
theft following violence or threat of violence against an employee of the Insured or carrier other than at the Shipper’s own premises occurring during the period of insurance whilst in transit as stated in the shipping schedule.
The Insurance Policy does not cover:
any consequence of war invasion act of foreign enemy hostilities (whether war be declared or not) civil war rebellion revolution insurrection military or usurped power riot or civil commotion.
any loss directly or indirectly caused by or arising from or in consequence of or contributed to by
ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. Solely for the purpose of this Exception combustion shall include any self-sustaining process of nuclear fission
nuclear weapons material
loss or damage due to the dishonesty of any employee or servant of the Insured his agents or carrier or to theft or attempt thereat by any such employee or servant.
The Shipper shall take all reasonable precautions for the safety of the Property Insured.
Upon the happening of any event giving rise or likely to give rise to a claim under this Policy:
the Shipper shall give immediate notice thereof in writing to the Insurance Company stating the circumstances and unless such notice be received by the Insurance Company within one month of the happening of such event the Insurance Company shall be under no liability for any loss or damage occurring in connection with such event.
the Shipper shall forthwith notify the carriers or railway or shipping company or authority in whose care the Property Insured was at the time of such event.
In the case of loss by theft pilferage or accidental means the Shipper shall forthwith give notice thereof to the Policy
The Shipper shall deliver to the Insurance Company within seven days after any loss or damage shall have come to his knowledge or such further time as the Insurance Company may allow a claim in writing for the loss and damage containing as particular an account as may be reasonably practicable of the several articles lost or damaged stating the value thereof and the amount of damage thereto respectively. The Shipper shall also give to the Insurance Company all such further particulars information proofs and explanations as may be reasonably required.
If any loss or damage or any part thereof is covered by any part thereof is covered by any other insurance the Insurance Company shall not be liable to pay or contribute more than its rateable proportion thereof. If any such other insurance shall be more specific than this insurance then this Policy shall not insure the property thus more specifically insured except as regards any excess of value beyond the amount of such more specific insurance.
If the Property Insured shall at the time of the occurrence of any loss or damage be of greater value than the Sum Insured then the Shipper shall be considered as being his own insurer for the difference and shall bear a rateable share of the amount of the loss or damage accordingly. Every Item of the Property Insured shall be separately subject to this Condition.
All differences arising out of this Policy shall in accordance with and subject to the provisions of the Alternative Dispute Resolution Act 2010 (Act 798) or any statutory modification or re-enactment therefore be referred to the arbitration of some person to be appointed by both parties or if they cannot agree upon a single Arbitrator to the decision of two Arbitrators one to be appointed in writing by each party and in case of disagreement between the Arbitrators to the decision of an umpire who shall have been appointed in writing by the Arbitrators before entering on the reference. If the Insurance Company shall disclaim liability to the Shipper for any claim hereunder and such claim shall not within 12 calendar months from the date of such disclaimer have been referred to arbitration under the provisions herein contained then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder. The making of an Award shall be a condition precedent to any liability of the Insurance Company or any writing of action against the Insurance Company.
Should any insurer dispute its liability in terms of any insurance policy in respect of any goods, the Shipper concerned shall have recourse against such Insurance Company only and Truck4Me Limited shall not have any responsibility or liability whatsoever.
Insofar as Truck4Me Limited agrees to arrange insurance, Truck4Me Limited acts solely as agent for and on behalf of the Shipper.
Truck4Me Limited is obliged to cover its liabilities resulting from these Terms and Conditions with an Insurance Company of its choice and will provide proof oh his liability insurance cove upon the Shipper’s written request sent to firstname.lastname@example.org
Multiple service booking may result in multiple insurances charges to the Shipper.
Network Access and Devices
Shippers, Transporters and Recipient of goods are responsible for obtaining the data network access necessary to use the services.
Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and mobile platforms and any updates thereto. Truck4Me Limited does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Rating and Feedbacks
After you have received services obtained through the Truck4Me Limited’s website or mobile platforms, you will have the opportunity to rate your experience and leave additional feedback.
Any content provided by you remains your property and your views. However, you agree not to provide content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as per Truck4Me Limited’s Terms and Conditions.
Manipulating Ratings and Feedbacks
You acknowledge and agree that the Truck4Me Limited’s website or mobile platforms are a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the site is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) and for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the site, you shall NOT:
Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member;
Post and/or cut and paste and/or copy the content of a member feedback review from the Truck4Me Limited website or mobile platforms to your own personal or business website, to any other third-party web site and/or on any of your own personal, business or third-party marketing/advertising materials regardless of the form;
Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other);
Post or attempt to post, in any manner or by any means, a feedback review on your own account;
Ask shipping customers to pay off-site through another form of payment when they have already paid through Truck4Me Limited.
