Zmnload - Terms of Service Agreement

Last updated: August 20, 2021

ZmnLoad is e-platform online which links between the shippers and transport companies for transport of goods. The platform provides the request for transport of goods (cargo) so that owners of transport companies and drivers can accept the orders. ZmanLoad is platform for directing vehicles for transport of goods electronically and these conditions (The Agreement) define service conditions for users by shippers and carriers and any user using any of our websites, mobile applications as well as other services through different communication channels (hereinafter referred to as "Services" or "Our services") knowing that ZmnLoad does not assess the appropriateness, legality, organizational compliance or quality of any shipping company or article shipped through our services. Further, ZmnLoad does not provide any guarantee in this regard. This agreement does not make you agent, legal representative or partner and you have no right in any way to enter into guarantee contract or representation on behalf of ZmnLoad or explicit or implicit obligation on behalf of ZmnLoad.

We may change the service conditions agreement from time to time and the date at the upper part of the agreement may be reviewed knowing that we encourage user to review the agreement to keep aware of service conditions and its terms. We hope to refer to our privacy policy to get the information of the mechanism and how to collect, use and disclose the information related to service users.

In case of your disapproval or rejection of these conditions or some of it, you have not to use our services as your use of our services is considered an approval by you to adhere to this agreement.

Definitions:

Shipper: Shipper is ZmnLoad customer and wishers to transport goods from one place to another.

Carrier: Natural or corporate person who carries out transport as licensed by Transport Authority.

User/Service User: Any person or company uses or visits our services.

User Content: The data to be uploaded by users including mobile number, shipment data, location and truck data.

Shipment: The goods to be transported by shipper.

1. License to use
1. Registration and accounts

   All users shall register at ZmnLoad account (Account) and provide all required information. Thus, you declare that all registration information is correct and you will maintain accuracy of data. You can delete your account at any time and for any reason through contacting ZmnLoad. Each user is responsible for maintaining confidentiality of registration data and not to share it with third parties.

2. Phone calls and text messages

   As part of documentation procedures of the account upon registration, you will be asked to provide us with special call number so that we can contact with you knowing that you agree to receive text messages sent through Auto system and all calls from and to ZmnLoad may be taped for quality and training purposes.

3. Website and mobile application

   Zaman Loud owns and maintains its intellectual property for the website https://www.zmnload.com  and the mobile applications and internal content for them. Time Upload grants you a limited, non-transferable, non-exclusive and revocable license to use during the term of this agreement.

4. The limitations imposed on the license and use of services

1. You may not license, sell, rent, transfer, appoint, distribute host or make commercial use of the service.
2. You may not amend, dissemble, reverse translation or reverse engineering of any part of service.
3. You may not access to service for building similar or competitive service.
4. You may not copy, reproduce, distribute, re-publish, download, offer or publish any part of service.
5. You may not infringe third party's rights including copyrights, trademarks and trade secrets.
6. You may not use services in illegal matters or matters which cause harm to others.
7. Agree not to upload or transfer computer viruses or any programs with view to damage or change of systems in relation to our services.
8. You may not send ads or promotional materials through message or by any other way of communication.
9. You may not collect information or data of users and tray to enter into computer systems or connected networks.

5. User Content

   ZmnLoad seeks hard to ensure the correctness of users' contents knowing that each user will be responsible for his content and it also ensures that your user's content does not infringe any condition of service. Further, ZmnLoad is not responsible for any damage due to the use by any person or company for users' content and it does not provide any guarantees regarding the accuracy, correctness, completeness or appropriateness of users' content. Data of the site and direction provided by service through third parties or other users are for support of users of service and to depend on in the cases which require accurate information. ZmnLoad is not responsible in case such data may cause damages, injury, death or loss. In addition, ZmnLoad has the right to use your name, slogan or any other data on site and at mobile applications as well as any other marketing materials.

   ZmnLoad keeps the right to review all contents of users and/or take the appropriate procedures including removal or amendment of user's content, terminate the account and/or inform execution authorities knowing that ZmnLoad is not responsible for controlling, amending or removing any content of user.

2. Intellectual property

   ZmnLoad possesses all intellectual property rights of all contents of our services including for example, but not limited to, website, mobile applications, all related programs and servers, trademarks, trading names, slogans, domain names, trading lines (Marks). You cannot use any marks unless under written consent from ZmnLoad as all rights in marks are maintained by ZmnLoad.

3. Responsibilities

1. Shipper's responsibilities:
1. Shippers shall indicate all information of the shipment correctly including uploading and downloading location, uploading time, officer's name, contact number at uploading location and downloading location, goods type, method of packing, weight, its estimated value and truck type.
2. Shipper shall provide uploading and downloading tools and equipment on time.
3. Shipper declares that all goods to be transported shall conform to Saudi laws and it is not prohibited.
4. Shipper declares that he shall not transport passengers, parcels, dangerous or fire materials and transport process is limited to goods.
5. Shipper declares to adhere to international criteria of packing of goods to be transported.
6. Shipper declares to provide communication ways including communication with shipper, name and contact number of the person in charge of uploading and downloading and h is responsible for acts of persons whom he deals with at uploading and downloading location.
7. Shipper shall not instruct carrier with different or new instructions except as mentioned upon providing shipment order unless after ZmnLoad's approval.
8. Shipper shall disclose any instructions related to handling of the shipment such as special authorization or license for facilitating performance of receipt and delivery.
9. Shipper declares to adhere to disclosure policy in relation to times of uploading, downloading and its instructions clearly and by this way shipper declares policy of change and delay
10. Shipper declares to pay transport amount to ZmnLoad directly according to the agreed payment conditions.

