Terms & Conditions to use Online-Trucking.com for drivers/a company/Users.
License terms for each of the mobile application associated with the Platform are included within the applicable mobile application and will apply to your use of the applicable mobile application in addition to these Terms.
These Terms were last updated on 2nd Nov 2021.
1.1 We are a Private limited company registered in Pakistan with a FBR registration number A044033 and have our registered office at Office No. 24, 2nd Floor, Shamsabad Aries Tower, Rawalpindi.
1.2 The Platform enables Members to connect with other Members for the purpose of contracting with one another (the resulting contract being referred to as a “Delivery Agreement”), however, Members make such connections and/or enter into such a Delivery Agreement at their own risk. Where a Member uses the Platform to engage, or to be engaged by, another Member for the provision of Delivery Services, each Member will:
1. a) Enter into a Delivery Agreement directly with each other for the provision and receipt of such Delivery Services on terms to be agreed between the relevant Members. ONLINE TRUCKING is not a party to that Delivery Agreement, and Members will be separately responsible and liable to one another under the terms of that Delivery Agreement. 2. b) be responsible, as a data controller, for processing all personal data sent or received via the Platforms in accordance with the Data Protection Laws (as defined in clause 12).
2.1 To request or offer Delivery Services via the Platform the Driver/company must submit a request to become a Member.
2.2 By requesting to become a Member, the User warrants that:
1. a) the User is legally capable of entering into binding contracts.
2. b) the User is at least 18 years old.
3. c) the User has not had a previous registration for any of the Platforms suspended or terminated for any reason.
2.3 If the User is requesting to become a Member on behalf of a business entity, the User warrants and represents that the User has the authority to accept these Terms on behalf of such entity and that such entity is thereby bound by these Terms.
2.4 In order to be accepted as a Member, the User must be validated by ONLINE TRUCKING and will be required to provide certain documents as notified by ONLINE TRUCKING, which may include some or all of the following:
1. a) ID Card Copies, Complete Address, Pictures of the Vehicle with a driver and without, and 2 Guarantors with their names and addresses.
2. b) a copy of all relevant driving licenses including but not limited to driving licenses, and operating licenses.
2.5 To remain a Member, the Member must keep all documents provided to ONLINE TRUCKING hereunder up to date and valid.
2.6 ONLINE TRUCKING has no obligation to accept a User’s application for membership, and may reject any application, or stop any User from registering as a Member, in ONLINE TRUCKING’s sole discretion.
2.7 The Member hereby warrants that the information provided by the Member to ONLINE TRUCKING is, and the Member shall routinely check that such information remains at all times, true, accurate and complete. The Member further warrants that the Member shall promptly notify ONLINE TRUCKING in the event of any change to such information.
2.8 The Member shall keep their registration details for the Platforms (“Login Details”) confidential and secure. The Member may authorize access to additional individual Users to access the Platform(s) on the Member’s behalf, and it is the Member’s responsibility to ensure the individual Users comply with these Terms. Each individual User may have their own Login Details.
3.1 Each User is solely responsible and liable for their use of the Platforms and that it is each User’s sole responsibility to enforce any obligation owed to the User by a third party that arises from their use of the Platforms. In the event that the User has a dispute with any other User of the Platforms, the User hereby releases ONLINE TRUCKING from all claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute, except as expressly set out in these Terms.
3.2 ONLINE TRUCKING may monitor the User’s use of the Platforms from time to time. The User hereby consents to ONLINE TRUCKING monitoring their use of the Platforms.
3.3 Certain areas of the Platforms are available only to Members.
3.4 The Member must notify ONLINE TRUCKING immediately of any breach or suspected breach of security or unauthorized use, or suspected unauthorized use, of their account, Login Details or information.
3.5 The Member agrees that at all times they shall:
1. a) Comply with all instructions, policies and guidelines from ONLINE TRUCKING from time to time in respect of the Platform. ONLINE TRUCKING’s policies can be found in the Help Center of the Platform or otherwise as provided to the User in writing. ONLINE TRUCKING may make amends to these policies from time to time and notice of such amends will be provided via the our Platform.
2. b) Comply with the provisions of ONLINE TRUCKING’s acceptable use policy.
3. c) co-operate with all reasonable security or other checks or requests for information made by ONLINE TRUCKING from time to time.
4. d) Use the Platforms and the information made available to them on the Platform at their own risk.
3.6 The Member further agrees that they shall not, and shall procure that all Users authorized by the Member shall not, at any time:
1. a) use their Login Details with the intention of impersonating another person.
2. b) allow any other person or entity to use their Login Details.
