This Terms of Service Agreement (the “Agreement”) describes the terms by which (“Farahm Business Solutions Pvt Ltd”) offers to you, as a Shipper, carrier or owner Operator truck driver, access to its website www.truckload.pk (the “Site”) and the associated mobile software application platform owned and operated by Truckload.pk (“Mobile App”), a brand owned and operated by “Farahm Business Solutions Private Ltd”.
Truckload.pk provides an online and mobile platform (the “Service”) to connect Shippers with Carriers for the transportation of cargo whereby Shippers can submit a request for the transportation of cargo (“Shipment”). Carriers can accept such requests, and both Shippers and Carriers can track such requests. The Service includes access to all applications, content and downloads offered by Truckload.pk, including the Site, Mobile App, and associated user content. Truckload.pk does not assess the suitability, legality, regulatory compliance, quality or ability of any Shipper or shipped items scheduled through the use of the Service, and Truckload.pk makes no warranty regarding the same.
This Agreement sets forth the terms for use of the Service by Shippers. By signing up and registering with Truckload.pk or 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. Please read this Agreement carefully before using the Service. Use of the Service is conditioned on your agreement to all of the terms and conditions contained in the Agreement, including the policies and terms linked to or otherwise referenced in the Agreement, all of which are hereby incorporated into the Agreement. In the event any separate contract or like document governs or otherwise impacts the parties’ rights, obligations or relationship, this Agreement shall govern to the extent it does not conflict with the terms of any such other contract or like document.
IF YOU DO NOT SO AGREE, YOU SHOULD DECLINE THIS AGREEMENT, IN WHICH CASE YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICE.
DEFINED TERMS
1.1. Truckload.pk
Truckload.pk is a platform provider (a brand operated by “Farahm Business Solutions Private limited, Pakistan) which connects shippers with the owner operator truck drivers and registered Goods transport companies.
Truckload.pk’s sole obligation is to arrange transportation of cargo by a Carrier that is appropriate and authorized to operate by all applicable governmental agencies. As a freight broker, Truckload.pk does not take possession, custody or control of any cargo. Truckload.pk does not assume any liability, possessory rights or obligations, and assumes no financial responsibility whatsoever, for cargo, including loss, theft, damage or delayed delivery thereof.
Truckload.pk offers a platform to connect Shippers and Carriers, but does not provide actual transportation services or act in any way as a Carrier. It is the Carrier’s obligation to provide transportation services, which may be scheduled through the use of the Service. Truckload.pk has no responsibility for any shipping services provided to you as a Shipper by any Carrier.
1.2. “Carrier”
Carrier means a motor carrier or a registered goods transport company. A Carrier who accesses or uses the Service is an independent contractor and remains solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching its drivers; as well as for the inspection and maintenance of its motor vehicle equipment and accessories. A Carrier is solely responsible for its own actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of Carrier’s equipment, services, drivers, employees, contractors, agents and servants. A Carrier maintains sole control over the methods and results by which it performs cargo transportation services, and retains the sole duty to provide, maintain, manage the equipment, personnel, and expertise required to transport your cargo. Truckload.pk is not an and control agent of any Carrier, and no Carrier is an agent of truckload.pk.
TRUCKLOAD.PK IS NOT A MOTOR CARRIER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE CONSTRUED TO IMPLY TRUCKLOAD.PK IS A MOTOR CARRIER, OR THAT TRUCKLOAD.PK IS SUBJECT TO THE REGULATORY OR LEGAL REQUIREMENTS OR LIABILITIES OF A MOTOR CARRIER. TRUCKLOAD.PK HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION OR MOTOR CARRIER SERVICES PROVIDED TO ANY SHIPPER OR ANY OTHER PARTY USING THE SERVICES.
1.3. “Shipper”
You, as a Shipper, are and warrant that you own, possess, or otherwise have rights to transport cargo you seek to ship by way of the Service.
1.4 “User”
A User is any entity which accesses or uses the Service, and may be a Carrier or a Shipper.
