1.0Acceptance of Terms

1.1 By using the Safetrucks Website at www.safetrucks.com.ng and/or the Mobile App,both of which is generally referred to as the “Marketplace”,as well as any service, content or data available via them,you as a Service User herein referred to as the "User", agrees to be bound by the terms of this Agreement with Safetrucks trading as Safetrucks Limited ("Safetrucks") herein known as “Safetrucks”, owners of the Safetrucks Marketplace currently providing this service via the website, and which may use any websites or platform to provide its services in the future;

1.2 This Agreement as available on the Marketplace is to be read together with the Provider Agreement and other supplemental terms and policies found on the website. The User hereby agrees to the binding effects of the supplemental terms and policies by using the Marketplace. These terms can be updated on the Marketplace from time to time.

1.3 To interpret this Agreement, headings where used are for reference purposes only and in no way define, or limit the scope or extent of its content. Parties to this Agreement will include the parent, and its related affiliates or entities, directors and employees;

2.0 Definitions of Terms

2.1The underlisted terms as used in this Agreement are defined as follows:

  • “Username” refers to the unique identification recorded on the Marketplaceto identify each Provider and by whichthe Provider may access and use the Marketplace;
  • Affiliate refers to a party who represents or is connected with any entity or person who uses the Marketplace.
  • Agreement refers to this document in its entirety as well as any other terms and conditions referred to.
  • Approved Quote refers to final quote provided by a Service Provider which the User who submitted the Trip Request has agreed to Pay for the services listed in the Trip Request
  • Balance Payment" refers to the balance payment payable by the User directly to the Provider as set out in the Provider Terms. This amount is the equivalent of the Approved Quote minus the Deposit Fee
  • Active Trip refers to a Trip Request for which a User has accepted a Quote from a Provider and has made payment of the Deposit Fee to procure the freight services.
  • Marketplace Commission refers to the fee Safetrucks will charge the Provider for connecting them to a User who has secured any of their Provider Services via the Platform. It is mostly a flat rate percentage of the Provider’s Quote with a few exceptions that are not a flat rate percentage but a tiered percentage of the Provider’s Quote.
  • Chargeback " refers to the reversal of an amount initially charged on any card used on the Marketplace.
  • Deposit Fee refers to the amount of money, a percentage of the Approved Quote, a User pays to Safetrucks’ holding accountto procure the services of the Providerat the Quote of the Provider with respect to the specific Trip Request the User has listed on the Marketplace.
  • Trip refers to the provision of freight/transport services by a Provider to a User to fulfil a Job Request listed on the Marketplace.
  • Trip Request refers to an expressionby the User requesting for quotes from Providerson the Marketplace for a specific freight/transport service
  • Provider refers to any individual, person or entity who has registered on the Marketplace with an intention to submit quotes and to provide transport services in accordance with this Agreement.
  • Provider Services refers to the wide range of freight/transportand related services that can be listed on the Marketplace as Jobs by Providers or as Job Requestsby Users.
  • Provider Terms refers to the terms and conditions issued by the Provider and agreed to by the User in line with this Agreement, and which governs the fulfilment of the job request bythe Providers.
  • Quote refers to the bid price (cost) for which a Provider is willing to fulfil a Job Request
  • Safetrucks refers to the web link with which anyone can access the Safetrucks Marketplace.
  • Service User refers to any individual, person or entity who has registered on the Marketplace with an intention to submit Job Requests and hire providers in accordance with this Agreement. Service Users will be generally referred to as “Users”.
  • Marketplace refers to the entire web platform operated by Safetrucks, accessible to the public at www.Safetrucks.com.ng and as updated from time to time.

3.0 Disclaimer of Warranties and Liability

3.1 Safetrucks connects Service Providers to Users and provides this service via the Marketplace including but not limited to Software on an 'as is' and “as available” basis without any representation or warranties, express, or implied as to the reliability, trustworthiness, creditworthiness or other attribute or characteristic of any User or Provider.