In case, of breach, Truck4me may, in Truck4Me Limited’s sole discretion, suspend your account without further notice to or consent from you.
Truck4Me Limited prohibits offers by its members to transport listed shipments, or to offer listed shipments for transport, outside of the Truck4Me Limited website and mobile platforms. Offers of this nature circumvent Truck4Me Limited’s fee structure and are a potential fraud risk for both Shippers and Transporters. Some examples of off-site offers include:
Entering personal contact information, such as website addresses, phone numbers or email addresses, in Truck4Me's comment system, profile section, username, discussion, shipment listing, or shipment description;
Using personal contact information, such as website addresses, phone numbers, or email addresses, obtained through Truck4Me Limited’s website or mobile platforms.
Truck4Me Limited reserves the right to edit, amend, or delete any personal contact information that members submit on its website or mobile platforms. Truck4Me Limited reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.
Truck4Me Limited may, in Truck4Me’s sole discretion, create promotions or promotional codes that may be redeemed for Account credit, or other features or benefits related to the services and/or a Third Party Provider’s services, subject to any additional terms that Truck4Me Limited establishes on a per promotional code basis. You agree that promotions and promotional 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 (whether posted to a public form or otherwise), unless expressly permitted by Truck4Me Limited; iii) may be disabled by Truck4Me Limited at any time for any reason without liability to Truck4Me Limited; iv) may only be used pursuant to the specific terms that Truck4Me establishes for such promotion; v) may or may not be valid for cash; and vi) may expire prior to your use.
In the event that Truck4Me Limited determines or believes that the use or redemption of the promotion or promotion code was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms, Truck4Me Limited reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promotion by you or any other user.
Truck4Me may suspend or terminate your Account if we suspect that you have engaged in fraudulent activity in connection with our website or mobile platforms. Members may not manipulate the ad prices for any shipment or interfere with other members' listings or transactions.
4. CHARGES TERMS, CANCELLATION TERMS AND REFUND POLICY
Access free of charge
The access to our website and mobile platforms are free of charge. There is no monthly subscription fee to access our website or to download our mobile applications.
Charges for the service
As a Shipper, you understand that the use of the service through Truck4me Limited’s website or mobile platforms will result in charges to you for the service you receive from a Transporter. Charges will be quoted by the Transporter solely and based on the information provided by the Shipper while requesting the quote. Quotes for transportation of goods are based on size and type of truck selected, labor, fuel, working hours allowance and the number of days in case of cross-border service amongst others.
Before receiving such transportation service obtained through your use of the website or mobile platforms, Truck4me will facilitate your payment of the applicable charges on behalf of the Transporter and as such act as a Transporter’s limited payment collection agent, to which the Transporter has consented to when using our website and mobile platforms. Payment of the charges in such manner shall be considered the same as payment made directly by you to the Transporter.
All charges related to the transportation service including Truck4me limited’s commission are to be paid according to the payment option selected meaning either 100% of the payment by the Shipper before collection of the goods by the Transporter or may be done according to the Milestone selected, and to which you agree and consent to the payment terms, of 50% upfront before collection and the remaining 50% upon delivery.
Charges will be inclusive of applicable commissions, taxes and transit charges where required by law. Charges paid by you are final and non- refundable, unless otherwise determined by Truck4me.
Truck4Me limited is not responsible for the tabulation or remittance of any Value Added Tax or any other taxes payable for the use of the service to the Government of Ghana. Any commission chargeable by Truck4Me limited for the use of its website and mobile platforms is exclusive of all taxes and levies and the same is due immediately upon use of our services and is non-refundable.
Transporters rates are for services confirmed in the quote or auction only; and include tolls, taxes, transportation fees, parking fees and all required charges for the transportation service and other services rendered to the Shipper. Charges collected by Truck4me limited, on behalf of the Transporter, will be paid to the transporter, deducting Truck4me’s commission, maximum 7 calendar days after the completion of the service by the Transporter and after full payment has been received from the Shipper.
