Terms and Conditions
Last update: 18 December, 2018
PLEASE READ THESE TERMS CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND OBLIGATIONS WHEN ACCESSING TO OR USING THE TRUCKNET PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS TO OR USE THE TRUCKNET PLATFORM.
- Acceptance of Terms
1.1. These Terms of Use (“Terms“) are a legally binding agreement between Trucknet France (“Trucknet“, also referred to as “We”), and any person visiting and/or using the Trucknet Platform accessible by the website https://app.sandbox.trucknet.io and the Trucknet application for mobile, tablet and other smart devices available on the Apple App Store and Google App Store.
1.2. By accessing and/or using the Trucknet Platform, you acknowledge that you have read and understood and you agree to be bound by these Terms, whether or not you have registered with us to become a User (as defined further).
1.3. When you become a User and each time you conclude a transaction through the Trucknet Platform thereafter, we will ask you to agree to these Terms by clicking “Sign Up”. Please note that you will not be able to use the Trucknet Platform if you do not agree to these Terms.
1.4. You declare that by acceptance of these Terms and/or by using the Trucknet Platform you are 18 or older and that you have the legal capacity to contract with Trucknet. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
- Description of Trucknet Platform and Areas of Responsibility
2.1. The Trucknet Platform is a cloud based transport optimization platform that utilizes smart freight exchange to improve efficiency and profitability while reducing environmental impact. It enables connection between registered users acting either as carriers having goods transport capacities (“Transportation Providers“) or as carriers having a need to transfer goods (“Shippers“) (Shippers and Transportation Providers will be collectively referred to herein as “Users” or “You”).
2.2. The Trucknet Platform is reserved to businesses acting for purposes within their commercial, industrial, artisanal or liberal activity. It does not addresses individuals acting for personal/non professional purposes.
2.3. Subject to their prior registration, the Trucknet Platform allows Users to provide and request goods transportation services (“Services“) as follows:
a) Transportation Providers can post their availabilities for rides (“Offers“) and Shippers can post their transport requests (“Requests“), using the tools of the Trucknet Platform and providing all necessary details, such as the location of the goods, the final destination, a description of the goods to be transported including weight and dimensions, the size of the available truck, the itinerary and any other relevant information.
b) The Trucknet Platform enables Users to consult Offers and Requests and automatically selects matching Offers and Requests.
c) Once the Shipper has selected a proposed ride, it will liaise directly with the corresponding Transportation Provider through the communication channels available of the Trucknet Platform, in order to agree on the price and the terms and conditions of the transport.
d) The transport agreement will be formed directly between the Shipper making the Request and the Transportation Provider accepting the Request, through the Trucknet Platform, under the terms and conditions of the Transportation Provider to be approved and signed electronically by the Shipper.
e) Payment will occur as set forth in section 7 below.
f) Dashboards and reporting tools will be available to each User on the Trucknet Platform.
2.4. As stated above, Trucknet makes available an online platform for Shippers and Transportation Providers to connect and arrange for goods transportation directly with each other. Trucknet’s responsibilities are limited to facilitating the connection between Shippers and Transportation Providers.
2.5. Trucknet is not an owner of trucks or a transportation provider and Trucknet does not sell, provide, manage or control any transportation services.
2.6. YOU UNDERSTAND AND AGREE THAT TRUCKNET IS NOT A PARTY TO ANY AGREEMENT MADE BETWEEN A SHIPPER AND A TRANSPORTATION PROVIDER. Accordingly, Trucknet shall have no responsibility or liability in relation to the transport agreements concluded directly between the Users through the Trucknet Platform. Such an agreement is the responsibility of the Transportation Provider and Shipper only. . In particular and without limitation, Trucknet excludes any liability in relation to the conditions under which the transport will be carried out and any damage or loss of the goods.
2.7. Trucknet does not control the conditions, lawfulness or suitability of the transport carried-out by the Transportation Providers. Trucknet is not responsible for and disclaims any and all liabilities related to the Requests and the transport. All transactions are made between the Users directly, at their own risks and under their own responsibility.
2.8. Trucknet shall not assume any responsibility for any information provided by the Users, its integrity, accuracy and/or reliability. Trucknet makes no representation or warranty whatsoever as to success of a User on the Trucknet Platform for the number of clients or amount of business, or the willingness or ability of Users to pay.
- Access to the Trucknet Platform
3.1. It is your responsibility to ensure that your computer or mobile device meets all the necessary technical specifications to enable you to access and use the Trucknet Platform. Trucknet does not provide you with the equipment to access and/or use the Trucknet Platform. You are responsible for all fees charged by third parties related to your access and use of the Trucknet Platform (e.g., charges by Internet service providers or air time charges).
3.2. Due to the nature of the Internet, Trucknet cannot guarantee the continuous availability of the Trucknet Platform. You acknowledge and agree that the Trucknet Platform or certain areas or features thereof may sometimes be unavailable due to capacity limits, security or integrity of our servers or maintenance operations necessary ensure the proper or improved functioning of the Trucknet Platform.