1.5. “User Content”
User Content means any and all information, data, textual, audio, and/or visual content, commentary and feedback related to the Service, ratings, reviews and other content that a User submits to, or uses with, the Service. User Content includes the information provided in a Shipment request or acceptance.
Truckload.pk and you are independent contractors, and except to the extent required by law, no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
2. SHIPPER TERMS, REPRESENTATIONS AND WARRANTIES
2.1 Representations and Warranties.
Unless otherwise agreed in a separate written agreement between Shipper and Truckload.pk, if you are a Shipper, you hereby represent, warrant and covenant that:
(a) You own the shipped items or have the necessary rights to ship such items and are authorized to, and do, bind the owner to the provisions of this Agreement.
(b) You use the Service to ship items at your own risk through the motor carriers that use the Service and, except to the limited extent expressly set forth in this Agreement, agree that Truckload.pk will have no liability for any shipped items or any claims, demands, loss or damages related thereto.
(c) You are solely responsible for obtaining any insurance to cover any anticipated losses. Truckload.pk does not provide inland transit or all risk insurance to cover the risk associate during the complete logistics and transport process.
(d) 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.
(e) 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 Truckload.pk is in no way responsible for the securing, lading, packaging, or compliance with shipping instructions for your shipments.
(f) You understand that Truckload.pk is not a motor carrier, and as such, is not liable or responsible to you or the recipient of cargo for any cargo shipped under this Agreement.
(g) If you broker shipments through Truckload.pk under this Agreement, the owner of the cargo or you must have a valid inland transit insurance or all risk insurance to cover the losses against any type of damage during the transportation process. Truckload.pk is not an insurance provider.
(h) You understand 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. Moreover, tracking facility might not be always available due to various glitches in the technology and processes keeping in view the involvement of people and process at various choke points.
(i) When requesting service with respect to any shipment containing food that is subject to regulations of the local foods authorities (hereinafter, “Food”), it must be noted that the Truckload.pk does not provide the services to handle the perishable food items or any item that can get damage due to variation in the temperature. It is the sole responsibility of the shipper not to mix the Food grade and perishable items with the regular shipments. Truckload.pk will not be responsible for loss of perishable and food items thereof.
(j) It is shipper’s responsibility to make sure that the cargo it intends to get transported is packaged and stacked properly, structural issues in the hardware shall be properly taken care off before loading or shipment being picked up by carrier assigned by Truckload.pk, and all the fragile items shall be marked properly. And the packaging of the cargo and machinery shall sustain rough handling keeping in view poor road conditions in Pakistan.Truckload.pk will not entertain any sort of claims related to damages resulting from poor packaging and load bearing issues not being address properly.
(k) For heavier and bulky shipments which needs special arrangement like deployment of crane and other heavy machinery, the safety officer of the shipper must be available on the site during the time of loading and unloading in order to properly access the risk associated with in the job, and to provide proper safety instructions in a “Toolbox Meeting Style” to the team assigned for loading. If the “Shipper” is not satisfied with the loading conditions due to excessive “Safety Risk” he has the right to call of the Transportation Job until the conditions on the site are improved.
(l) Under no conditions oversize cargo and load will be allowed which extends beyond the standard body height, width and load limits of the deployed and asked truck. In case of any traffic violation resulting during the transportation of the cargo, the charges resulting from the violation will be included in the invoice and shall be deemed 100% reimbursable by the shipper without any negotiation. In case the payment has to be made at the receiving end it is the responsibility of the shipper to get the payment reimbursed for such violations in case of any such events. Truckload.pk understands that both shipper and Consignee are aware of the local transportation regulation wherein the oversize cargo beyond the truck allowed limits is not allowed on the roads.
2.2 Non-solicit.
Other than pursuant to the Service, you shall not tender, directly or indirectly, cargo to any Carrier to which you first tendered cargo pursuant the Service at any time while your account with Truckload.pk remains active, or for 12 months after your account expires or is terminated.