3.2 Withoutprejudice to the foregoing, Safetrucks does not warrant that

  • (a) The Marketplace will be available constantly, or at all
  • (b) The information on the Marketplace, provided by any party is true, complete, accurate, up-to-date, or non-misleading.
  • (c) It is liable for any loss or damage due to a delay of the Marketplace in transmitting information between Users and Providers or due to removing any information, User or Provider from the Marketplace.
  • (d) It represents or recommends any Users, or Providers, or any third-party Marketplace referred to via the Marketplace.
  • (e) Any information on the Marketplace be taken as a professional advice.
  • (f) It is a party to any transaction between User and Provider and that it guarantees the ability of Users to make the complete payment for any of the Provider Services rendered
  • (g) it or its affiliates and entities have any responsibility for the actions of Users and other Providers

3.3 Safetrucks will be liable for any inconvenience, loss, or damages, caused by unavailability, interruptions or difficultiesaccessing the Marketplace, for any period of time.

3.4 Safetrucks provides no guarantee of the ability of the Provider to provide any service or of the User to procure a service; or of the ability of Users to pay for any service listed on the Marketplace. Safetrucks is not to be held accountable for any action, inaction, or obligations of the Provider or User.

3.4 Safetrucks provides no guarantee of the ability of the Provider to provide any service or of the User to procure a service; or of the ability of Users to pay for any service listed on the Marketplace. Safetrucks is not to be held accountable for any action, inaction, or obligations of the Provider or User.

4.0User Account Creation and Eligibility

4.1To register, the intending User is required to create a unique Username and password with which to access the Marketplace. The User agrees that any person using the Marketplace with the User's Username and/or password is the User or where the User is an entity, the User’s authorised representative. Hence, the User is liable for all actions taken by an such person with respect to their use of the Marketplace.

4.2Users understand that Safetrucks may log the User’s IP Address for security purposes.

4.3Persons under the age of 18 are not eligible to open a User account on the Marketplace. Where the User is a company or other legal entity, only a designate with the authority to bind the entity to this agreement should represent the entity with respect to creating an account on the Marketplace.

4.4The User is responsible to ensure their registration information on the Marketplace is up to date and accurate at all times and User understands that the User account cannot be transferred to another person or entity.

4.5All User and Provider information obtained at the point of registration on the Marketplace or subsequently would be used by Safetrucks in accordance with Safetrucks’ Privacy Policy which is available on the Marketplace.

5.0. User Warranties

5.1 To continue to use the Marketplace, the User hereby agrees and warrants to Safetrucks that:

  • (a) You are under no legal or other impediments that may prevent complying and executing the obligations under this Agreement;
  • (b) You and any representative will in all respect, actin a professional manner in dealing with Providers and any other personnel;
  • (c)Youwill pay your fees or balances due to the Provider as agreed on the Provider Terms you agreed to;
  • (e) Youwill not use the Marketplace for illegal, criminal, or unauthorized purposes;
  • (f) Youwill notify the Administrator of any unauthorized access to your Account;
  • (g) Youwill not copy, download, reproduce, store, post, distribute and provide access to, or in any other way use worms, viruses, trojans, malware or any types of malicious file;
  • (h) You will not use anything on the Marketplace or make direct and indirect references to any web site that is or mightbe in connection with any entity in competition with Safetrucks;
  • (i) You will not abuse any other person’s privacy by collecting information about addresses, phone numbers, and email without consent;
  • (j) You will not take any action on the Marketplace that unreasonably affects the Marketplace infrastructure due to their extremely large size;
  • (k) You will not use the Marketplace to engage in marketing activities that are seen as misleading or deceptive;
  • (l) You will not use the Marketplace to broadcast by any means unsolicited chain messages, commercial and junk emails, spam, Ponzi schemes to other Users of the Marketplace;
  • (m) You will not use the Marketplace to move or transport any goods that are deemed illegal, or known to of which the User has no right or authority over such as in the case of theft.

