1.1. Carrier or You — individual, the user of the Website and/or Services (including mobile application Transportica driver) the purpose of whose is to find freight for transportation.
1.2. Individual - a person who has full legal capacity, using the Website and /or Services for personal use and / or commercial use and exclusively on their behalf.
1.3. Shipper – an individual, the user of the Website and/or Services, the purpose of whose is to find a driver for the transportation of their freight.
1.4. Load/Freight - the object of transportation from the departure point to the destination with a material value.
1.5. Website - «transportica.com», informational resources available on the Internet using a domain name transportica.com (also through other domains).
1.6. Transportica or We - informational service for freight transportation.
1.7. Service / Services - informational services provided to the Carrier through the Website and / or other means (in particular, but not exclusively, via e-mail and messages) with the legitimate use of trademarks «Transportica» and / or the corresponding designations, and also the corresponding sections of the Site and ways of providing services.
2. General Terms
2.2. This Terms (including the Terms and Conditions of Use of separate service), to the extent of the applicability of the relevant terms to free / unregistered access, extends to both registered and non-registered users on the Website.
2.3. This Terms are available for the Carrier on entering the Website. Usage of the Website, any of the Services and/or account registration is a confirmation of the Carrier’s unconditional acceptance of all the Terms.
2.4. Transportica reserves the right at its discretion to modify the Terms at any time without the prior and/or subsequent notification of the Carrier. The current edition of the Terms is always available at transportica.com/driver/agreement/. Subsequent usage of the Website and/or Services after any changes to the Terms implies unconditional acceptance of the Carriers of such changes.
3.1. Carrier pays a fixed commission fee for services provided by Transportica after fullfilment of order.
4. Limited Transportica Liability
4.1. Access to the Website and Services is provided "as it is" and Transportica does not guarantee that the Website and/or Services compliance the Carrier's expectations and/or goals.
4.2. Carrier understands and agrees that Transportica has the right, in its sole discretion and without prior notification of the Carrier, to change available Services and/or Website functionality.
4.3. Carrier understands and agrees that Transportica does not guarantee 100% error-free and uninterrupted operation of the Website and/or Services and shall not be liable for any possible damage caused to the Carriers and/or third party by technical failures of hardware and/or software on either side.
4.4. Carrier understands and agrees that Transportica does not guarantee the accuracy of the information (in particular, but not exclusively: available loads and / or vehicles) posted on the Website by third parties, and is not responsible for any possible damage caused to the Carrier and / or third party by the use of the Website / Services.
4.5. Carrier understands and agrees that Transportica is not responsible for the accuracy of the ad information published on the Website, and for the quality of the advertised products / services.
4.6. Transportica reserves the right in its sole discretion to suspend, restrict or terminate Carrier's access to the Website or to individual services in the case of the Carrier’s breach of this Terms and/or applicable law at any time. At the same time, in cases of breaches due to the fault of the Carrier, Transportica shall have no obligation to return the money paid for the access to Services and/or damages
5.1. By registering the account, the Carrier guarantees that he has full legal capacity.
5.2. During registration Carrier is obliged to provide only accurate information about themselves, the vehicle etc., including:
vehicle, trailer, semitrailer license plate number
licences or authorizations for shipments of definite cargo types
5.3. Carrier is responsible and takes measures to ensure the security of his account on the Website (including the login and password, email address, etc.). Carrier is solely responsible for all acts committed with the use of the Carrier's account. Carrier agrees to promptly notify Transportica of any unauthorized use of the Carrier’s account by third parties. Carrier agrees not to use the credential information that may be misleading, particularly, but not exclusively: reproduced trademarks and / or trade names of third parties or similar to them to the point of confusion; data, duplicated from other account.
5.4. Carrier agrees not to register and not to use more than one account.
5.5. Transportica reserves the right to request confirmation of the data provided by the Carrier, and to decide on the validity of the Carrier's account based on the results of such request.
5.6. Transportica reserves the right to block and / or to cancel (remove) the Carrier's account, in particular, but not exclusively, in the following cases::
violation of the conditions of registration and / or use of the account;
violation of the rules of posting and / or other use of the information;
successful or unsuccessful attempt to circumvent the technical protection of information used by Transportica in the provision of the Services, various attacks against the Website, including, but not limited to the deliberate use of possible errors in the scripts of the Website.
