1.4 The Platform may be used and the Services may availed by only such persons who and entities which are competent to enter into legally binding contracts under the applicable laws. You acknowledge that you are at least 18 years of age, and that, if you are not, subject to the applicable laws, you hereby confirm that you have your parent’s or legal guardian’s permission to use the Platform or avail the Services. You undertake that you are not otherwise barred from entering into a legally binding contract for any reason whatsoever.
2.1 The Services encompasses, simply, the use of the technology hosted in the Platform by the delivery requester to request third party transportation service providers, such as vehicle drivers, vehicle owner, transportation and logistics companies and other delivery partners (“transportation service provider”), to provide transportation and delivery of goods from one location to another, and all matters incidental thereto. Broadly, the Services also includes the use of the Platform to arrange, schedule, track and monitor the provisioning of the transportation and delivery of the goods, to communicate with the delivery requester, the third party service providers and/or delivery recipient, and to give effect to all other logistical services provided via the Platform. For ease of reference, (i) the expressions “delivery requester” and “delivery recipient”, as well as any person providing the goods for delivery to the transportation service provider, shall hereinafter collectively be referred to as “customer”, and (ii) the expressions “customer” and “transportation service provider” shall hereinafter collectively be referred to as “users”, “you” or “parties”.
2.2 You hereby acknowledge, understand and agree that GIM is not in the business of providing, and does not provide, any transportation or logistics services, and that it provides technological platform for self-employed, independent third party contractors to provide the transportation and delivery services and associated logistical support, on requisition of the delivery requester. GIM merely connects delivery requesters with third party transportation providers, and facilitates the provisioning of the services by the third party transportation providers. Consequently, you hereby agree that by facilitating the provisioning of the services by third party transportation service providers, GIM does not become, and shall not be construed to have become, a provider of transportation, logistics or delivery services. GIM will not be liable for failures of third party service providers like internet service provider, SMS service provider, mobile operators, GPS or vehicle tracking device providers, and other related vendors.
2.3 You further understand and unconditionally agree that, as merely a facilitator of services being provided by third party transportation providers, GIM shall not be responsible nor be liable, and therefore cannot be held responsible or liable, for the acts and/or omissions of the third party transportation provider and/or for any transportation services provided using the Platform, as GIM does not, directly or indirectly, have any control over the services being provided by such third party transportation service providers.
2.4 You shall not avail the Services in a manner which violates any law, or infringe on the legal rights of GIM or the transportation service providers or any other third party, in any manner which is fraudulent, indecent, offensive or deceptive, or which threatens, harass, abuses or intimidates any person, or which damages the name or reputation of GIM, its affiliates, parent company or subsidiaries.
2.7 GIM does not control or review all the textual, audio, and/or visual content and information available on its Platform, such as third party advertisement or contents posted by its users (including comments, feedbacks, ratings and external links), and failure of GIM to control or review such third party contents is not, and shall not be construed as, endorsement, acceptance, support to or agreement by GIM with the substance of such contents. GIM shall not be liable for any content which are obscene, offensive, hateful, violent, unlawful or prejudicial to the image of any person or entity. You hereby agree that GIM shall, under no circumstance, be held responsible or liable for any loss or damage incurred as a result of any reliance on or use of third party contents. Notwithstanding the foregoing, by making such content and information available on the Platform, you grant GIM a universal, perpetual, transferrable, irrevocable license to use such contents in any manner it deems fit and appropriate, at its sole and absolute discretion, without furnishing any notice to you or obtaining consent from you. You further agree that, by allowing such contents or information to be made available on the Platform, you relinquish all rights to payment from its use or circulation.
2.8 Because the technology used by GIM relies on, in some respect, third party internet service providers (such as Google), information made available on the Platform using, such as the time of delivery or location of the goods, is approximate, indicative and informative, and shall not be treated as definitive or conclusive.
3.2 You shall not use the Platform in a manner which violates any law, or infringe on the legal rights of GIM or the independent third party transportation providers or any other third party, in any manner which is fraudulent, indecent, offensive or deceptive, or which threatens, harass, abuses or intimidates any person, or which damages the name or reputation of GIM, its affiliates, parent company or subsidiaries. 4. USE OF SERVICES AND PLATFORM
4.2 You do not need to register or maintain an account in order to visit the website, download and install the mobile application, view some of its contents or access its pages on social networking sites. However, to get the full benefit of the Services and the Platform, maintaining an active account with GIM is necessary.