6.0The Service - Marketplace

6.1 The service provided by Safetrucks at www.safetrucks.com.ngis a Marketplace where Users can find transport/freight Providers. The Marketplace allows Providers to quote for and to accept or reject Trip Requests by the User. A User will receive quotes for Trip Requests it has provided on the Marketplace, and can now choose any preferred Service Provider after checking quotes, Provider Terms and reviews from other Users. Once a User chooses a Provider’s quote, and pays a Deposit Fee, the Trip Request status changes to an Active Trip status and the User enters into an agreement with the Provider as set in the Provider Terms for the specific transport/freight service.

6.2 The User acknowledges and agrees that Safetrucks is not a party nor its agent to the agreement between the Provider and the User.All transactions and arrangements with any Provider will be subject to the Provider Terms provided by the Provider and not governed by the terms and conditions of this Agreement, where the Provider Terms is not in conflict with the terms and conditions of this Agreement.

6.3 The User understands that they will not have access to the identity or private contact details of any Provider before they choose a quote to enter into an agreement with the Provider as set in the Provider Terms for a specific Trip Request the User had uploaded to the Marketplace.

7.0Payments and Fees

7.1 A Trip Request becomes Active only when the User accepts a Provider's Quote and pays the Deposit Fee, a percentage of the Quote into an account held by Safetrucks.

7.2 Safetrucks will charge the Marketplace Commission to the Provider for each Active Trip for which the User has made a Deposit Fee payment. Safetrucks will deduct the Marketplace Commission from the Deposit Fee being held in the Safetrucks holding account.

7.3 The Marketplace Commission is calculated as a tiered percentage of the Provider's Quote, depending on the category of Services, and is dynamically calculated at the time a Provider indicates a Quote for a Trip Request.

7.4 On the completion of a Trip, the Provider is entitled to receive from the User only the Balance Payment, an amountderived by subtracting the Deposit Fee from the Approved Quote. Such a payment from the User to the Provider is subject to the Provider Terms, and is to be made by the User directly to the Provider.

7.5 Provider Quotes in response to Trip Requests must be in Nigerian Naira (NGN). The Marketplace Commission is added automatically to the intended quote of the provider to make up the Final Quote visible to Users on the Marketplace. No additional fee may be charged above the Quote by the Provider once the Quote has been accepted by the User and where the User has not made any changes to the Active Trip.

7.6 Where other services have been procured by the User on the Marketplace i.e. Goods In Transit Insurance, outside the services of a freight Provider, fees for these services might also be included in the Final Quote, but these costs will only be payable to the respective Providers.

7.7The types of fees and rates/percentages charged by Safetrucks is subject to change at any time. Such changes whether temporal or permanent will be updated on the Marketplace, and announced via all communication channels. Where applicable, such changes to fees would be updated in this Agreement.

7.8All online payments on the Marketplace will be processed by a partner payment processor. By using the Marketplace, and agreeing to receive funds Safetrucks collected on your behalf from Users via the Marketplace, the Provideragrees to the terms of the Payment processor available on the Marketplace.

8.0 Cancellation and Disputes

8.1 Where a User wants to cancel an Active Trip; or when a Provider wishes to cancel a Job that has been matched to them for whatever reason or because they cannot complete the Job as the case may be, then the Provider’s Terms shall determine the procedure, rights and remedies available to all parties.

8.2 Safetruckswill not be responsible to issue refunds for Deposit Fees it has received via the Marketplace for freight services. Deposit Fee paid by Users would be forwarded to Service Providers after the Marketplace Commission has been deducted. Where a refund needs to happen, the Provider will be responsible to pay back the User directly, outside the Marketplace. The Marketplace Commission is non-refundable under no circumstances. Other fees paid by the User not intended for the Provider might be eligible for a refund.

8.3When there is a dispute, the User and Provider, should try to settle this within themselves since Safetrucks is not a party to their transaction, by reverting to the agreed Provider terms. However, aside providing ratings, the feedback feature of the Marketplace can be used for a documented discussion as they try to resolve their dispute.