5.7. Transportica reserves the right to keep a history of changes of any Carrier’s registration information for the account, with the same level of public access to the history of the changes as the information itself. Any data stored in the history of changes of the account is recognized as relevant for the establishment of any significant facts and relations associated with the account. Besides - in a controversial and/or doubtful case, provided additional documentary evidence of the Carrier integrity of data changes and use account before and after such changes - refer to the time of the relevance of making such registration data.
6. Personal Data and Privacy
7. Carrier’s Use of Information
7.1. Regardless of the communication channel with other Carrier and / or Transportica, the Carrier agrees to comply with generally accepted standards of courtesy.
7.2. Carrier agrees not to use, without the permission of Transportica, the Website and / or Services to post any kind of promotional information and / or for mass spreading of any information that doesn’t meet the subject of the Website (Services).
7.3. When uploading any photos or documents, the Carrier guarantees, that he has the right to use the document/photo for the purposes it is being uploaded on the site without violating the rules (including intellectual property rights).
7.4. Carrier agrees not to commit fraud against other users of the Service and / or Transportica. In particular, but not exclusively, not to post with the use of the Website / Services any information indicating, without sufficient authority, registrational, personal or contact information of other persons, as well as any other spread of information which is able to be misleading as to the true identity of the Carrier or his intentions. Carrier understands that such actions can be classified as fraud and are a criminal offense.
7.5. Transportica is the holder of exclusive rights to intellectual property on the data compilation (database) to which access is provided to the Customer as part of the Services, including but not limited to, the compilation of the applications and cargo offers for shipment and / or the presence of free vehicle. Customer receives a non-exclusive right to use the above mentioned intellectual property rights to which belong to Transportica, only to meet their needs directly related to the carriage of goods. All rights to use data compilations that are not listed directly in this Terms as provided to the Customer shall be considered not granted and reserved for Transportica. In particular, but not exclusively: the Customer is not entitled to reproduce and / or distribute intellectual property of Transportica by any means not provided in this Terms.
8.1. To avoid any discrepancies, the above mentioned rules are general and apply to all Services / sections of the Website, including, but not limited to: placement of loads and / or the presence of free vehicle, leaving reviews about Carrier.
9. Contact with Transportica
9.1. Information on how to contact us is posted on the "Contact Us" page. You can also use a separate form "Comments and suggestions" or make a call to the operator.
9.2. You understand and agree that in your and our interests, as well as in the interests of third parties who may be involved in a variety of issues, we have the right to record telephone conversations with customer support.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
10.1 Transportica does not function as a transportation carrier or arrange for the movement of freight. All such arrangements are made by the users of the Services, and any terms and conditions of such freight movement, including without limitation any pricing or payment terms, are solely among the users of our Services. You use the Services at your own risk. While we make reasonable efforts to post and supply accurate and timely information, we make no representations or warranties of the accuracy of content on the Services or content otherwise provided to you by us through an alternative means and assume no liability or responsibility for inaccuracies, errors or omissions in such content. You fully and completely assume all risk of using the Services and any content, materials or information provided to you by us or any other user of the Services.
NEITHER WE NOR ANY OTHER PARTY INVOLVED IN THE CREATION, DISTRIBUTION OR DISPLAY OF THE SERVICES OR ANY OTHER MATERIALS OR INFORMATION PROVIDED TO YOU BY US IS LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR THAT RESULT FROM: (A) YOUR USE, INABILITY TO ACCESS OR USE OR RELIANCE ON THE SERVICES OR ANY OTHER MATERIALS PROVIDED TO YOU BY US, EVEN IN THE EVENT OF OUR NEGLIGENCE; OR (B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SERVICES AND ANY OTHER MATERIALS OR INFORMATION PROVIDED TO YOU BY US ARE DELIVERED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, ABILITY TO MEET YOUR NEEDS OR NONINFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES OR ANY OF THEIR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR DAMAGE YOUR HARDWARE OR OTHER PROPERTY AS A RESULT OF YOUR ACCESSING, BROWSING OR USING THE SERVICES, DOWNLOADING INFORMATION OR PRINTING INFORMATION FROM THE SERVICES.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TRANSPORTICA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, WEBSITEs OR THEIR CONTENTs, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITEs, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITES.