Terms | Logistech | EG

Ahmed El-Agha0

Logistech TPL Prime T&Cs

Last Updated: 31 May 2022

Logistech TPL PLATFORM TERMS & CONDITIONS

These Logistech TPL Terms & Conditions (the “Terms and Conditions”), The Logistech TPL Privacy Policy (the “Privacy Policy”) of the Logistech TPL mobile application (the “App”), describe constitute the entirety of agreement (the “Agreement”) by which Logistech (“Logistech TPL”, “we”, “Us” or “Our”) offers you, a registered user, (also referred to as “You”, “Your”, “User”, “Carrier” or “Shipper”) access to and use the Platform for acquiring the Services made available to you by Logistech TPL. By creating a user account on the Platform, you agree to the Agreement.

(Logistech TPL, Shipper, Carrier hereinafter are referred to individually as the (“Party”) and collectively as the (“Parties”))

Note these Terms and Conditions shall only be in effect in case you haven’t signed a service agreement. If you have signed a service agreement the terms of the service agreement shall supersede this agreement.

PREAMBLE

WHEREAS, Logistech TPL is a digital service provider that provides Shippers and Carriers with a digital markeLogistech TPLace platform that allows the Shippers to create logistic services requests that can be fulfilled by the Carriers (the “Platform”); and

WHEREAS, you, a User – whether a Shipper or a Carrier – intend to use Logistech TPL’s Platform and acquire the Services.

NOW, THEREFORE, the Parties hereby agree to the following Terms and Conditions:

THE PREAMBLE

The above preamble constitutes an integral part of these Terms and Conditions and the Agreement and shall construe ay ambiguity thereof.

DEFINITIONS

The following words and expressions whenever they appear in the context of these Terms and Conditions (including the preamble) have the meanings assigned to them respectively, except where the context otherwise requires:

  1. Shipper: A Shipper is a duly registered entity that arranges to have cargo shipped on their behalf by way of land transport. The Shipper warrants that he owns possesses, or otherwise has rights to transport the cargo by using the Platform and by acquiring the Services.
  2. Carrier: A Carrier means a duly registered entity that provides cargo transportation and shipping services and holds the necessary licenses to carry out its activity in accordance with applicable laws and regulations. A Carrier who accesses or uses the Services is an independent contractor and remains solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching its Drivers (as defined below) as well as for the inspection and maintenance of its motor vehicle equipment. A Carrier is solely responsible for its actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of the 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 and control the equipment, personnel, and expertise required to transport your cargo. Logistech TPL is not an agent of any Carrier, and no Carrier is an agent of Logistech TPL nor a partnership nor subordination relationship or otherwise.
  3. Driver: A Driver is an employee or agent of the Carrier contracted by the Carrier to perform the cargo transportation service requested by the Shipper. The Carrier shall be held vicariously liable for the actions of the Driver.
  4. User: A User is an entity that accesses and uses the Services and may be a Shipper or a Carrier.

ACKNOWLEDGMENT

By accessing the Platform, you acknowledge that Logistech TPL is not a carrier and does not provide shipping and/or cargo transportation services or function as a carrier and that all such transportation services are provided by independent third-party contractors who are not employed by Logistech TPL or any of its affiliates.

THE SERVICE

DISCLAIMER: Logistech TPL IS A NEUTRAL VENUE AND IS NOT A TRANSPORTATION SERVICE PROVIDER, FREIGHT FORWARDER, CARRIER, OR BROKER. Logistech TPL DOES NOT TAKE POSSESSION, CUSTODY, OR CONTROL OF ANY CARGO. Logistech TPL 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.

Logistech TPL provides the Platform that acts as a neutral facilitation venue where Shippers and Carriers can meet and enter into an agreement in the Arab Republic of Egypt regarding land transport of goods. Carriers can accept requests and assign Drivers to perform the activities of the relevant Shipments offered for transport by the Shipper. Shippers, Carriers, and Drivers can track such requests through the shipment tracking service provided on the Platform (the “Services”).

Please note that Logistech TPL does not provide actual transportation services or act in any way as a Carrier nor is it in any partnership or agency or subordination relationship with the Carrier. It is the Carrier’s obligation, as an independent service provider, to provide shipping and/or cargo transportation services to the relevant Shipper, which may be arranged and scheduled through the Platform. Logistech TPL has no responsibility for any shipping and/or cargo transportation services rendered to a Shipper by any Carrier, nor does it assume responsibility towards a Carrier for any illegal or hazardous cargo of a Shipper. Logistech TPL’s sole obligation is to provide a Platform for the acquisition of the Services by both the Shipper and the Carrier.