3.3. If you access or download the Trucknet Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. If you access or download the Trucknet Application from the Google App Store, you agree to Google Play terms of Service.
3.4. Some areas of the Trucknet Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
- Opening an Account
4.1. You may access the website https://app.sandbox.trucknet.io without creating an account. However, in order to use the Trucknet Platform either as a Shipper or as a Transportation Provider, you must first open a user account with us (an “Account“): you may not see and post Offers or Requests, or provide or receive Services unless and until your Account is effective.
4.2. To open an Account, you must complete the subscription form available on the Trucknet Platform and provide all required information.
4.3. You agree that you must supply accurate and complete information to us, and that you will update that information promptly after it changes.
4.4. Any personal information you provide to us when creating or updating your Account will be held and used in accordance with Trucknet’s Privacy Policy. Please read carefully our Privacy Policy and do not register as a User if you do not agree with its terms.
4.5. You represent and warrant that you have full right and authority to provide Trucknet with the foregoing information, including, without limitation, information regarding the qualifications authorizing you to provide and/or receive the Services, as applicable.
4.6. Trucknet takes no responsibility for examining the truthfulness or accuracy of the details in Users personal profile, credentials, qualifications, or any Users postings or transmissions.
- Login Information
During the process of creating your Account, you are required to select a user name and a password or to allow us to access your Account information from a social network service (the “Login Information“). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any Account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service:
5.1. You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account;
5.2. In the event You become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Trucknet and modify your Login Information;
5.3. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by You;
5.4. You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;
5.5. You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or receiving the Service, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Service by any of the above mentioned;
5.6. Trucknet reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
- General Warranties and Commitments of the Users
Notwithstanding any other warranties, obligations and commitments imposed on Users by these Terms, by registering as a User and using the Trucknet Platform, you represent and warrant, and agree to the following:
6.1. Terms applicable to all Users
a) You act for a business entity that makes use of Trucknet Platform > for itself.
b) You have the authority to legally bind the entity you represent and > to grant us all permissions and licenses provided in these Terms.
c) You will provide correct and accurate representation of skills, > degrees, qualifications, background and other information on the > Trucknet Platform and will maintain and update all such > information at all times.
d) You shall not attempt to circumvent the online booking system of the > Trucknet Platform to conclude directly with another User.
e) You shall not use the Trucknet Platform for any other purpose than > the purpose for which it is intended and proposed to you.
f) You shall comply at all times with these Terms and Trucknet’s > Privacy Policy.
g) You are solely liable for complying with all applicable laws, > regulations and other obligations imposed on you in your use of > the Trucknet Platform.
6.2. Terms applicable to Transportation Providers
a) You possess the resources, capacities and experience that are > necessary to propose and provide the Services, in a professional, > safe and reliable way.
b) You have all rights, permits, licenses, authorisations and other > documents required by applicable laws, rules and regulations to > propose and provide the Services in the territory where they will > be provided.
c) You shall not perform the Services in any jurisdiction where you are > not authorized or licensed or in good standing to do so.
d) You will only assign to the provision of the Services personnel with > required qualifications, experience and skills, holding a valid > driver license.
e) You will only use authorized vehicles, conform to all required > norms, licenses and authorisations in providing the Services.
f) You have subscribed to the necessary insurance policy(ies) in order > to cover your potential risks and liability in the framework of > the provision of the Services, and such insurances are effective > at the time of providing the Services.
g) You will publish Offers that faithfully and accurately reflect your > transport availabilities.
h) You are solely responsible for setting a price for the provision of > the Services (including any applicable taxes).
i) You are solely responsible for setting the terms and conditions > applicable to the transport of the Shippers’ goods and for > ensuring that these terms and conditions comply with all > applicable laws and regulations.
j) You will provide the Services in compliance with these Terms and the > terms and conditions that have been agreed upon with the Shipper.
6.3. Terms applicable to Shippers
a) You will publish Requests that faithfully and accurately reflect > your transport needs; you are solely responsible for the content > the Requests you post and you warrant that you will provide > accurate, up-to-date and complete information.
b) You have all rights, permits, licenses, authorisations and other > documents required by applicable laws, rules and regulations, to > request and receive the Services in the territory where you > request their provision.
c) You have subscribed to the necessary insurance policy(ies) in order > to cover your potential risks and liability in the framework of > receiving the Services from the Transportation Providers, > including without limitation, in respect of the transported goods.
d) You will use the Services in compliance with these Terms and the > terms and conditions agreed upon with the Transportation Provider > you have chosen and you will pay the agreed price.
- Payment of the Services
7.1. Once a Shipper and a Transportation Provider have agreed on the price and the terms and conditions of the transport, the Shipper will proceed to payment of the ride.
7.2. The Shipper will be forwarded to Trucknet’s bank’s (credit company’s) website/landing page (the “Bank“) where the payment procedure will take place.