4.3 Your experience in using the Platform and/or availing the Services may be affected due to problems innate to the use of internet and electronic communication devices, or due to the counterparty’s device being out of range, not having good internet connection or being defective. GIM hereby expressly excludes responsibility and liability for any losses and damages arising out faults attributable to its users.
5.1 The use of the Services will incur charges for GIM partners to provide transportation services to any customers using the Platform. You will be informed about the charges before you opt for any of our paid Services.
5.2 In order to obtain an accurate approximate quote for the Services, you are recommended to input correct information relating to the product, its weight and size, its pick-up point and intended destination, etc. Once you have received the goods, GIM will facilitate the payment for the Services, which shall be final and non-refundable, and inclusive of all the charges associated with the transportation and delivery of goods as well as the applicable VAT and taxes.
5.3 All charges are payable immediately and payment may be made either by the preferred payment method (for instance, payment by cash) or any secondary method (for instance, payment by card).
5.4 You may request a breakdown of charges from GIM at firstname.lastname@example.org if none has been provided to you.
5.5 Where payment is made by cash, payment to the transportation service provider shall be deemed to be an effective payment to GIM for its Services. The transportation service provider agrees that the total amount of service fees paid by the delivery requester or delivery recipient is inclusive of technology usage fee and any and all expenses incurred for the transportation of goods. The percentage of the amount of money payable to GIM by transportation service provider shall be determined by GIM from time to time, at its sole and absolute discretion. The transportation service provider shall be personally responsible to deposit the service fee in the manner prescribed by GIM.
5.6 Where payment is made electronically, GIM shall transfer the amount of service fee payable to the transportation service provider in the manner prescribed by agreed between GIM and the transportation service provider.
5.7 Failure to make payment of the service fees by the users of the Services shall entitle GIM to block the account of the defaulter, either temporarily or permanently, or blacklist him or her until such time when the payments are cleared. GIM reserves the right to set-off any sum payable to it against any sum payable by it to its users.
5.8 GIM may, at its absolute discretion, suspend or block the account of its users if it has reasonably believes that its Platform and/or the Services are being used to carry out illegal or fraudulent activities or criminal activities, including, for instance, laundering money or transporting illegal goods. In such cases, GIM shall, if so required to do so, extend full co-operation to the law enforcement agencies to carry out investigation into such activity, and shall not be held liable for any economic or reputational loss and damage.
5.9 GIM reserves the right, at all times, to establish, remove or revise charges for the Services without assigning any reason to the users. It may, at certain time of the day or certain time of the year, increase its service fees to reflect the demand of its Services. Conversely, it provide certain users with promotional offers, discounts and incentives.
5.10 When requesting transportation services, standard telecommunication charges which will apply shall have to be borne by the users of the Services. 6. REPRESENTATIONS AND WARRANTIES
6.1 By agreeing to use the Platform and availing the Services, the transportation service provider hereby unconditionally undertake, warrant, acknowledge and agree as follows:
6.1.1 You have the requisite authority, approval and permission to operate the motor vehicle you have registered with GIM, including, but not limited, a valid driver’s license, registration certificate, fitness certificate, tax token, motor vehicle insurance, insurance coverage for reasonable business losses and fitness certificate duly issued by approved authorities, route permit, etc., that all such licenses and approvals are current and effective, and that the motor vehicle is good operating condition and in compliance with the relevant industry standards for the vehicle of its kind. You will only use vehicle which is registered with and has been verified by GIM for providing services using the Platform.
6.1.2 You have identity documents, including national ID card / smart card and passport, to prove your identity and provide verifiable information relating to your identity.
6.1.3 You have no prior records of driving without a valid driver’s license or being in breach of the applicable traffic laws and regulations, and have no prior criminal convictions.
6.1.4 You will provide to GIM complete and current information relating to you and your vehicle prior to using the Platform and ensure that, at all times whilst using the Platform to provide transportation and delivery services, such information are up-to-date and correct.