RIGHT TO REJECT OR REMOVE MEMBERS

Submitting and application to use the platform and acquire the services guarantees that Logistech TPL will consider such an application. However, it does not guarantee that Logistech TPL shall accept such an application. Logistech TPL reserves the absolute right to reject Your participation or remove You from current participation in the Platform at any time and for any reason. An event that may result in the your rejection or removal from the Platform can include but is not limited to any circumvention of the Logistech TPL markeLogistech TPLace by You or by others at Your direction.

SHIPMENT REQUEST

Logistech TPL provides its Services via the Platform. Shippers may use the Platform to submit requests to arrange and schedule transportation of cargo, a service which will be rendered by the Carrier, and an assigned Driver(s) (“Shipment”). 

Logistech TPL is a neutral markeLogistech TPLace that allows Shippers and Carriers to interact and enter into agreements for the provision of cargo transportation services. Logistech TPL is not responsible for any Shipment terms entered into between You and any Carrier.

Once Logistech TPL accepts a Shipment for posting, the Shipment’s details will be posted to the Platform. You may cancel a Shipment at any time prior to a Carrier accepting it. A Carrier may view a list of Shipments available to it at any time and accept a Shipment through the Platform.

Once a Carrier accepts a Shipment, Logistech TPL will notify You that the Shipment has been accepted and has been matched with a Carrier. Accordingly, the Carrier will be assigned to perform the relevant transportation services in connection with the Shipment. As a result, the contact information of the Users involved in the subject-matter Shipment will be made available to all Users engaged in the provision of the transportation services related to the Shipment.

For the acquisition of the Services, Shippers must provide the following information as part of submitting a Shipment request:

  1. The initial address of the cargo constituting the Shipment and the destination address of the cargo constituting the Shipment;
  2. The requested dates for pickup and drop-off of the cargo constituting the Shipment;
  3. A description of the cargo being transported as part of the Shipment (nature of the commodity, dimensions, characteristics, etc.);
  4. Any specific equipment or requirements (handling specifications, motor vehicle features, etc.); and
  5. Any other information is necessary for the safe and adequate transportation of the cargo.
  6. The price of the transportation services provided by Carrier for the Shipment (“Price(s)”). It is the Shipper’s sole obligation to price the Carrier services. Shipper acknowledges that Logistech TPL is responsible nor participates in the pricing process or the facilitation thereof.

Logistech TPL does not endorse, recommend, or refer to any specific Carrier, nor does Logistech TPL have any control or influence over actions or decisions made by Users using the Services. Logistech TPL’s Users make their own decisions and You acknowledge and agree that We are not in any way arranging transportation or shipping or logistics services on Your behalf. Since We are not involved in the actual transaction between Shippers and Carriers, We have no control over the accuracy of listings or the ability of Carriers to transport items. We cannot ensure that the Carrier will actually complete a Shipment. We cannot and do not guarantee the ability of Users to complete or fulfill any services requested through Logistech TPL’s Platform.

You acknowledge and agree that any and all communications, correspondences, verbal or written or by electronic means, or any warranties or representations made with regard to the arrangement of transportation services are not provided by Us and are specifically and solely between You and the Carrier.

BILL OF LADING PROOFS AND OF DELIVERY:

The Carrier is solely responsible for generating the bill of lading for the relevant Shipment in accordance with the Shipment information submitted by the Shipper (“Bill of Lading”), as set forth above. It is the Shipper’s responsibility to obtain the proof of delivery from the Carrier.

Shippers and Carriers are instructed not to name Logistech TPL as either a shipper or a carrier on any document thereto. Shippers should not obtain any invoices from the Shipper nor should they directly settle a Shipper's invoice. All payments must be made in accordance with the Payment section below.

COMPLETION OF THE SHIPMENT

Upon completion of a Shipment, the Carrier is instructed to notify the Shipper via the App and provide proof of delivery signed by the authorized recipient.

The proof of delivery must be scanned clearly, and must be full of all relevant signatures and stamps of recipients. Shall the Carrier fail to provide the Shipper with the proof of deliver, it is the Shipper’s responsibility to obtain the proof of delivery in its proper form and Logistech TPL shall not be responsible for obtaining or forcing the carrier to provide any incomplete proof of delivery.