3. c) re-register as a Member (either using the same or a different legal entity), or attempt to do so, after their registration has been revoked (whether such revocation was in respect of the same or a different legal entity).
4. d) do anything likely to impair, interfere with or damage or cause harm or distress to any other User.
5. e) infringe any rights of any third parties.
6. f) introduce into or onto the Platform any virus, Trojan, worm, logic bomb or other material which is malicious or technologically harmful.
7. g) attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform.
8. h) attack the Platform via a denial-of-service attack or a distributed denial-of service attack.
9. I) launch any automated system that accesses the Platforms in a manner that sends more request messages to ONLINE TRUCKING’s servers in a given period of time than a human can reasonably produce in the same period using a conventional on-line web browser.
10. j) use the Platform(s) in any manner or for any purpose that is, or may be considered, offensive, illegal or inappropriate.
3.7) ONLINE TRUCKING reserves the right to make any changes to the Platforms including any functionalities and content therein or to discontinue a specific feature from time to time subject always that:
1. a) ONLINE TRUCKING notifies the Member in writing using the Platform 2. b) such changes shall have no material adverse effects on the Member.
The number of jobs that can be canceled in a month will be a maximum of 5 (Small & Medium vehicle Under Shehzore size).
For big vehicle up to 3 jobs per calendar month. (Above Shehzore size vehicles)
5.1 At total sale, Agreed Price, 15% will be Online Trucking’s commission. For example a driver make 5000 PKR Sales the online trucking will charge 750 PKR. (For each 100 PKR 15 PKR).
5.2 The amount will be payable by Easy paisa account from member/drivers account to Online trucking account with their reference to activate the account.
6.1 The Member may submit their reviews in respect of their experience (“Reviews”) or make contact with other Members (each Review and other communication via the Platforms being referred to as a “Submission”). The Member must comply with the content standards set out herein and in ONLINE TRUCKING’s acceptable use policy. The Member warrants that all Submissions comply with those standards, and they indemnify ONLINE TRUCKING for any breach of that warranty.
6.2 The Member shall not submit any Submission(s) that in ONLINE TRUCKING’s reasonable opinion:
1. a) is, or may be considered offensive, illegal or inappropriate.
2. b) contain information that is inaccurate, false or misleading. or
3. c) infringe any rights of any third party and they warrant that they own all intellectual property rights and any other applicable rights in such Reviews.
6.3 The Member acknowledges that making a Review does not guarantee that such Review, or any part thereof, shall appear on the Platforms. The Member agrees that ONLINE TRUCKING may, in ONLINE TRUCKING’s sole discretion, choose to display, edit or to remove any Review or any part of the same that they make on the Platforms.
6.4 If the Member feels that any Submission by another Member is objectionable, please contact ONLINE TRUCKING using the contact details in clause 1 or set out on the Platforms. ONLINE TRUCKING shall use its reasonable endeavors to review the relevant Submission as soon as is practicable and shall take such action as ONLINE TRUCKING deems appropriate, if any at all.
6.5 ONLINE TRUCKING is not responsible for the content or accuracy of any materials posted by the Member and we cannot guarantee confidentiality of any Submissions.
6.6 ONLINE TRUCKING has the right to remove any Submission if, in ONLINE TRUCKING’s opinion, such Submission is made in breach of these Terms.
6.7 ONLINE TRUCKING makes no warranty concerning functionality of any software required to upload Submissions and the Member hereby waives any legal or equitable right or remedy they may have against ONLINE TRUCKING for the use thereof, as applicable.
7.1 In consideration for a User’s compliance with these Terms, ONLINE TRUCKING shall use its reasonable endeavors to provide the User with the Platforms at all times.
7.2 ONLINE TRUCKING shall be entitled, from time to time at ONLINE TRUCKING’s own discretion and upon the provision of notice to the User, to suspend the Platforms whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to the User for any such suspension on non-availability of the Platforms (whether wholly or partly).
7.3 ONLINE TRUCKING may suspend or terminate the Member’s access to the Platforms (wholly or partly) in the event that:
1. a) the third party services and network providers cease to make the third party service or network available to ONLINE TRUCKING
3. c) ONLINE TRUCKING believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Platforms (in whole or in part)
4. d) ONLINE TRUCKING believes that the Member has provided ONLINE TRUCKING with any false, inaccurate or misleading information
5. e) ONLINE TRUCKING believes that the Member is using the Platforms to provide a service that ONLINE TRUCKING, in its sole discretion, deems to compete with the Platforms or other services
6. f) ONLINE TRUCKING believes the Member is in breach of any of the policies and guidelines of ONLINE TRUCKING. ONLINE TRUCKING’s policies can be found in the Help Center of the Platforms or otherwise as provided to the User in writing.