Should you breach the provisions of this section, you will be liable for, and pay to Truckload.pk, 25% of the amount paid by you to a Carrier in violation of this provision. You agree to allow Truckload.pk to review all books and records of your business necessary for Truckload.pk to ensure compliance with the obligations assumed in this provision.
You also hereby agree that you will not bypass the truckload.pk system and connect directly with the carriers that are providing services for your transportation needs under truckload.pk platform.
2.3. Prohibited Items.
Shippers shall not use the Service to ship the below items and waives any and all liability of the Carrier and Truckload.pk with respect to any loss of or damage to any of the following:
(a) Contraband or items that are illegal, dangerous, radioactive, harmful, unsafe, offensive or objectionable
(b) Bullion, precious metals, precious metal objects, gold, silver, platinum, precious or semi-precious stones (including but not limited to diamonds, emeralds, sapphires and rubies), and precious jewelry which includes jewelry made from precious metals and stones;
(c) Money, securities, accounts, bills, currency, food stamps, lottery tickets, notes, bank notes, coins, bonds, negotiable instruments or evidences of debt, passports, tickets, documents, manuscripts, records, or other valuable papers;
(d) Bottled spirits or other flammable cargo.
(e) Valuable works of art which includes antiques, paintings, sculptures, tapestries, collectibles or other objects for display; or
(f) Bloodstock and live animals including cattle or poultry.
(g) Any other items whose trade and transport is prohibited by provincial and federal laws in Pakistan.
(h) Any other flammable cargo whose transport needs special permit from the ministry of transport.
(i) Perishable foods items, which needs special temperature to be maintained and requires refrigerated trucks to safely transport the goods.
2.4. Shipper Indemnification.
You agree to defend, indemnify, hold harmless and/or make whole Truckload.pk (and its officers, employees, and agents) (each, an “Indemnity”) with respect to any and all claims, demands, loss, damage, expenses, or liability, including costs and attorneys’ fees (collectively, “Claims”), made by any party due to or arising out of your or your agents’:
(i) use of the Service;
(ii) use of or access to User Content;
(iii) interaction with any other User;
(iv) violation of this Agreement;
(v) violation of applicable laws or regulations; or
(vi) your shipment contents.
Truckload.pk reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. The foregoing obligations shall not apply to the extent a court of appropriate jurisdiction has determined any Claim to have been caused by the negligence or intentional misconduct of Truckload.pk. You agree not to settle any matter without the prior written consent of Truckload.pk. Truckload.pk will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This indemnification with respect to Truckload.pk applies regardless of any provisions in separate contracts between Truckload.pk and third parties. You also hereby waive any claims or demands by you against Truckload.pk related to any costs, loss, expenses or liability arising from the above-listed actions by you or your agents.
3. CARGO CLAIMS
3.1. Carrier Liability.
Carrier agrees to assume full liability for the prompt, safe transportation of all shipments under this Agreement, and agrees to be responsible for all loss, damage, delay, destruction, theft or liability of whatever nature arising from the transportation services hereunder, or from Carrier’s failure to perform the services, whether occurring while the shipment is in the custody or control of the Carrier or in the custody or control of any other party to whom Carrier may entrust the shipment. Carrier’s liability to Broker, Shipper and/or any involved consignor or consignee, shall be the invoice value of the goods transported, without limitation.
Bills of lading or receipts issued by Carrier, or signatures thereon, shall not constitute Truckload.pk’s written acceptance of Carrier’s liability limitation or other changes in the terms and conditions. Similarly, Carrier’s liability shall not be limited in any way by limitations or exclusions of coverage in its insurance policies. In the event of a conflict with the terms on bills of lading, Waybill and this Agreement, including specifically any terms related to limitations of liability of Carrier, the terms of this Agreement shall govern.