TEXT MESSAGING AND TELEPHONE CALLS

You agree that Logistech TPL may contact You by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by You or on Your behalf, for various purposes including Shipment creation/pickup confirmation, or User Account creation. You understand that You are not required to provide this consent as a condition of acquiring the Service.

ACCESSING THE PLATFORM & PROVISION OF SERVICES.

  1. User Account

In order to access and use Logistech TPL’s Platform and Services, You must register for and maintain an active user account on the Platform (“User Account”). You, in Your capacity as the legal representative managing the User Account, must be at least 21 years of age, and legally authorized to represent Your legal entity, as established from documents requested by Logistech TPL and provided by You to obtain a User Account.

User Account registration requires You to submit to Logistech TPL certain information for the purposes of registration and for the purposes of filling the Bill of Lading, including, but not limited to, the Shipper or Carrier entity’s name, address, registration number, tax registration number, telephone number, the legal representative’s mobile number, as well as at least one valid and preferred payment method.

You agree to maintain complete, accurate, and valid information in Your User Account. Your failure to maintain complete, accurate, and valid User Account information, including having an invalid or expired payment method on file, may result in Your inability to access and use the Services or may result in Logistech TPL’s termination of the Agreement with You. You are responsible for maintaining the confidentiality of Your User Account login credentials and are fully responsible for all activities that occur under Your User Account. You agree to immediately notify Logistech TPL of any unauthorized use, or suspected unauthorized use of Your User Account or any other breach of security. Logistech TPL is not liable for any loss or damage arising from Your failure to comply with the above requirements.

Unless otherwise permitted by Logistech TPL in writing, the Shipper entity may only possess one User Account.

You may cancel Your User Account at any time, for any reason, provided that there are no outstanding Charges due to a Carrier on You, by contacting Logistech TPL or following the instructions indicated on the Services.

  1. User Account Fees

There are no registration or subscription fees associated with registering with Logistech TPL to access and use the Services.

  1. User Requirements, Conduct, and Restrictions

You may not authorize third parties to access or use Your User Account. You may not assign or otherwise transfer Your User Account to any other entity. You agree to comply with all applicable laws and regulations when using the Services, and You may only use the Services for lawful purposes.

You agree that You will not, in Your use of the Platform and through the acquisition of the Services, cause inconvenience, or property or immaterial damage, whether to the Carrier or any other party. In certain instances, You may be asked to provide proof of identity to access or use the Platform and acquire Services, and You agree that You may be denied access to or use of the Services if You refuse to provide proof of identity.

You agree not to use the Platform to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Service, through password mining or other means; (vi) harass or interfere with another User’s use of the Services; (vii) reverse-engineer the Platform or the Services mechanics; or (viii) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services.

  1. User-Provided Content

Logistech TPL may, in Logistech TPL’s sole discretion, allow You from time to time to submit, upload, publish or otherwise make available to Logistech TPL through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services (“User Content”). Any User Content provided by You remains Your property. However, by providing User Content to Logistech TPL, You grant Logistech TPL a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution means presently known or hereafter devised, without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.

You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents, and releases necessary to grant Logistech TPL the license to the User Content as set forth above; and (ii) neither the User Content nor Your submission, uploading, publishing or otherwise making available of such User Content nor Logistech TPL’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to provide User Content that is defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Logistech TPL in its sole discretion, whether or not such material may be protected by law.

Logistech TPL may, but shall not be obligated to, review, monitor, or remove User Content, at Logistech TPL’s sole discretion and at any time and for any reason, without notice to You.

You Agree that Logistech TPL reserves the right to review any User Content, investigate, and /or take appropriate actions and measures against You in its sole discretion and in application to applicable privacy protection laws and regulations applicable in Logistech TPL’s jurisdiction, including removing or modifying User Content, suspending Your User Account, or terminating the Agreement with You, and/or reporting You to law enforcement authorities.

  1. Third Party Services and Content

You Agree that Logistech TPL’s platform implements Google Maps mapping services, including Google Maps API(s). Your use of Google Maps is subject to Google Inc’s terms of service.

You agree that Apple Inc., Google, Inc., Microsoft Corporation, or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if You access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

  1. Geolocation and Tracking Data

Within the scope of the provision of Services, Logistech TPL provides to its Users tracking services to enable Shippers to track Shipments.

Geolocation data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property or environmental damage, or other loss. Neither Logistech TPL, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services, whether provided by Logistech TPL, third party content providers, or Users.

Geolocational data that You upload, provide, or post on the Services may be accessible to certain Users of the Services. You assume any and all risk of providing such data to other Users of the Services.

  1. Anonymous Data

Logistech TPL may create anonymous data records (“Anonymous Data”) from Your User Content by using commercially reasonable efforts to exclude any and all information (such as entity name) that makes the data identifiable to You. Logistech TPL may use and disclose Anonymous Data for any purpose, including improving the Platform and the acquisition of Service.

  1. Disclosure

Logistech TPL may share Your User Content (a) with third party service providers; (b) if another company acquires Logistech TPL; and/or (c) to comply with relevant laws and regulations, or assist in preventing any violation or potential violation of the law or this Agreement (d) to a claims processor or an insurer if there is a complaint, dispute, conflict, which may include an accident involving You and the Carrier. Please consult Logistech TPL’s Privacy Policy for further information thereto. By accessing the Platform your agree to the provisions of this paragraph and may not file a complaint or otherwise make any legal claims or file any lawsuits that are intended to waive your agreement to the provisions of this paragraph.

  1. Network Access and Devices

You are responsible for obtaining the data network access necessary to access and use the Platform. Your mobile network’s data and messaging rates and fees may apply if You access or use the Services from a wireless-enabled device and You shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the App and any updates thereto. Logistech TPL does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. By accessing the platform you agree not to raise any claims in regards to any difficulties related to accessing the Platform that stem from non-conformity with the provisions of this paragraph.

  1. Amending the Services

You agree that Logistech TPL reserves the right, at any time, to modify, suspend, or discontinue the Platform and/or Services or any part thereof with or without notice. You agree that Logistech TPL will not be liable to You or any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

SHIPPER’S OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES

  1. Shipper’s Obligations
  1. Cargo Description and Disclosures

You shall disclose to Logistech TPL any and all information reasonably necessary for Logistech TPL to arrange and facilitate cargo transportation services with the Carrier, in accordance with applicable laws, regulations, and industry standards. You shall also be responsible and liable for providing an accurate description of the cargo constituting the Shipment, including, without limitation, the nature of the commodity, dimensions, characteristics, and any special handling or transportation requirements as set forth above as part of the Shipment request. Failure to abide by the provisions of this paragraph may cause Logistech TPL to restrict the posting of the Shipment on the Platform and may result in delaying and or/cancelation of Services requested by the Shipper. By accessing the Platform You understand and agree to the provisions of this paragraph.

  1. Delivery of Documentation

The Shipper shall provide any and all information and/or documentation reasonably necessary for Logistech TPL to arrange the provision of the cargo transportation service, pursuant to which Logistech TPL shall assist Carriers generate a Bill of Lading. The aforementioned documents shall also include any and all measures that the Carrier is required to undertake prior to the delivery of the Shipment to the destination address. The Shipper shall also ensure to inform the Carrier, where relevant, of any special instructions in connection with the Shipment, such as handling specifications, motor vehicle features, and stowing conditions. Otherwise, the Shipper shall be held liable for all damages arising from the absence, insufficiency, inaccuracy, omission or irregularity of these documents and information, except in cases where the Carrier is found to be held liable. The Shipper further waives their right to make any claims or file any lawsuits against Logistech TPL as a result of non-conformity with the provisions of this paragraph.

  1. Delivery of Cargo

The Shipper shall facilitate and allow access to cargo constituting the Shipment for the Carrier at the specified time and at the specified location, as per the Bill of Lading in order for the Carriers to proceed with the transportation process.

  1. Packaging and Identifying The Cargo Constituting The Shipment:

The Shipper shall be responsible for the correct packaging of the cargo constituting the Shipment. The cargo should be delivered to the Carrier, aptly packaged and wrapped, for the provision of the transportation service under normal circumstances, in a manner that it does not constitute any danger to the Carrier, its personnel, or to third parties. The cargo that constitutes each Shipment should be clearly identified using the corresponding signs, in a manner that coincides with the description in the Bill of Lading. The Shipper shall be held liable for any damage or harm caused to individuals and/or transportation equipment, as well as for the expenses incurred due to the Shipper’s non-compliance with the aforementioned packaging obligations.

  1. Cargo Securement

The Shipper shall bear the maximum responsibility allowed by law to review and accept or decline the Carrier’s motor vehicle for cleanliness, odour, leaks, or other conditions that may be deemed unacceptable by the Shipper. If a motor vehicle or any transportation equipment is deemed unacceptable by the Shipper, it is Your responsibility to refuse loading the motor vehicle. In such event, You may notify Logistech TPL immediately and request alternative arrangements. You should ensure, in coordination with the Carrier, that adequate blocking and bracing is made available for the safe stowage of cargo. You acknowledge that Logistech TPL will never be in possession of any cargo being transported in connection with use of the Services and that Logistech TPL will not be responsible or have any role in securing cargo for transportation.

  1. Loading, Unloading, Stowing, and Stevedoring

The Shipper shall carry out the activity of loading the cargo constituting the Shipment into the Carrier’s motor vehicle. Accordingly, the Shipper shall be held liable for any damages caused during the loading and stowing of the cargo. The Carrier shall not be held liable for the unloading and stevedoring of the cargo at the Shipment’s destination address, except as otherwise stated explicitly in the Bill of Lading that the unloading shall be carried out by the Carrier or a designated individual and/or entity other than the Shipment’s authorized recipient, in which case, the Carrier or such designated individual and/or entity shall be held liable for the unloading process.

  1. Shipping Documents

The Shipper shall not insert “Logistech TPL” on any receipt, manifest, or other shipping document, or any agreement entered into between You and the Carrier. In the event You do so, such insertion shall be deemed to be for Your convenience, or due to Your oversight, and shall not operate to alter Logistech TPL’s status as a neutral intermediary markeLogistech TPLace and may not constitute an implicit acceptance of Logistech TPL for such an alteration, or the Carrier’s status as the responsible Carrier. The provisions set forth in any shipping document used by a Carrier or You shall not supersede, alter, or modify any term of this Agreement or place any liability or responsibility on Logistech TPL.

  1. Shipment Acceptance

The Shipper shall guarantee the acceptance of the Shipment by communicating and corresponding with the authorized recipient. In the event a Shipment is not duly completed, due to the unavailability of the recipient at the destination address indicated in the Bill of Lading, or due to the authorized recipient’s failure to attend to the cargo constituting the Shipment in accordance with the specifications of the Bill of Lading and/or this Agreement, or due to the failure of the authorized recipient to sign the Bill of Lading, or due to the authorized recipient’s inability to provide the technical or human assistance as required for unloading and handling the cargo, the Shipper shall be held liable for any and all expenses and damages associated with failure to accept Shipment that may be caused to the Carrier.

Under no circumstances shall Logistech TPL offer storage and/or deposit services for the cargo constituting the Shipment. In the events prescribed above, through no fault attributable to Logistech TPL and/or the Carrier, the cargo constituting the Shipment shall remain in the custody of the Carrier.

In the event the Shipment cannot be duly completed due to justified causes, the Shipper shall authorize Logistech TPL to adopt an alternative arrangement to be implemented by the Carrier, and Logistech TPL shall remain excluded from any liability that may ensue due to the adoption of such alternative arrangements. The Shipper shall be held liable for any and all costs, including those derived from the potential loss of and/or damage of the cargo, as well as any expenses and damages that may result from and/or are associated with adopting an alternative arrangement.

  1. Non-Solicitation

During the term of this Agreement, and for a period of one (1) year from its termination, You shall neither initiate nor accept any direct or indirect business relationship with any Carrier to which You are first introduced to through the Services or in connection with the use of the Services. Your obligation in this regard extends to instances where the Carrier contacts You and seeks to establish a business relationship that does not include Logistech TPL.

If You request a shipment or otherwise initiate any direct or indirect business relationship with any Carrier that was first introduced to You by Logistech TPL in violation of this Agreement, You shall be jointly and severally liable with the Carrier to Logistech TPL for each such violation in an amount equal to twenty five percent (25%) of all revenues invoiced by said Carrier to You. This does not waive Logistech TPL’s right to recourse to the competent dispute resolution mechanism to claim any additional damages.

  1. Claims for Loss and Damages

We recommend You consult with a qualified attorney regarding any action You might wish to pursue against a Carrier based on lost, damaged, delayed, or destroyed cargo.