7.4 The Member may terminate this agreement without cause on the provision of not less than 30 days written notice to ONLINE TRUCKING. In such event:
1. a) the Member shall cease all use of the Platforms on or before the date of termination
2. b) All rights granted to the Member hereunder shall cease on the date of termination.
7.5 Termination of this agreement shall not affect the rights of either party accruing or accrued prior to the termination of this agreement.
8.1 ONLINE TRUCKING relies on third party providers (such as network providers, data centers and telecommunication providers) to make the Platforms available to Users. Whilst ONLINE TRUCKING takes all reasonable steps available to ONLINE TRUCKING to provide Users with a good level of service, the User acknowledges and agrees that ONLINE TRUCKING does not warrant that the Platforms shall be uninterrupted or fault-free at all times. ONLINE TRUCKING therefore shall not be liable in any way for any losses the User may suffer as a result of delays or failures of the Platforms as a result of ONLINE TRUCKING’s service providers.
8.2 ONLINE TRUCKING takes reasonable precautions to protect the Platforms from malicious code and third party attacks, however, ONLINE TRUCKING is not liable for any loss or damage caused by a third party distributed denial-of-service attack, viruses or other technologically harmful material that may infect a User’s computer equipment, computer programs, data or other proprietary material due to their use of the Platforms or to their downloading of any material posted on it, or on any website linked to it.
8.3 The material displayed on the Platforms is provided without any guarantees, conditions or warranties as to its accuracy. Subject to the exceptions set out in the last paragraph of this clause 9, below, ONLINE TRUCKING shall not be liable for losses that result from its failure to comply with these Terms that fall into the following ONLINE TRUCKING categories:
1. a) consequential, indirect or special losses.
2. b) loss of profits, income or revenue.
3. c) loss of savings or anticipated savings, interest or production.
4. d) loss of business or business benefits.
5. e) loss of contracts.
6. f) loss of opportunity or expectations.
7. g) loss of goodwill and/or reputation.
8. h) loss of marketing and/or public relations time and/or opportunities.
9. I) loss of data.
10. j) loss of management or office time.
10. j) loss of management or office time.
The Member hereby indemnifies ONLINE TRUCKING in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses arising as a result of any breach by the Member of these Terms, or of any claim or action brought in connection with the Delivery Service; any information the Member provides via the Platforms or any other communication with any other User; and/or infringement of Intellectual Property Rights or any right of a third party.
10.1 ONLINE TRUCKING and/or ONLINE TRUCKING’s licensors own all intellectual property rights in and to the Platforms.
10.2 ONLINE TRUCKING hereby grants the User a non-exclusive, non-transferrable limited license to use the intellectual property rights in the Platforms only for the purpose of using the Platforms in accordance with these Terms.
10.3 The User may print copies and download extracts of any page(s) from the Platforms for their personal reference and to draw the attention of others within their organization to material posted on the Platforms.
10.4 Save as otherwise expressly set out in these Terms, the User is expressly prohibited from:
1. a) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Platforms including without limitation, any information, articles, photographs, images or submissions made available to the User using the Platforms
2. b) removing, modifying, altering or using any registered or unregistered marks/logos/design owned by ONLINE TRUCKING and/or ONLINE TRUCKING’s licensors, and doing anything which may be seen to take unfair advantage of, or that may damage, the reputation and goodwill of ONLINE TRUCKING or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to ONLINE TRUCKING.
10.5 If a User prints off, copies or downloads any part of the Platforms in breach of these Terms, their right to use the Platforms will cease immediately and they must, at ONLINE TRUCKING’s request, return or destroy any copies they have made.
10.6 The Member hereby grants ONLINE TRUCKING a non-exclusive, perpetual, irrevocable, transferable, sub-licensable and royalty free license to process, edit, remove, and use all Reviews, Submissions and Accreditations (and any intellectual property rights therein) on the Platforms for any purpose whatsoever.
11.1 The Member and ONLINE TRUCKING shall comply with the Data Protection Laws.
11.2 For the purposes of this clause 11, ‘Data Protection Laws’ shall mean all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, including but not limited to the laws for Data Protection Regulation 2016/679 and all other successor legislation and regulations thereto.