2. Carrier responsibilities:
1. Carrier shall commit to all laws and regulations of transport authority as public carrier of goods and issuing the necessary documents by related parties and documents will be valid and to be provided to ZmnLoad upon registration.
2. Carrier shall adhere to all laws and regulations of transport authority including adherence to legal weight.
3. Adhere to SASO laws and regulations including reflectors and safety barriers at road.
4. Adhere to SFDA laws and regulations and ensure to ensure to use the appropriate temperature for cooling equipment of refrigerated or frozen goods as per shipper's instructions and equipment shall be clean, dry and free of leakage, harmful odor and free of any contamination and proper for the goods to be transported.
5. Adhere to ensure that the trailer and equipment connected to truck is in good condition.
6. Adhere to conduct periodic maintenance of cooling equipment as per manufacturer's instructions and covering the frozen/refrigerated goods in case of damage of cooling machines for no less than 8 hours consecutively.
7. Commit to traffic laws in relation to the specified speed, license validity and that the goods are within the approved height of traffic movement for bridges and lower passage.
8. Adhere to ensure that the materials used in packing and fixing to secure the goods and its method of use is executed according to international standards for example , but not limited to, packing goods according to carriage weight and type.
9. Adhere to maintain all locking systems of the car correctly at all times.
10. Ensure to close all doors of the car if not under supervision, close and secure all doors and windows.
11. Adhere not to leave loaded vehicles without supervision unless it is topped at closed/secured garage.
12. In case there is accident or theft, a report shall be presented to the police in addition to presenting report of civil defense in case of fire.
13. Adhere to inspect the carriage periodically and ensure that belts are tied as required.
14. Carrier shall commit to all instructions related to handling of the shipment and details of the shipment from shipper or ZmnLoad. Carrier shall follow rules of the facilities and prepare the required documents (if any) to facilitate performance of receipt and delivery.
15. Upon its approval to transport shipment, carrier declares to adhere to times of arrival as mentioned at data of the shipment and he declares cancellation and delay policy and communicate with ZmnLoad in case of any emergency case.
16. Adhere to use application and activate feature of site services and take photos of carriage on truck clearly at four directions after uploading directly and upload it at the application.
17. Adhere to provide safety tools and requirements at the truck.

3. Limits of our responsibility:
1. Responsibility limits of ZmnLoad are limited to limits and conditions of insurance policy with max. of 300 thousand Saudi Riyals per shipment knowing that responsibility limits and conditions of insurance policy do not include tort responsibility (including negligence). ZmnLoad is not responsible for damages indirect, accidental or consequential damages including loss of profits, loss of data, personal injury and damages of public properties.
2. ZmnLoad is not responsible for any damages or losses resulting from your use of services or inability to access to services and it is not also responsible for delay or failure of performance resulting from causes outside control of the company. The full responsibility of the company towards you in relation to services and transport services for all damages, losses and causes of action shall not exceed SAR five thousand Saudi Riyals.
3. Limits of the responsibility provided above are basic component of the agreement basis between ZmnLoad and user.

4. Subcontracting or assignment

   Shipper or carrier may not subcontract, assign or permit any other person or entity to execute any of your obligations and the company is entitled to claim of compensation due to the further direct and indirect damages in this regard.

5. Non-solicitation

   Carrier may not accept any direct or indirect trading relation with any shipper who were contacted through our services for one year from termination date of providing the service through ZmnLoad. This commitment extends to the cases in which shipper communicates with carrier and it seeks to establish work relationship not including ZmnLoad. If the same occurs with any shipper introduced to carrier for the first time by ZmnLoad, carrier shall be responsible for each infringement and he declares to pay an amount equal to 20% of all revenues paid by the shipper.

6. Shipping documents

   You may not as user to include the name of ZmnLoad or our company to any bill, receipt or shipment notice or other shipping documents and if necessary, you should ask it from ZmnLoad.

4. Payment Conditions
   1. Shipper shall pay amount of transport fees as well as any extra amounts, if any, as agreed directly to ZmnLoad for the services related to transport of shipments.
   2. ZmnLoad shall pay transport fees to carriers no matter if shippers pay to ZmnLoad or not. Carrier declares not to collect amounts from shippers as ZmnLoad will collect it from them.
   3. Carrier declares that it will pay all due taxes and ZmnLoad is not responsible for reporting these taxes.

5. Resolution of Disputes

   If there are disputes or claim arising against ZmnLoad, it shall be settled through arbitration according to the arbitration law issued by Saudi Center of Commercial Arbitration. Based on the agreement of both parties, arbitration procedures may be conducted outside the center and locally.

5. Governing Law

   Service conditions are governed by Saudi law and resolution of all disputes shall be made in Saudi Arabia.

6. Correspondences

   For serving notices or inquiries in relation to service conditions to ZmnLoad, pls. communicate through e-mail: info@zmnload.com

7. term of agreement

   Validity period of service conditions shall apply during using our services and the conditions shall be effective if there are any disputes after termination of services. ZmnLoad may at its sole discretion terminate the agreement at any time. Upon termination of the agreement, your account will be closed and your right to access to service will be stopped.

Waiver

Our services may confront damage or may be unavailable for maintenance reasons or other reasons, and the information and data on the website and mobile application are for public information purposes only knowing that we seek to provide our services as required and to provide correct and available data, but we do not provide any declarations, undertaking or guarantees of any type in relation to completeness, accuracy, reliability or availability. Therefore, the company does not assume any liability for any error, omission, interruption, delay or failure of communication, theft, technical fault, unauthorized access to user's communication or change it which may cause delay, reduction of revenues or high costs knowing that we do our best to promote our services and keep on continuous work and high quality.