Should You wish Logistech TPL’s assistance in any claim for lost, damaged, delayed, or destroyed cargo, You should notify Logistech TPL by virtue of a written notice of a cargo claim against a Carrier. Logistech TPL may facilitate the processing of cargo claims; PROVIDED, however, You understand and agree that, notwithstanding Logistech TPL’s assistance with any cargo claim, Logistech TPL is not liable for any cargo loss.

  1.  Representations and Warranties

You hereby represent and warrant as follows:

  1. You will use the Platform to request the transportation of cargo on Your own account and at Your own risk through the Carrier;
  2. You will not use the Platform and/or the Services to ship illegal or hazardous materials;
  3. You are the legally titleholder of the shipped cargo or have the necessary rights to request the shipment of said cargo and that the real content of the Shipment coincides with that the declared in the Bill of Lading;
  1. You agree that Logistech TPL will not be liable for loss, damage, theft, destruction, or delayed delivery of any cargo;
  2. You are solely responsible for obtaining any first-party insurance to cover any anticipated losses of cargo; and
  3. Your requested pick-up and delivery dates and hours will not require a Carrier to violate hours of service regulations under applicable law.

CARRIER SELECTION

Logistech TPL evaluates Carriers prior to their engagement by Logistech TPL. Logistech TPL continues to evaluate Carriers at certain intervals pursuant to Logistech TPL’s [internal risk management and Carrier selection policies], which may be amended from time to time with or without notice to Carriers or Shippers. Logistech TPL is not responsible in any way for the acts and/or omissions of Carriers or their drivers.

Logistech TPL provides Shippers and Carriers with a feedback mechanism, as a means for Shippers and Carriers to rate and review each other and to have those ratings made available to other Users. We do not express any opinion, nor does Logistech TPL make any assurances regarding, the truth or accuracy of any User reviews or ratings. Logistech TPL does not regularly monitor or remove reviews or ratings, or any portion thereof unless they contain content We deem inappropriate.

PAYMENT

You understand that Logistech TPL does not charge any payment for the Services. Any payments due to the Carrier by a Shipper for performance of transportation services (“Charge(s)”) shall be paid directly by the Shipper to the Carrier. You acknowledge that Logistech TPL does not facilitate any Charges to any Carriers.

LICENSES

  1. Ownership

The Platform, Services, and all rights therein are and shall remain Logistech TPL’s property or the property of Logistech TPL’s licensors. Neither the Agreement nor Your use of the Platform and/or the Services convey or grant to You any rights: (i) in or related to the Platform or the Services except for the limited license granted above; or (ii) to use or reference in any manner Logistech TPL’s company names, logos, product and service names, trademarks or services marks or those of Logistech TPL’s licensors.

  1. Website

Logistech TPL owns the website www.Logistech TPL.com, the APP, and Platform and all intellectual property therein. Subject to the Terms and Conditions and the Agreement, Logistech TPL grants You a limited, non-transferable, non-exclusive, revocable license to use the website for Your internal business use during the term of this Agreement.

  1. The App

Logistech TPL owns the App and all intellectual property therein. Subject to the terms and conditions of this Agreement, Logistech TPL grants You a limited, non-transferable, non-exclusive, revocable license to install and use the 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.

  1. Restrictions

The rights granted to You in this Agreement are subject to the following restrictions:

  1. You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform;
  2. You may not remove any copyright, trademark, or other proprietary notices from any portion of the Platform;
  3. You may not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform and/or Services except as expressly permitted by Logistech TPL;
  4. You may not decompile, reverse engineer or disassemble the Platform except as may be permitted by applicable law;
  5. You may not link to, mirror, or frame any portion of the Platform and/or Services;
  6. You may not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform and/or Services;
  7. You shall not attempt to gain unauthorized access to or impair any aspect of the Platform and/or Services or its related systems or networks;
  8. You shall not access or use the Platform and/or Services in order to build a similar or competitive service; and
  9. Except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Users may contact Logistech TPL’s technical support center/customer care for any support-related issues arising from the use of the Services by following the instructions provided on the Services.

INSURANCE

A Shipper is solely responsible for obtaining any first-party insurance to cover any anticipated losses of cargo. A Shipper may request of a Carrier to procure insurance coverage for the cargo constituting the Shipment (“Carrier Insurance Coverage”). And such Carrier Insurance Coverage shall be subject to the Carrier’s insurance policy terms and conditions. The Shipper shall not, under any circumstances, demand any insurance coverage from Logistech TPL nor obliged to obtain one.