11.4 If the Member uses the Platforms and services for the purpose of providing Delivery Services to or receiving Delivery Services from other users and send, receive or upload personal information into the Member’s member area, which ONLINE TRUCKING then stores it in its database, the Member will be the data controller of such personal data, and ONLINE TRUCKING will be a data processor of such personal data and will:
1. a) act strictly in accordance with the Member’s lawful and reasonable instructions (which may be received via their use of the Platforms and/or services) unless applicable law requires otherwise, in which case ONLINE TRUCKING shall inform the Member of that legal requirement before processing (unless that law prohibits such information on important grounds of public interest). ONLINE TRUCKING shall inform the Member if it becomes aware of an instruction by the Member that, in ONLINE TRUCKING’s opinion, infringes the Data Protection Laws.
2. b) ensure that its personnel that are authorized to process the personal data in connection with the provision of the Platforms and/or services, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
3. c) implement appropriate technical and organizational security measures to protect the personal data in accordance with Data Protection Laws.
4. d) enable the Member to access, rectify, erase, restrict and transmit any personal data processed by ONLINE TRUCKING on their behalf.
5. e) if a data subject requests information from ONLINE TRUCKING concerning the processing of personal data by a Member, promptly forward the request to the Member.
6. f) provide reasonable assistance to enable ONLINE TRUCKING to comply with the Member’s obligations under Data Protection Law, including using appropriate technical and organizational measures to assist the Member in responding to data subject access requests.
11.5 The Member acknowledges and accepts that any data subject to which the personal data relates may have the right to request the deletion of their personal data or information at any time and may request that ONLINE TRUCKING permanently delete all information and data held about that data subject from ONLINE TRUCKING’s systems. In the event that a data subject exercises its rights in this clause 12, ONLINE TRUCKING shall notify the Member and they shall promptly and permanently delete all personal data held about that data subject from ONLINE TRUCKING’s systems. In the event that the Member has not done so within a reasonable time, and has not notified ONLINE TRUCKING in writing of any requirement for ONLINE TRUCKING to retain the personal data, ONLINE TRUCKING reserves the right to remove such personal data and shall not be liable in any way for any loss or damage suffered by the Member arising from such data subject exercising their rights.
11.6 The Member shall ensure that their collection and use of any personal data, accessed through the Platforms and services, complies with the Data Protection Laws. The Member hereby indemnifies ONLINE TRUCKING against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the Member’s failure to comply with this clause.
11.7 The Member hereby acknowledges and agrees that personal data may be passed between ONLINE TRUCKING and the payment processor. It is the Member’s express instruction that ONLINE TRUCKING so provide such personal data to the payment processor.
11.8 Where ONLINE TRUCKING receives personal data from one or more payment processors in respect of which ONLINE TRUCKING reasonably believes that the Member is the data controller, the Member hereby instructs ONLINE TRUCKING to process such personal data on their behalf.
11.10 The Member acknowledges and agrees that, to the extent that the Data is owned by the Member, ONLINE TRUCKING may transmit, collect, maintain, process, and use the Data to provide the services described in the Platforms. Further, the Member acknowledges and agrees that ONLINE TRUCKING may use the Data, strictly in anonymized and aggregated form, for the purpose of improving the services that ONLINE TRUCKING offers, for analysis of routes and journeys and for the creation of reports. ONLINE TRUCKING may share any such anonymized and aggregated Data with third parties. The Member may opt-out of this by writing to ONLINE TRUCKING at the address set out in clause 1. If the Member opts out, then ONLINE TRUCKING will not be able to provide the Member with any services or products that rely on aggregated and anonymized data sharing within the Platforms.
If the Member chooses, or is provided with a user identification code, password or any other piece of information as part of ONLINE TRUCKING’s security procedures, the Member must treat such information as confidential, and they must not disclose it to any third party. ONLINE TRUCKING has the right to disable any user identification code or password, whether chosen by the Member or allocated by ONLINE TRUCKING, at any time, if in ONLINE TRUCKING’s opinion the Member has failed to comply with any of the provisions of these Terms. The Member agrees that they shall not use identification codes or passwords of another person or entity without ONLINE TRUCKING’s permission.
Whilst ONLINE TRUCKING agrees to keep confidential any information of the Member which is, or should by its very nature be, treated as confidential, in the event that ONLINE TRUCKING is required to disclose such information in accordance with law or regulatory authority, ONLINE TRUCKING shall not be prevented by clause 12 or this clause 13 from doing so.
All notices given by the Member to ONLINE TRUCKING must be given to ONLINE TRUCKING using the contact details set out in the Platforms. ONLINE TRUCKING shall give notice to the Member by posting details on the Platforms, by using the mobile phone number, e-mail or postal address the Member provided on registration, or such other e-mail or postal address as the Member notifies to ONLINE TRUCKING in writing from time to time. By continuing to use the Platforms, the Member agrees to ONLINE TRUCKING notifying them by SMS, email or post using the contact details the Member has submitted to us for the purposes for which you have granted ONLINE TRUCKING.