8.4Despite the information on the feedback section, Safetrucks is under no obligation to become involved in the dispute. However, at the discretion of Safetrucks, in a case where it can substantiate poor, inappropriate, or unacceptable conductof the Usereither by breaching the terms of this Agreement or by not abiding by the Provider Termsagreed upon,Safetrucks reserves the right to take a disciplinary action against the User and this may include account,suspension, ortermination on the Marketplace, all without notice.

9.0 Chargebacks

If Safetrucks receives a Chargeback and has to refund or reverse all or part of any payment to a customer, or account via direct debit card, the following is agreed upon;

9.1 The user (User or Provider) in question must cover the cost of the chargeback upfront or as a reimbursement to Safetrucksfor the amount due.

9.2Any additional charge or levy by the bank on Safetrucks will be borne by the user.

9.3Where Safetrucks cannot charge the user’s bank account directly nor deduct the amount from the payment due the user, Safetrucks will issue an invoice to the Provider, payable within 7 daysto the Provider equivalent of the levy on the chargeback amount.

10.0 Providing Feedback on theMarketplace

10.1 The Users understands that while they may choose to resolve disputes with the Provider outside the Marketplace, they may post their feedback about the services of, and their experience with any Provider on the Marketplace and this will be available publicly on the public profile of the Provider. Feedback that can be submitted may include compliments, criticisms, comments and other observations. The feedback system will also have a star rating system rating services on a scale between Poor and Excellent. Other Users on the Marketplace will be able to see this feedback and rating at a glance.

10.2Users are expected to keep their comments clean, honest, reasonable and fair at all times.

10.3 The User understands that all information provided by all parties on the Marketplace Feedback section will be treated as non-confidential and non-proprietary, as such Safetrucks may use such information without notice and without restriction.

10.4The User must not post any information which might disrupt the flow of dialogue to the Marketplace, or information which is deemed as offensive, harassing, harmful, abusive, defamatory, unlawful, or vulgaror otherwise objectionable (to a person acting reasonably).Non-compliance with this term will result in Safetrucks taking disciplinary action on the User.

10.5 The User agrees not to impersonate any other person or access the Marketplace with a phony account in order to provide feedback on the Marketplace

10.6 The Userunderstands that any of their post, comments or information provided on the Marketplace may be removedfrom the Marketplaceby Safetrucks at their sole discretion,and without notice, if such information is deemed to breach any of these terms.

10.7Users understand that while Providers are expected to respond to comments especially when a dispute has been raised by the User, Safetrucks has no capacity to ensure compliance.Safetrucks is not a party but an observer to the discussion and may take any action at its sole discretion and not with any obligation.

10.8 Without limiting any of therights under this Agreement, Safetrucks may take a disciplinary action on a Provider or User’s account which may include restrictions to access the Marketplace especially if the Provider has received substantially negative feedbackconsistently over a period of time. This will be at the sole discretion of Safetrucks.

11.0 Insurance

11.1 Users will have an option to purchase a Goods In Transit (GIT) cover for their goods on the Marketplace irrespective of whether the Provider has a GIT cover for the truck. Where the User purchases such cover, the GIT cover will be governed by the Premium document or agreement between the Insurance Company and the User. Safetrucks only serves as a middle man between the Insurance Company and the User, therefore the User acknowledges that Safetrucks will not be held liable for any claims User might want to make on the goods.

12.0 Intellectual Property

12.1 All intellectual property rights for information and data found on the Marketplace including all software, trademarks, logos, processes, and other materials developed by Safetrucks shall remain the exclusive property of Safetrucksand its licensors. The User or anyone shall not acquire such rights.

12.2 All information the Provider or any user at all submits during registration and any other information or material submitted to the Marketplace as a user generated content remain the Intellectual property of the User who uploaded or added such content. Notwithstanding the foregoing, the User agrees that Safetrucks can store copies of these information for use as reasonably necessary for the running of the Marketplace

12.2 By the virtue of using the Marketplace, you grant Safetrucks the non-exclusive, worldwide, transferable and irrevocable right to store, publish, distribute, modify, adapt, and publicly display applicable content on the Marketplace and for use by Safetrucks in marketing and advertising

12.3 The User acknowledges that Safetrucks grants it access to the Marketplace, and all information on the Marketplace solely for the use of the User in accessing freight services from a wide range of Providers. As such, anyinformation gotten from the Marketplace cannot be sold, or repurposed outside the marketplace.