TAXES

You are solely responsible for any and all taxes, charges, and fees incurred or that may be payable to any tax authority in connection with the Shipment and/or any services provided by the Carrier hereunder, other than any income tax incurred by Logistech TPL, including but not limited to the Value Added Tax (“VAT”).

RECORD KEEPING

Logistech TPL reserves the right to keep all records of any and all Shipments and communications between You and other Users for administrative purposes in accordance with all applicable laws and regulations. Such records will be kept in accordance with applicable privacy laws and regulations.

RIGHT TO SUSPEND OR TERMINATE USERS

You agree that Logistech TPL reserves the right to suspend Your User Account or terminate the Terms and Conditions of the Agreement with you at any time and for any reason or for no reason and without notice to you. We are not liable for any damage or loss resulting from such suspension, and/or termination. Nevertheless, shall Logistech TPL terminate This Agreement by giving you a written notice of thirty (30) calendar days prior to the intended date of termination.

NO AGENCY

You hereby agree and acknowledge that your execution of the Agreement, your access to the Platform, your provision and/or acquisition of the services through the Platform, and/or your use of the Logistech TPL Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Us and furthermore that no affiliation, association or connection exists between You and Logistech TPL.

RELEASE

Should you have a dispute with one or more of Logistech TPL’s users, you agree to release Logistech TPL, its officers, employees, agents, attorneys, and accountants from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or this Agreement.

INDEMNITY

  1. Indemnification of Logistech TPL

You agree to defend, indemnify and hold Logistech TPL (and its officers, employees, and agents) harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of your (i) use of the Platform and/or the acquisition or provision of the Services, (ii) User Content, (iii) interaction with any other User, (iv) violation of the Agreement; (v) violation of applicable laws or regulations; or (vi) your shipment. Logistech TPL 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 Logistech TPL’s prior written consent. Logistech TPL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Indemnification of the Shipper

By virtue of Logistech TPL’s separate agreement applicable to Carriers, a Carrier agrees to defend, indemnify and hold you (and your officers, employees, and agents) harmless, including costs and legal fees, from any and all damages, claims or losses arising out of its performance of the 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.

  1. Indemnification of the Carrier

You agree to defend, indemnify and hold Carrier (and its officers, employees, and agents) harmless, including costs and legal fees, from any and all damages, claims or losses arising out of its performance of the Agreement, to the extent such damages, claims or losses are caused by your or your employee’ or agents’ negligence or other intentional conduct.

FORCE MAJEURE

If a Party is unable to perform or is delayed in performing, in whole or in part, its obligations under the Agreement, as a direct result of a Force Majeure Event affecting such Party, then that Party shall promptly notify the other Party of the Force Majeure Event with reasonably full particulars and timing of such event. Such Party also shall promptly notify the other Party when the Force Majeure Event terminates or no longer adversely affects its ability to perform under the Agreement. The obligations of the Party giving notice, so far as they are affected by the Force Majeure Event, shall be suspended during, but not longer than, the continuance of the Force Majeure Event.

CONFIDENTIALITY

Based on the mutual will of the Parties, a Party may disclose ("Disclosing Party") its confidential information to the other Party ("Receiving Party"), under the following conditions:

  1. All information and data exchanged between the Parties prior to the signature of the Agreement or during its term, that has or could have a commercial value, shall be confidential between them ("Confidential Information"), and neither Party, without the other Party’s prior written consent, shall disclose any Confidential Information to any third-party, except in cases where disclosure is legally required, in compliance with the request of any governmental bodies or agencies and judicial bodies, or the Confidential Information were already known to the public
  2. It is permitted for a Receiving Party to disclose the other Party’s Confidential Information:
  1. To its workers, officers, or advisers who need to be aware of the Confidential Information in order to implement its obligations under this Agreement and anything in relation hereto. Each Party shall ensure that its agents, officers, representatives, and/or advisers, to whom the Confidential Information was disclosed, are subject to the provisions of this article.
  2. If the applicable law requires such a disclosure, or if it was ordered by a court, a competent arbitral tribunal, any governmental agency or any other supervisory authority.
  3. The Parties are prohibited from using each other’s Confidential Information for any purpose other than the execution of its obligations under or associated with the Agreement.
  1. The Parties are obliged to protect Personal Data in accordance with the provisions of the Egyptian Personal Data Protection Law, as well as any other legislations applicable to the Agreement.
  2. In the event of termination of the contractual relationship between the Parties, or at the request of the Disclosing Party, all documents and/or other tangible materials containing or embodying any Confidential Information (including, without limitation, all copies, summaries, and notes that include such Confidential Information, as well as erasing Confidential Information on personal computers, software, or any other devices that contain the type of files mentioned above). The Parties also acknowledge that the provisions of this paragraph do not apply to Confidential Information that needs to be kept, including documents and records which need to be kept in accordance with applicable laws. Personal Data of the Customers must also be destroyed by all the Parties.