3.2. Truckload.pk Limitation of Liability.
Shipper understands and agrees that Carrier is primarily liable for cargo loss and damage and Truckload.pk is not liable for the acts or omissions of Carrier. Unless a separate written contract with a customer signed by an officer of both Truckload.pk and such customer provides otherwise, Truckload.pk’s sole liability with respect to loss or damage, including due to unreasonable delay, to cargo shall be to the extent that such loss or damage, is caused by the negligence or intentional misconduct of Truckload.pk. Truckload.pk’s liability for such cargo loss or damage shall in no event exceed the lesser of: (i) the cost to repair or replace the goods in question; (ii) PKR 5.00 per lb. per package; and (iii) PKR15,000 per occurrence. The sole liability of Truckload.pk, and the sole recovery of the owner against Truckload.pk, with respect to loss, damage or delay shall be as set forth in this provision. Without limiting the foregoing, in no event is Truckload.pk responsible for the acts or omissions of any third party, including any Carrier, including, but not limited to, a Carrier’s denial of a valid claim, nor a Carrier’s failure to comply with Shipper’s instructions.
3.3. Claim Submissions and Settlement.
In the event of loss or damage, Consignor or Consignee shall endeavor to submit a claim to Truckload.pk within with-in three (03) days of the incident, and in no event later than six (6) days of the incident. Truckload.pk shall make every attempt to facilitate the resolution of the claim with the Carrier. In addition, unless agreed in a separate written contract, Shipper is not entitled to offset the amount of any claims, which remain unpaid or unresolved against amounts owed by Shipper to Truckload.pk. Shipper shall not assert a claim for cargo loss or damage, and neither Truckload.pk nor the Carrier shall be liable for cargo loss or damage, in instances where there is no affirmative proof of loss or damage to cargo. Without limiting the foregoing, a broken trailer seal, without actual evidence or damage or contamination, shall not be grounds for filing a claim.
Carriers shall settle claims within seven (7) days of Truckload.pk’s receipt of all necessary claims documentation. In addition, Truckload.pk is entitled to offset the amount of any claims, which remain unpaid or unresolved after such 60-day period against amounts owing from Truckload.pk to Carrier here-under. Carrier will be notified in writing prior to taking any action to offset. Carrier shall not dispose of damaged or rejected product without the prior written consent of Truckload.pk.
4. DESCRIPTION OF SERVICES
4.1 Shipment Requests
Truckload.pk provides a platform via the Mobile App and Website (defined above as the “Service”) through which you may submit proposed Shipments. You must provide the following information as part of requesting a Shipment:
The origin and destination addresses for the Shipment;
The requested dates for pickup and drop-off of the Shipment;
A description of the cargo being transported as part of the Shipment (including weight and volume);
The specific equipment and services requirements; and
Any other information necessary for the safe and proper transportation of the cargo.
Truckload.pk is not responsible for any Shipment terms entered into between you and any Carrier. Once Truckload.pk accepts a Shipment for posting, the Shipment’s details will be posted to the Service. You may cancel a Shipment at any time prior to acceptance of quoted price. A Carrier may view a list of the Shipments available to it at any time and quotes for the Service. Once a shipper accepts the quoted price, it will be assigned a carrier that will perform transportation services related to the Shipment. Truckload.pk will notify you that the Shipment has been accepted. Truckload.pk does not guarantee that a Shipment will be accepted by any Carrier.
4.2 Waybill & proofs of delivery
Carriers whose services are engaged here-under are issues with a electronic Waybill as soon as the truck is assigned to the incoming order at the time of mobilization.Truckload.pk never act either as a shipper or consignee on any bill of lading or waybill document. Once a Shipment is completed, the Carrier is instructed to upload the Service a proof of delivery signed (Signed copy of waybill) by the authorized recipient.
As a value added service to you, but not as any legal or contractual obligation, Truckload.pk may provide you and Carriers with trouble shooting, tracking, inquiry, and other services. In order to do so, however, Truckload.pk must have access to the bill of lading a Carrier issues to you for the subject Shipment. In the event a Carrier fails to post a bill of lading to the Service, we may request that you post it yourself, or otherwise make it available to Truckload.pk.
4.3 Completion of the Shipment
By Truckload.pk’s Terms & Conditions applicable to Carriers, Truckload.pk instructs Carriers to upload to the Service a proof of delivery signed by the consignee once Shipments are completed, and send you any questions or concerns regarding the Shipment.
5. PAYMENT TERMS
For each Shipment, you will pay Truckload.pk the freight charge quoted to you upon acceptance of the applicable Shipment on the Service (“freight charge”), plus any additional charges you may incur related to the Shipment. Freight charges may include, but are not limited to, detention time which may be charged, any differences between costs for the actual Shipment and the description of the Shipment created on the Service. Truckload.pk may change pricing for the Service (from time to time at its sole discretion) by updating the Site and Mobile App and without notice to Users.
Carriers Truckload.pk engages generally are required to provide advance notice of ancillary services for which they intend to charge additional fees, such loading/unloading labor, specialized equipment needed for blocking, bracing, marking or securement, loading or unloading, “truck ordered not used” fees, extra stop charges, moving charges in case the delivery location is sufficiently displaced from an original location by either consignee or the shipper. However, advance notice is not always possible or practical, and Truckload.pk may not be able to receive and communicate to your carrier requests for approval of additional charges before the services are rendered. In that event, you agree to pay the costs of any accessorial and/or ancillary services which Truckload.pk determines are reasonable and necessary.
You understand and agree that freight charges quoted to you for a specific transport may be increased or decreased at any time without notice unless and until accepted by your formally booking the transport; and that any accepted or quoted freight charges shall not apply to any future shipments you might seek to book with Truckload.pk, as the costs of services evolve over time and are subject to changing market conditions.
Unless otherwise agreed by the parties, the payments processing mode available currently is “Cash upon delivery”, either shipper or the consignee has to clear the payments immediately upon receiving the shipments.
When it receives full payment of a freight charge (including all surcharges and accessorial charges), Truckload.pk shall display a completed charge screen. This is your electronic receipt, and you should print or save it for your records. You warrant that you have the right to use any Electronic Wallets or Cash on delivery mode payment methods provided to Truckload.pk and used to initiate payment of any freight charge. All information you provide to Truckload.pk’s third-party payment processor or to Truckload.pk must be accurate, current and complete. You agree to immediately notify Truckload.pk of any change in your billing address.
You agree not to circumvent payments for scheduled or completed Shipments in any way. All payments shall be in Pakistani Rupees. In the event Truckload.pk is unable to collect all charges from you due to insufficient funds, you shall be liable for all costs and expenses incurred by Truckload.pk in connection with collection of the freight charge, including costs and expenses of a third-party collection agency and attorneys’ fees. Freight charges are non-refundable.
6. LICENSES
6.1 Accounts.
In order to use certain features of the Service, you must register for an account with Truckload.pk (“Account”) and provide certain information as prompted by the registration form. Shippers must provide a valid mobile numbers, email Address and billing address. Carriers must provide valid license information. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service. You are responsible for maintaining the confidentiality of your Account login credentials and are fully responsible for all activities that occur under your Account. Each Account may only be used to access the Service during one (1) concurrent login session. You agree to immediately notify Truckload.pk of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Truckload.pk cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
6.2 Site.
Subject to the terms of this Agreement, Truckload.pk grants you a non-transferable, nonexclusive, license to use the Site for your internal business use during the term of this Agreement.
6.3 Mobile App.
Subject to the terms of this Agreement, Truckload.pk grants 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 during the term of this Agreement.
6.4 Certain Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service;
(b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service;
(c) you shall not access the Service in order to build a similar or competitive service; and
(d) 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. 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.
6.5. Limited Support.
Users may contact Truckload.pk’s technical support center for any support related issues arising from the use of the Service through our mobile APP directly.
6.6. App Stores.
You acknowledge 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 Truckload.pk 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.
7. OWNERSHIP
7.1 Ownership.
Excluding your User Content (which includes your transportation Job requests), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service are owned by Truckload.pk or Truckload.pk’s licensors. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Truckload.pk and its suppliers reserve all rights not granted in this Agreement.