The Transporter shall be paid maximum seven (7) calendar days after the delivery and all its required tasks as agreed with Shipper have been completed. The Transporter shall not subsequently revise the rate accepted by a Shipper on the platform. The Transporter shall not collect payment on behalf of Truck4Me limited and shall ensure all payments by Shipper are made through the Truck4Me website or mobile platforms. The Transporter hereby acknowledges that Truck4Me limited shall not be liable in any way in the unfortunate event that a Shipper refuses to make payment after the Transporter makes a successful delivery.
By using the website or the mobile platforms, the Shipper agrees to make prompt payment for all services rendered by the use of the website and mobile platforms and give unlimited power to Truck4Me limited to enforce payment of any unpaid amounts by you. Truck4Me shall be entitled to take any legal steps for recovery of the debt as may be necessary. By using our website and mobile platforms, the Shipper also accepts to be solely responsible for all costs and disbursements incurred by Truck4Me limited during the recovery process of unpaid amounts.
Truck4Me limited reserves the right to establish or revise it’s own commission charges for the use of its website and mobile platforms at any time in Truck4me’s sole discretion.
Further, you acknowledge and agree that charges applicable in certain geographical areas and/or during certain specific days; may increase substantially during times of high demand.
Additionally, the charges applicable may be altered, provided the circumstances have arisen which modify the conditions in which the proposals were based upon, namely:
Inaccuracy or subsequent alteration of Shippers statement regarding the content, weights, volumes and values of the goods subject of the service.
Transporting in a manner that differs from that proposed by the Transporter or traffic interruptions on scheduled itineraries, requiring the use of more costly means or routes;
Delays in services due to natural, political or any other kind of events not attributable to the Transporter;
Alteration of regulations, conventions, charges, schedules or rates;
Exchange rate changes.
The Shipper will be responsible for the payment of the additional charges and other resources deployed and necessary to the good completion of the service in case:
the service might have spread over a period of time longer than expected;
of inefficient loading and unloading at the various facilities, which are expected to be facilitated by the Shipper and Goods Recipient as per this agreement;
Insufficient or inappropriate packaging, the losses resulting from this are the responsibility of the Shipper.
Truck4Me Limited accepts online payments using Visa and MasterCard credit/debit cards in Ghana Cedis (GHS) or and West African CFA Franc (CFA) currencies and also accepts digital wallet payment made online through Truck4Me Limited’s payment platform provider.
All charges are due immediately and payment will be facilitated by Truck4me Limited using the preferred payment method designated in your Account and during confirmation of the service, after which Truck4me will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Truck4me may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
The details you are asked to submit in order to make or receive a payment in connection to the service provided/received using our website or mobile platforms, will be provided directly to our payment provider via a secured connection.
Multiple service booking may result in multiple postings to the cardholder’s monthly statement or digital wallet.
The cardholder and digital wallet holder must retain a copy of transaction records and Merchant policies and rules.
Unless otherwise stated, all charges are based in Ghana Cedis (GHS) and West African CFA Franc (CFA). For services placed in a different currency, the system automatically uses the conversion rate used by the provider of the payment platform on the payment date to calculate the booking fee. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your username and password, including fees. We recommend that you not disclose your Truck4Me password or any sensitive account information to any third parties. Truck4Me is not responsible for any monetary disputes that reside between a Transporter or Shipping customer; it is the responsibility of both the Transporter and Shipping customer to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of Truck4Me Limited.
A Shipper may elect to cancel your request for services from a Transporter at any time 72 hours prior to the dispatching of the Vehicle and commencement of the trip, without any cancellation charges. Cancellation fee might vary based on the remaining duration until start of requested service i.e. late stage cancellation might attract higher cancellation fees. All cancellations must be made directly on the website or mobile platforms and should be done as early as possible. Any cancellation made less than 72 hours prior to the dispatching of the Vehicle and commencement of the trip will incur payment of 50% of the total fee. This cancellation fee is intended to fully compensate the Transporter’s inconvenience.
A Transporter may elect to cancel a request for services from a Shipper at any time 72 hours prior to the dispatching of the Vehicle and commencement of the trip, without any cancellation charges. All cancellations must be made directly on the website or mobile platforms and should be done as early as possible. For any cancellation made less than 72 hours prior to the dispatching of the Vehicle and commencement of the trip, the Transporter should offer a replacement Vehicle to the Shipper. will incur payment of 50% of the total fee. This cancellation fee is intended to fully compensate the Transporter’s inconvenience.
If a Shipper changes its order, the Transporter shall only be obliged to follow these changes if this is still possible. The Transporter shall not be liable for the consequences arising from the changed order. The Transporter shall be entitled to an additional payment on top of the originally arranged payment that corresponds to the Transporter’s additional work de to the changes to the order. Such changes should be notified to Truck4Me Limited by email at email@example.com
in order for the payment amount to be revised and charged to the Shipper.
Refunds will be done only through the Original Mode of Payment and in the Original Currency within maximum 7 days of Truck4me receiving the cancellation notification. Truck4Me Limited will in turn notify the payment platform provider, which will process the refund according to its Terms and Conditions.
Exchange rate differences between the foreign currency and the currency used in the Republic of Ghana arising from the moment that the agreement on payment has been concluded or the moment that the Transporter has incurred the expenses to the moment of making the payment or reimbursing the expenses shall be borne by the Shipper.
Shippers, Transporters and Recipient of Goods are responsible for collecting and remitting any and all taxes associated with the transactions or use of our website or mobile platform.
5. DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY
We try to keep Truck4Me Limited and its website and mobile applications, services, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our sites, services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Truck4Me Limited responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our website, mobile platforms, services and tools;
Delays or disruptions in our website, mobile platforms, services, or tools;
Viruses or other malicious software obtained by accessing our sites, services, or tools or any site, services, or tool linked to our sites, services, or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our website, mobile platforms, services, and tools or in the information and graphics obtained from them;
The content, actions, or inactions of third parties, including items listed using our website, mobile platform, services, or tools or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account;
Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Truck4Me Limited is not under any obligation to:
Put in place measures to control any malicious software or viruses and will not be liable for any damage to users’ hardware or software devices that may be caused by such. Users are advised to install the requisite tools to protect their devices from such potential harm.
Prevent any kind of loss that may be occasioned by network failures, limitations, delays or disconnections that may cause services to be suspended, cancelled or blocked before, during or after provision of services.
Except as may be expressly provided in this agreement, the company will not be liable to users for any claims arising as a consequence of using the website or mobile platforms, including but not limited to personal injury, loss of data, revenue or profits.
Truck4Me Limited is also under no obligation to guide users on proper usage of the application or devices and will not be held liable for any loss occasioned as a result of improper use of the website or mobile platforms.
Verify the suitability, legality or ability of Transporter’s service providers and by using our website and mobile platforms you expressly waive and release the company from any and all liability, claims or damages arising from or related to disputes involving the transport service providers or any other third parties. Any risk or loss incurred as a result of such interaction with the third parties shall not be the liability of the company to any degree whatsoever.
Truck4Me Limited shall not be held responsible against any claims, costs, losses, legal fees or liabilities whatsoever that may arise out of or in connection to violation of any terms of this agreement or any governing laws, use of the website or mobile platforms otherwise other than as provided by this agreement, breach of any third party rights including providers of transportation services arranged thought the website and mobile platforms.
You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the Truck4Me Limited website and its mobile applications, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Truck4Me Limited and furthermore that no affiliation, association or connection exists between you and Truck4Me Limited.
Truck4Me Limited uses techniques to help verify the identity of Transporters during the registration process on our website or mobile platforms; however, Truck4Me Limited cannot and will not confirm each Service Provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.
6. OTHER PROVISIONS
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.
No Felony Convictions
You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings; criminal, civil or administrative, instituted against you that will prevent you from performing the services.
Unsolicited Idea Submission
We always want to receive messages and feedback from Truck4Me Limited’s members and welcome any comments regarding our platform. However, Truck4Me Limited’s policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by Truck4Me Limitedmight be similar or even identical to your idea. If you do send Truck4Me Limited an unsolicited suggestion, idea, or proposal, or if you send, at the request of Truck4Me Limited, a comment or suggestion to improve the website or mobile platforms (for example, through Discussion Boards or via email) (collectively, the "Submission"), Truck4Me will consider the Submission to be non-confidential and non-proprietary. Truck4Me Limited shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Truck4Me Limited shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
Protection of Intellectual Property Content
The Truck4Me Limited website and mobile platforms contain copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website and mobile application including but not limited to its colour combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website and mobile application does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
7. GOVERNING LAW AND DISPUTE RESOLUTION
Ghana is our country of domicile. The laws of the Republic of Ghana shall govern any dispute to these terms and conditions as the use of this application.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items. Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
Disputes between you and Truck4Me Limited regarding our services should be reported to firstname.lastname@example.org. Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Ghana. We will use our best effort to attempt resolutions to any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to Truck4Me Limited, we will use our best effort to help both parties communicate; however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, you expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third-party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.