ASSIGNMENT AND OWNERSHIP

You may not transfer or assign any of Your rights or obligations under these terms without Logistech TPL’s prior consent. Logistech TPL may transfer or assign all and any of its rights under these terms to any person, only by notifying You.

NOTICES

Logistech TPL may provide You with communications in relation to these Terms & Conditions and/or the Agreement, including notices, by mail or in an electronic form, including by email and text messages.

You must provide notices to Logistech TPL by email to the following email address: ***** 

NO WAIVER

No failure or delay of any Party to exercise any right or remedy under the Agreement or by law shall be deemed as a waiver of such a right or remedy or any other right. Such failure or delay shall not withhold the Party from exercising its right to demand compensation or any other types of remedies. Full or partial exercise of any right or remedy shall not be deemed as a limitation of a Party’s right to claim its right, a compensation, any other right or type of compensation, and shall not prevent the respective Party from such any of the aforementioned.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, all other provisions will remain valid and be enforceable and construed as if such invalid provision were never a part of the Agreement.

APPLICABLE LAW & ARBITRATION

This Agreement shall be governed by and construed in accordance with the laws applicable in the territory of the Arab Republic of Egypt. Any dispute, controversy, or claim arising out of or relating to this Agreement, its interpretation, execution, the termination, or invalidity thereof, shall be settled by arbitration in accordance with the Rules of Arbitration of the Cairo Regional Centre for International Commercial Arbitration (CRCICA). It is hereby agreed that (i) the seat of arbitration shall be in Cairo, Egypt, (ii) there shall be a sole arbitrators appointed in accordance with CRCICA’s rules, (iii) the language of the arbitration shall be in English, and (iv) the award shall be in writing and shall set forth in reasonable detail the facts of the Dispute and the reasons for the tribunal’s decision. The rendered award shall be final, binding upon the Parties, and can be enforced with no additional requirements.

SEVERABILITY

If any provision of these Terms and Conditions or the Agreement is held invalid or unenforceable, the other provisions of these Terms and Conditions or the Agreement will remain in full force and effect. Any provision of these Terms and Conditions or the Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. Furthermore, should any provision of these Terms and Conditions or the Agreement be held invalid or unenforceable in whole or in part, the Parties undertake to exert all efforts in good faith to ensure the original intent of the Parties is upheld.

ASSIGNMENT

These Terms and Conditions, the Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Logistech TPL’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 the Agreement shall be binding upon assignees.

NOTICES

All Notices sent to Logistech TPL shall be sent via e-mail at [services@Logistech TPL.app]. All notices will be sent to you using the contact information you provide, and may be sent via physical mail, e-mail, text, phone call, or fax.

DISCLAIMER

THE PLATFORM IS ACCESSED AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." Logistech TPL EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. Logistech TPL 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. Logistech TPL 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.

Logistech TPL'S PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH OTHER USERS, BUT YOU AGREE THAT Logistech TPL 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 THE AGREEMENT. YOU ASSUME ALL LIABILITY AND RISK OF USING THE PLATFORM OR 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 PLATFORM 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”). Logistech TPL ONLY OFFERS TECHNOLOGY THAT ENABLES CARRIERS TO COORDINATE TRANSPORTATION SERVICES. Logistech TPL 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 THE PLATFORM. WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN THE PLATFORM AT ANY TIME WITHOUT NOTICE.

THE PLATFORM AND/OR SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. Logistech TPL 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. Logistech TPL 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 PLATFORM.

LIMITATION OF LIABILITY

Logistech TPL 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, NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Logistech TPL 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.

Logistech TPL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM AND/OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM AND/OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER OR ANY THIRD PARTY. Logistech TPL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Logistech TPL'S REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS AGREEMENT DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.