7.2 Modification.
Truckload.pk reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Truckload.pk will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
7.3 Feedback.
If you provide Truckload.pk any feedback, suggestions, bug reports, system errors, and other information or ideas regarding the Service (“Feedback”), you hereby assign to Truckload.pk all rights in the Feedback and agree that Truckload.pk shall have the right to use such Feedback and related information in any manner it deems appropriate. Without limiting the foregoing, this assignment of rights applies to any testimonials you provide, and you hereby also grant Truckload.pk the right to use your name in connection with sharing such testimonials with the public. Truckload.pk will treat any Feedback you provide to Truckload.pk as non-confidential and non-proprietary. You agree that you will not submit to Truckload.pk any information or ideas that you consider to be confidential or proprietary. If you agree to participate in any case studies, you agree that information you provide in connection with the case study is deemed Feedback and that Truckload.pk may use your name in connection with such Feedback.
8. USER CONTENT
8.1 User Content.
“User Content” means any and all information, data, and other content that a User submits to, or uses with, the Service. User Content includes the information provided in a Shipment request or acceptance. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). For the avoidance of doubt, User Content may include third party content you submit. You agree not to submit third party content unless you have the consent of the applicable third party owner of such content. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Truckload.pk. Because you alone are responsible for your User Content (and not Truckload.pk), you may be exposed to liability if, for example, your User Content violates the Acceptable Use Policy. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.
8.2 License.
You hereby grant, and you represent and warrant that you have the right to grant, to Truckload.pk an irrevocable, nonexclusive, royalty-free and fully paid, sublicense-able, worldwide license, to use your User Content, for the purposes of including your User Content in the Service, to create Anonymous Data, and as provide in the Truckload.pk Privacy Policy (the “Privacy Policy”). All rights in and to the User Content not expressly granted to Truckload.pk in this Agreement or the Privacy Policy are reserved by you.
8.3 Creation of Anonymous Data.
We may create anonymous data records (“Anonymous Data”) from your User Content by using commercially reasonable efforts to exclude any and all information (such as company name) that makes the data identifiable to you. We may use and disclose Anonymous Data for any purpose, including improving the Service.
9. INDEMNITY
9.1 Indemnification of Truckload.pk
You agree to defend, indemnify and hold Truckload.pk (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your (i) use of the Service, (ii) User Content, (iii) interaction with any other User, (iv) violation of this Agreement; (v) violation of applicable laws or regulations; or (vi) your shipment. Truckload.pk reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without Truckload.pk’s prior written consent. Truckload.pk will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9.2 Indemnification of you
By Truckload.pk’s separate Terms & Conditions applicable to Carriers, your Carrier agrees to defend, indemnify and hold you (and your officers, employees, and agents) harmless, including costs and attorneys’ fees, from any and all damages, claims or losses arising out of its performance of this Agreement, to the extent such damages, claims or losses are caused by the negligence or intentional conduct of the Carrier or its employees or agents.
9.3 Indemnification of Carrier
You agree to defend, indemnify and hold Carrier (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any and all damages, claims or losses arising out of its performance of this Agreement, to the extent such damages, claims or losses are caused by your or your employee’ or agents’ negligence or other intentional conduct.
9.4 CHOICE OF LAW
This Agreement shall be deemed executed in the Province of Punjab and shall be interpreted, in the event of a dispute arising hereunder, under the laws of Islamic Republic of Pakistan without regard to its conflicts of law’s provisions.
9.5 TERM OF AGREEMENT
This Agreement will remain in full force and effect while you use the Service. Truckload.pk may at any time terminate this Agreement in its sole discretion if
(a) you have breached any provision of this Agreement (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with this Agreement);
(b) Truckload.pk is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
(c) Truckload.pk has elected to discontinue the Service; or
(d) for your poor performance as a Shipper in Truckload.pk’s sole discretion. Upon termination of this Agreement, your Account and right to access and use the Service will terminate immediately.