In respect of notifications via SMS for two factor authentication to allow the Member to log into the Platforms securely, this is necessary to protect the Member’s account and the security of the Platforms and is in ONLINE TRUCKING’s legitimate interests to do so and part of its legal obligations to the Member to keep its data secure.
Notice will be deemed received and properly served immediately when posted on the Platforms, 24 hours after an SMS or e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.1 These Terms and any document expressly referred to in them constitute the whole terms between the Member and ONLINE TRUCKING and supersede any previous arrangement, understanding or terms between the Member and ONLINE TRUCKING relating to the subject matter of these Terms. Each party acknowledges that, in entering into these Terms, (and the documents referred to in it), neither of them has relied on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to these Terms or not) other than as expressly set out in these Terms.
15.2 Each party agrees that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
ONLINE TRUCKING may amend these Terms at any time on the provision of notice in writing or via publication of the updated Terms on the Platforms. The Member’s continued use of the Platforms (whether wholly or partly) shall be deemed as their acceptance of such change(s) in respect of the updated or revised Terms. If the Member does not agree with the changes to these Terms, they may terminate their agreement with ONLINE TRUCKING by notice in writing or by email.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Laws of Islamic Republic of Pakistan. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Islamic Republic of Pakistan.
18.1 If ONLINE TRUCKING fails at any time to insist upon strict performance of the Member’s obligations under these Terms, or if ONLINE TRUCKING fails to exercise any of the rights or remedies to which ONLINE TRUCKING is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Member from compliance with such obligations. A waiver by ONLINE TRUCKING of any default shall not constitute a waiver of any subsequent default. No waiver by ONLINE TRUCKING of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Member in writing.
18.2 ONLINE TRUCKING reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of ONLINE TRUCKING’s obligations under these Terms.
19.1 The Carrier is responsible for performing the Delivery Services from collection to delivery services.
19.2 Loading and unloading process.
19.3 Use the platform to generate more work.
19.4 Online trucking will provide collection and delivery address to 6 local drivers to bid against each other to provide their best possible quotes, online trucking will dispatch the driver. Member who provide the best quote in order to secure the job. The member/driver will pay 15% commission out of the total sales to Online trucking PVT, Online trucking.
19.5 Drivers/member must take POD(Proof of delivery from customers).
20.1 All information uploaded onto the Platforms by the Carrier shall be in the format required by ONLINE TRUCKING and shall relate strictly and solely to the Delivery Services.
20.2 The Carrier shall comply with all policies and guidelines of ONLINE TRUCKING. ONLINE TRUCKING’s policies can be found in the help center of the Platforms or otherwise as provided to the Carrier in writing. ONLINE TRUCKING may make amends to these policies from time to time and notice of such amends will be provided via the Platforms.
20.3 The Carrier is strictly prohibited from:
1. a) providing their contact information during their performance of the Delivery Services unless otherwise formally authorized by the company to communicate directly with any specified stakeholder associated with the completion of the Delivery Service
2. b) co-loading between carriers without each carrier’s permission
3. c) Holding goods to ransom.
20.4 The Carrier shall not conduct any direct marketing using any information (which, for the avoidance of doubt, shall include all email addresses and telephone numbers) that came into the Carrier’s possession through the Carrier’s use of and activities on the Platforms, nor will the Carrier disclose such personal information to any third party without ONLINE TRUCKING’s express written consent. Furthermore the Carrier shall not include in any information uploaded to the Platforms or any other communication with outside the Platforms, nor any advertising for any product or service other than the Carrier’s Delivery Services.
21.1 The Carrier hereby warrants, represents and guarantees that the Carrier has the right to promote, sell and distribute its Delivery Service(s).
21.2 The Carrier warrants, represents and guarantees that the Carrier shall comply with all applicable legislation in respect of the service information and that the service information shall not infringe any intellectual property rights, or any other rights of any third party.
In the event of termination of this agreement or suspension or termination of the Carrier’s access to the Platforms, the Carrier shall fulfil all Bookings placed with the Carrier through the Platforms on or before the date of termination or suspension.
If the carrier in any way behaves un-ethically can have their accounts suspended until the customer complain is resolved.
If the carrier uses the personal details of the customer other than the business purpose and is involved in rude or offensive behavior, they will get their contracts cancelled and Online Trucking will take legal actions against such carriers.