Terms of Usage
Trukkin Middle East FZ-LLC (“Trukkin”) is a company registered under laws of UAE and provides technology platform services (website located at www.trukkin.com) and the associated mobile application (“Mobile App”) to enable customers and carriers to get connected to fulfil transportation services. Trukkin is located at ACSS Building, Office 303, Dubai Outsource Zone, Dubai. Trukkin is a member of National Association of Freight and Logistics (NAFL, details about NAFL available at www.nafl.ae) and is bound by the Standards Trading Conditions (STC, available at www.nafl.ae) of NAFL. Customers and Carriers, who sign this Agreement are bound by the conditions laid out in STC to the extent applicable. The provisions in this Agreement are in addition to the conditions in STC.
Transport Technology Corporation For Communications & Information Technology Establishment is a company registered under the laws in KSA and in located at Medad Building, Office 215, East Ring Road, Exit 14-15, Riyadh (“TTCCITE”).
TTCCITE is desirous of using Trukkin’s technology platform and transportation services and Trukkin is willing to license/permit TTCITE to use Trukkin’s technology platform services and transportation services.
Trukkin and TTCCITE henceforth will be referred to as “Company”, “Us”, and “We”).
We provide a service (includes (a) technology platform hosted on the Site and/or Mobile App; and (b) transportation services and all or any other services provided therein or otherwise provided by Us, the “Service”) that connects transport service providers (hereinafter referred to as “Carriers”) to entities or persons (hereinafter referred to as “Customers”) who are willing to avail transportation services.
These terms of service (“Agreement”) set forth the legally binding terms for your use of the service. By accessing or using the service, you are accepting this Agreement, on behalf of yourself or the company, entity or organization that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, on behalf of yourself or the company, entity or organization that you represent.
You may not access or use the service or accept this Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access or use the service.
1.1 General: We help to (a) connect Customers and Carriers for the shipment of freight and cargo locally and cross border by providing a technology platform whereby Customers can post details of desired transportation requests and Carriers can accept such requests (“Platform services”); and (b) allow Customers to avail actual services to transport freight and cargo from one place to another either locally or cross border (“Transportation Services”). “User” means any user of the Service, and may be a Carrier or a Customer. To the extent you are a Carrier, the provisions in this Agreement regarding Carriers apply to you. To the extent you are a Customer, the provisions in this Agreement regarding Customers apply to you. To the extent you are a User, the provisions in this Agreement regarding Users apply to you. Please carefully read the terms defined herein for more information about your responsibilities.
1.2 Platform Services: We act as a neutral technology platform, which enable Customers and Carriers to get connected to each other to allow Customers to find and select a Carrier to move their freight and/or cargo from one place to another.
1.3 Transportation Services: We provide carrier services to transport the freight and cargo of Customers from one place to other. We are bound by the terms and conditions laid out in STC as We are member of NAFL.
1.4 Platform Services Only: While providing Platform Services only, We, our Site and Mobile application function solely as a neutral technology platform where Customers and Carriers may agree on a price for a particular type of Service. Under any circumstances, we do not provide any endorsement for transportation services provided by one or more Carriers. We cannot and will not guarantee the ability of Users to complete payment for any of the Services by the other User. 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 Users to pay for the provided Services. We will not have control over the accuracy of listings, the ability of the Carriers to transport or move the freight or cargo from one place to another place, the genuineness of the Carrier as We are involved in the actual transaction between the Customers and Carriers. You fully understand and agree that for all purposes, Carriers are solely responsible for any and all liability which results or is alleged as a result of the negligence or omission of certain duties while providing Services under this Agreement and / or via this neutral platform, including, but not limited to, property damage, cargo loss, damages or delay, personal injury and death, and the like.
1.5 It is the discretion of the Users to avail (a) Platform Services; or (b) Transportation Services; or (c) both Platform Services and Transportation Services.
(a) if User(s) avail only Platform Services (and not Transportation Services), the User(s) are bound by the limitations listed under section 1.4 above of this Agreement.
(b) if User(s) avail Transportation Services only, the User(s) will be bound by the Terms and Conditions of the STC, which is incorporated by reference hereinto this Agreement.
(c) if User(s) avail both Platform Services and Transportation Services, the User(s) will be bound by the Terms and Conditions of the STC, which is incorporated by reference hereinto this Agreement. For clarity, the limitations listed in section 1.4 of this Agreement may not applicable if User(s) avail both Platform Services and Transportation Services.
2.1 Representations and Warranties: You fully understand, agree, represent, warrant and covenant that:
- You own the items shipped in the freight and/or cargo or have the necessary rights to ship such items.
- You will use the Service to ship items , which are legally allowed to be shipped. You fully understand and agree that under no circumstances, you shall use the Services to ship the prohibited items as per laws of Your country and the laws of the country that the items are shipped, including, but not limited to, Contraband or items that are illegal, dangerous, hazardous, radioactive, harmful, unsafe, offensive or objectionable, or Items which require refrigeration, and the like.
- if You are availing Platform Services Only, You are solely responsible for any and all liability, which results or is alleged as a result of such shipped items, including, but not limited to, property damage, personal injury and death caused due to negligence or omission of the User. If you are loading, bracing and securing your goods, you understand that you are liable for any claims, loss, or damage as a result of your doing so improperly or unsafely. You understand that We are in no way responsible for the securing, lading, packaging, or compliance with shipping instructions for your shipments.
- You fully understand and agree that tracking the locations of your shipments through the Service does not guarantee that such shipments will be delivered to you at the time specified.
2.2 Secure Access: You fully understand and agree that by using this platform, creating a user account on this platform and by availing Services of the Carrier via this platform, you agree that you can form legally binding contracts under applicable law.
2.3 Termination and Suspension of Account: You fully understand and agree that We have full right to temporarily or indefinitely suspend your account if you breach any of the terms mentioned herein, or for any other reason as per our discretion.
2.4 Miscellaneous: You acknowledge that you are at least 18 years of age. You fully understand and agree that your membership with the Company may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2.5 No Relationship: You fully understand and agree that your execution of this Agreement, your provision of Services and/or your use of our platform, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Us and furthermore that no affiliation, association or connection exists between you and Us.
Payments and Refunds
(a) You fully understand and agree that We charge payments as fully payable in advance and renewal fees (if applicable) is automatically charged to a user’s credit card without prior notification.
(b) Until this Agreement is terminated by Us, the User hereby authorizes Us to charge the User’s chosen payment method to pay for the ongoing cost of membership.
(c) Multiple orders may result in multiple postings to the cardholder’s or User’s monthly statement.
(d) Any User may cancel their service without hassle by sending an email at firstname.lastname@example.org. No cancellation charges will be applied if the email is sent before 24 hours from loading time. Cancellation charges of 250 AED/SAR is applied if the email is sent less than 24 hours of loading time.
(e) You fully understand and agree that all refunds will be done only through the Original Mode of Payment. Any fees paid before cancellation will not be refunded.
(f) Unless otherwise stated, all fee schedules are in accordance with local currencies and applicable local laws and regulations.
(g) You fully understand and agree that 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 account password or any account sensitive information to any third parties. We are not responsible for any monetary disputes between Customers and Carriers and it is not our responsibility to resolve all monetary disputes, damage claims, breach of contract claims, and the like.
(h) You fully understand and agree that in case of failed payments, we shall have no liability whatsoever under any circumstances.
(a) You fully understand and agree that subject to the terms of this Agreement, We grant you a non-transferable, nonexclusive, license to use the Site for your internal business use only during the term of this Agreement.
(b) You fully understand and agree that subject to the terms of this Agreement, We grant you a nontransferable, non-exclusive, license to install and use the Mobile App, in executable object code format only, solely on your own handheld mobile device and for your internal business use only during the term of this Agreement.
(c) You fully understand and agree that rights granted to you in this Agreement are subject to the following restrictions:
(i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the service;
(ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the service provided by the Company;
(iii) you shall not access the Service in order to build a similar or competitive service; and
(iv) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
(d) Any future release, update, or other addition to functionality of the Service shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any service content must be retained on all copies thereof.
(e) You fully understand and agree that the availability of the Mobile App is dependent on the third party from which you received the Mobile App (“App Store”), e.g., the Apple App Store or Google Play. You acknowledge that this Agreement is between You and Us and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
DISCLAIMERS AND NON-LIABILITY
WE WILL NOT BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABLITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO THE RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS, OR SERVICES. USER ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE AND USERS HEREBY AGREE TO USE THIS SITE SOLELY AT THEIR OWN RISK.
Users are hereby notified that in those jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
(a) You fully understand and agree that you may only access the platform for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to their use of the platform.
(b) You fully understand and agree that we don’t tolerate and / or allow bullying or harassment. We may remove content that appears to purposefully target, harass, bully individuals (legal entities), with the intention of degrading or shaming them. In addition, we deserve full right to report Users and it’s activities for violating said terms and could potentially suspend / ban their accounts.
(a) To use certain Offerings and access certain portions of the platform, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, service, and management of your account. You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your Account. You represent and warrant that your Account information will be accurate at all times.
(b) You must notify us (i) immediately of any unauthorized use of your account and any other breach of security, and (ii) ensure that you exit from your account at the end of each use of the platform. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account. You may not transfer your account to any other person and you may not use anyone else’s account at any time without the permission of the account holder.
INTELLECTUAL PROPERTY RIGHTS
(a) All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where We provide Content to You in connection with the Website, including, without limitation, the Software and the Offerings and the Site, it is “Company Content.” Content uploaded, transmitted or posted to the Site or through the Products by a User is “User Generated Content” or “Submitted Content.”
(b) Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to domestic and foreign copyright and other intellectual property laws.
(c) You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
(d) You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Offerings, and sublicense it to Users for these purposes directly or through third parties.
(e) WE RESPECT ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OFVIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that any content violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is your responsibility to take such steps you deem necessary to correct the situation.
(f) If you believe that UGC of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to the Company at email@example.com.
(g) All rights not expressly granted in these Terms are retained by the content owners and these Terms do not grant any implied licenses.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on the platform or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to domestic and foreign trademark laws. All rights are reserved and you may not alter or obscure the Trademarks, or link to them without our prior written approval.
The platform, Site, company content, submitted content, software code, and any other materials made available on or through the Site or the offerings are provided “as is,” without any warranties of any kind and the company hereby disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
(a) We may terminate your use of the platform immediately without notice for any breach by you of these terms or any of our applicable policies, as posted on the Site from time to time.
(b) We may discontinue offering any services, or Content at any time. You may terminate your use of the Site or the Offerings at any time, either by ceasing to access them, or by contacting us at firstname.lastname@example.org.
(c) We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law.
(d) Upon termination, you must cease all use of the Site, services and Content. Any accrued rights to payment and these terms and all representations and warranties shall survive termination.
(a) Entire Agreement: These terms and any policies applicable to you posted on the Site constitute the entire Agreement between the User’s with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
(b) Severability: If any provision of these terms are found to be illegal, void or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of these terms.
(c) Waiver: A provision of these terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.
(d) Notice: Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
(e) No Agency: Nothing in these terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
(f) This Agreement shall be governed by and construed in accordance with the laws of UAE, without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by UAE law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in UAE. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the court of competent jurisdiction. In such event, you consent to the in person jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by tele-facsimile or by first class mail, and shall be deemed effectively given upon receipt.