10. GENERAL PROVISIONS
10.1 Changes to Agreement
This Agreement is subject to occasional revision by Truckload.pk. In the event of any material changes made to the Agreement, Truckload.pk will notify you by electronic mail, or other means of communication, before your next use of the changes on the Service. Any changes to this agreement will be effective upon the earlier of
(a) the date you accept the new terms or
(b) thirty (30) calendar days following your receipt of the notice of the changes. These changes will be effective immediately for new Users of the Service. Continued use of the Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10.2 Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the use of the Service. Truckload.pk’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement may be executed in counterparts.
10.3 Assignment
This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Truckload.pk’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
10.4 Notice
All notices as required by any of the terms and conditions of this Agreement shall be deemed given with the notices prepared, adequately addressed and deposited through the postage prepaid. Notices to Truckload.pk are adequately addressed as follows:
FBS Pakistan Private Ltd.
6 Sunflower Housing Society,
J-1 Block, MA Johar, Lahore
Phone: 03144456736
Email: truckload.pk@gmail.com
10.5 Publication of Information
Truckload.pk has your permission to identify you as a customer of Truckload.pk or user of our Services and to reproduce your name and logo on the Site and in any other marketing materials.
If you provide Truckload.pk any feedback, suggestions, or other information or ideas regarding the Service (“Feedback”), you hereby assign to Truckload.pk all rights in the Feedback and agree that Truckload.pk has the right to use such Feedback and related information in any manner it deems appropriate. Truckload.pk will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Truckload.pk any information or ideas that you consider to be confidential or proprietary.
10.6 Severability
In the event that the operation of any portion of this Agreement results in a violation of any law, or if any provision herein is determined by a court of competent jurisdiction to be invalid or unenforceable, Shipper, Truckload.pk and Carrier agree that such portion or provision shall be severable and that the remaining provisions herein shall continue in full force and effect. The terms and conditions set forth herein shall survive the termination of this Agreement.
10.7 Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TRUCKLOAD.PK EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. TRUCKLOAD.PK MAKES NO WARRANTY THAT THE SERVICE:
(A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
(B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
(C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE; OR
(D) RESULT IN ANY REVENUE, PROFITS, OR COST REDUCTION. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TRUCKLOAD.PK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
TRUCKLOAD.PK'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH OTHER USERS, BUT YOU AGREE THAT TRUCKLOAD.PK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE SERVICES OR ANY TRANSPORTATION SERVICES COORDINATED OR OFFERED OR PURCHASED BY YOU THROUGH THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. YOU ASSUME ALL LIABILITY AND RISK OF USING THE SERVICES AND COORDINATING AND/OR OFFERING TRANSPORTATION SERVICES.
WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SITE OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR “HACKERS”). TRUCKLOAD.PK ONLY OFFERS TECHNOLOGY THAT ENABLES CARRIERS TO COORDINATE TRANSPORTATION SERVICES. TRUCKLOAD.PK IS NOT A CARRIER. WE ARE NOT INVOLVED IN THE ACTUAL TRANSPORTATION OF CARGO. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY OR SAFETY OF ANY VEHICLE, CARGO OR OF THE TRANSPORTATION THAT OCCURS AS A RESULT OF THIS SERVICE; NOR DO WE HAVE ANY CONTROL OVER THE TRUTH OR ACCURACY OF USERS' INFORMATION LISTED ON TRUCKLOAD.PK. WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN THE SERVICES AT ANY TIME WITHOUT NOTICE.
THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. TRUCKLOAD.PK ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. TRUCKLOAD.PK IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER'S OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES.
10.8 Limitation of Liability
TRUCKLOAD.PK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRUCKLOAD.PK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TRUCKLOAD.PK SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
(i) YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE; OR
(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER OR ANY THIRD PARTY.
(iii) TRUCKLOAD.PK SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TRUCKLOAD.PK'S REASONABLE CONTROL.
IN NO EVENT SHALL TRUCKLOAD.PK'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED the value mentioned in the clasue above.
10.9 Headings
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you have any questions about this Agreement, please contact Truckload.pk at truckload.pk@gmail.com