6.1.5 You shall comply with all the applicable laws of the jurisdiction in which you operate and provide services using the Platform, and shall be solely liable for any loss or damage arising in consequence of your violation of such laws. 6.1.6 You will not provide services using the Platform if you have any disability, or any physical, mental or sensory impairment, howsoever caused, which would put any other person (whether such person is a user of the Platform or not) in any risk of danger or harm.
6.1.11 You will not engage in any activity which will have, or has the potential to have, adverse effect on the image or reputation of GIM, its Services or its Platform.
6.1.12 You will not allow any person to use your account or vehicle registered with GIM to provide transportation and delivery service using the Platform. In particular, you will not employ or sub-contract any person to provide services using your account or vehicle using the Platform.
6.1.13 You will not make any representation to any person, whether to delivery requester, delivery recipient or any third party, that you represent GIM or the interests of EJOGAJOG, or engage in any promotional activities not authorized by GIM.
6.1.14 You will not sublicense, sell, transfer, assign or otherwise commercially exploit or make available to any third party the Platform or its underlying technology in any way, including by way of modification or making derivative works of the technology underpinning the Platform or by reverse engineering or accessing the technology to design a competitive or similar product or service.
6.2 By agreeing to use the Platform and availing the Services, the delivery requester hereby unconditionally undertake, warrant, acknowledge and agree as follows:
6.2.3 You are solely responsible for safe packaging of your goods and ensuring that the goods are handed over to the transportation service provider in good and tenable condition. Where the goods, or the package or container in which the goods are contained, is apparently and/or manifestly defective, or has marks, indentations or any other defects on it, you should bring the same to the attention of the transportation service provider. The transportation service provider shall record such mark, indentations or defects, as applicable, in writing before accepting the goods or taking it into his or her custody. Where such record is taken, you acknowledge that the transportation service provider is not responsible for it, and you or any other customer cannot make complaints for such mark, indentations or defects. For damage to goods whilst in your custody, only you shall be held liable and responsible to make good such damage, if so required to do so. 6.2.4 Where transportation of goods require special or additional storage facilities, for instance for perishable goods, you shall be responsible to inform the transportation service provider about such special and additional requirement. If you, notwithstanding the unavailability of such facilities, elect to transport the goods through a transportation service provider not having such facilities, you cannot bring any claims against the transportation service provider for failing to ensure the condition and quality of goods in which it was handed over to him or her for unavailability of such facilities.
6.2.5 You will not engage in any activity which will have, or has the potential to have, adverse effect on the image or reputation of GIM, its Services or its Platform.
6.2.6 You will not sublicense, sell, transfer, assign or otherwise commercially exploit or make available to any third party the Platform or its underlying technology in any way, including by way of modification or making derivative works of the technology underpinning the Platform or by reverse engineering or accessing the technology to design a competitive or similar product or service.
7. LIMITATION OF LIABILITY; INDEMNIFICATION
7.1 GIM is not directly responsible for providing transportation of goods or logistics services, and therefore shall not be held responsible or be liable for any direct, indirect, future, economic, incidental, special, exemplary, punitive or consequential damages, including, without limitation, loss of profits, damage to or loss of property, damage from any goods being transported, loss incurred on reliance on any third party content on the Platform, action or omission of any transportation service providers, or any matter within or beyond the reasonable control of GIM. For the avoidance of any doubt, and without limiting the generality of the foregoing, the transportation service provider shall, in each and every instance and without any exception or limitation, be solely liable and wholly responsible for any and every loss or damage, including loss of life and property, attributable to any disability, or any physical, mental or sensory impairment, howsoever caused, of such transportation service provider, and in no event and under no circumstance shall GIM be held liable by any user of the Platform or Services for any such loss or damage.
8.1 GIM own all right, title and interest over all its proprietary technology and software it uses to provide the Services and all intellectual rights, to the fullest extent permitted by the applicable laws, over the mobile application and website it owns and operates, including, by extension, the contents posted on the mobile application and website by any third party advertiser or users, unless otherwise agreed to in writing. The non-exclusive, non-sublicensable, revocable, nontransferrable license to use the Platform and avail the Services does not confer right or entitlement to any user of the Platform or the Services to make unauthorized use of the company name, brand name, logo, software or other proprietary and/or intellectual property or interest of GIM.