12.4 The User may not use any kind of data gathering or data extraction technology such as screen scraping, data mining devices on theMarketplace with an intent to reproduce any information contained on theMarketplace except with Safetrucks’ prior written consent.

13.0 Suspension&Termination of accounts

13.1 Where the User no longer wishes to access services on the Marketplace now or in the future, the User may delete its account without notice to Safetrucks, as long as they are no Providers the User has an obligation to pay for a successfully completed Trip previously requested for.

13.2 Without limiting other remedies available to Safetrucks at law, in equity or under this Agreement, Safetrucks may at any time, and without notice issue a warning, temporarily or indefinitely suspend a User by restricting theirtemporal or permanent access to the Marketplace, especially if:

  • (a) The User has breached any terms of this Agreement;
  • (b) The User cannot satisfactorily explain any act of misconduct or breach of the Agreement and/or
  • (c) The User's actions may cause damage and/or legal liability for Safetrucks, other Uers or other Providers.

13.3 This Agreement can be terminated by Safetrucks at any timeif:

  • (a) The terms of this Agreement have been breached and the User has made no attempt to rectify the breach within a reasonable number of days of the User being notified by Safetrucks in writing.
  • (b)The terms have been breached and is not capable of remedy; or
  • (c) the User becomes subject to any kind of insolvency event.

14.0 Limitation of Liability

14.1 In no event shall Safetrucks and its affiliates be liable to the User, Provider or any third-party for any loss in profit or any direct, indirect consequential, special, indirect, incidental, or punitive damages arising from these terms or use of, or inability to use the Marketplace or in connection to any:

  • (a) actions, inactions or omissions of any User, or Provider, including where the same results in a loss of or damage to goods;
  • (b) use of the Marketplaceand all information on it, provided by anyone even if Safetrucks has been advised of the possibility of such loss or damage; or
  • (c) removal or termination of the User or Provider's access to the Marketplace.

15.0 Indemnity

The User indemnifies and holds Safetrucks non-liable to any claims, demands, or proceedings leading to losses and damages, including direct, indirect or special damages, made by any User, third-partyor representative arising out of or in relation to the User's use of the Marketplace, breach of Agreement or violation of any law or rights.

16.0 Safetrucks Reservation of Rights

16.1 Safetrucks reserves the right to:

  • (a) in its absolute discretion, refuse to post or relay, or to pull down any information and/or materials,whether in whole or in part, of any applicable law or of this Agreement without notice to the User; and
  • (b) change or stop any of the services Safetrucks offers via the Marketplace.

17. Force Majeure

Safetrucks, Providers, Users and other users of the platform will attach no liability for any failure or delay in the performance of its obligations if it is attributable to an event of force majeure which includes system downtime of the Marketplace, server failure, civil unrest, strikes, flood, war or any act of God provided however, that in the event of a force majeure subsisting for more than one month, all parties affected will be deemed to have excused itself voluntarily from the transaction contemplated by this Agreement.

19.0 Governing Law

19.1 Governing Law Theterms of this Agreement shall be governed in accordance with laws of the Federal Republic of Nigeria.

20.0 Miscellaneous Provisions

20.1 Severability Except as otherwise provided, any provision in this Agreement, if held to be invalid, void or unenforceable such provision can be severed while the remaining provisions shall be enforced

20.2 No Waiver Safetrucks’ does not waive its right to take action in response to any breach by the User at any time, even if it waives a similar breach in the past.

20.3 Entire Agreement This Agreement and those policies incorporated by reference herein set out the entire understanding and agreement between the parties with respect to the subject matter hereof

20.4 Survival Those clauses capable of surviving termination of this Agreement shall do so.

20.5 Variation Safetrucksreserves the right to update this Agreement at any time and such revised agreements will be updated on the Marketplace.