7.3. The payment will occur directly to the Bank, in accordance with the terms and conditions of the Bank, as displayed on its website. You agree: (i) that the services of the Bank will be used to process transactions concluded on the Trucknet Platform; (ii) to review and be bound by the Bank’s terms of use and privacy policy; (iii) to only provide valid and current information for yourself; and (iv) except as expressly set forth herein (or any applicable usage rules), that all payments made are final and non-refundable. In addition, note that the Bank may charge a standard fee per each transaction, which will be borne by you. Such fees can vary and change in accordance with your country of residence and are subject to the Bank’s terms and conditions.
7.4. Once the payment procedure is achieved on the Bank’s website, the Shipper will receive a confirmation number.
7.5. Without derogating from the foregoing, you are strictly forbidden from collecting money and/or contributing money using the Trucknet Platform and/or providing the Services in any manner that does not fully comply with the laws of the country in which you are resident or from which you use the Trucknet Platform, even if such collection and/or contribution can be technically affected on the Trucknet Platform or the Services.
- Trucknet Fees
In consideration for the use of the Trucknet Platform, Trucknet will receive a 5% fee of the paid amount for each transaction concluded between Users on the Trucknet Platform. Trucknet reserves the right to modify the amount of its commission in the future. In such case, we will proceed as mentioned in section 15 below. Trucknet reserves the right to sign an additional contract with User to modify the amount of its commission for the subcontractor requests created by this User.
- User Content
9.1. Through your use of the Trucknet Platform and the communication channels made available to you as a User (such as forums, communities or chat areas), you may publish, post, upload, transmit or otherwise make available some information or material, including without limitation data, text, graphics, photographs, videos or other materials (“User Content“), which may be accessible and viewed by other Users. Your User Content includes, without limitation, the advices you post on the other Users (see article 10 below), your profile information and your Offers and Requests.
9.2. You agree that you are publishing any User Content willingly and that you are solely responsible for all User Content that you make available on or through the Trucknet Platform.
9.3. You represent and warrant that (i) you own your User Content and all related intellectual property rights, or (ii) you have received all the necessary rights, consents or authorizations from third parties in order to publish said content on the Trucknet Platform and make it available to other Users and to Trucknet in accordance with these Terms. Accordingly, you represent and warrant that all or part of your User Content will not infringe, misappropriate or violate any third party’s (i) intellectual property rights, including without limitation copyright, (ii) rights of publicity or privacy, (iii) advertisements, including banner exchange services or any information or material that is not connected to the Services.
9.4. You shall not publish, post, upload transmit or otherwise make available on or trough the Trucknet Platform any User Content that would (i) be fraudulent, false, misleading or deceptive, (ii) be unlawful, abusive, offensive, defamatory, obscene, pornographic, racist, profane, or indecent, (iii) promote discrimination, racism, hatred, violence, harassment or harm against any individual or group, (iv) would include personal information of someone or breach privacy; (v) promote illegal or harmful activities or substances, (vi) include confidential, protected or privileged information or documents, (vii) introduce software viruses, trojan horses, worms or any other malicious application, (viii) violate these Terms or Trucknet Privacy Policy, or (ix) otherwise result in the violation of any applicable law or regulation.
9.5. Trucknet only acts as a content host does not regulate, monitor or otherwise control User Content. Trucknet provides no representations or guarantees of any kind regarding the accuracy, reliability, quality, lawfulness or integrity of any User Content posted via the Trucknet Platform. By using the Trucknet Platform, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Trucknet shall not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content.
9.6. Nonetheless, Trucknet reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, disable or permanently delete any User Content from the Trucknet Platform with or without notice, that Trucknet finds to be in violation of these Terms, of Trucknet Privacy Policy or otherwise may be harmful or objectionable to Trucknet, the Users or third parties. You hereby agree that, to the maximum extent permitted by applicable law, Trucknet shall at no time be responsible or held liable for the removal or blocking of User Content.
9.7. If you find any User Content that would breach intellectual property rights, harm you or any third party, be obviously illicit or violate these Terms, you can notify us. We will act to promptly remove or make unavailable such User Content when duly notified.
9.8. Trucknet does not claim ownership User Content and each User remain the sole owner of its User Content. However, by posting or transmitting User Content on or through the Trucknet Platform, you grant Trucknet a non-exclusive, royalty-free, license to exploit your User Content. Such license is granted on a worldwide basis and for the term during which your Account is effective plus a period of six (6) months afterwards, unless you agree to a longer period at the time of terminating your Account. The license granted includes the right to (i) reproduce, edit, publish, display, post or otherwise disclose all or part of the User Content on the Trucknet Platform and on all digital media, now known or hereafter created, for the purposes set forth in the Trucknet Platform and these Terms, associating such User Content with your user information andor user name, and for storage and back-up purposes, and (ii) translate in all languages, adapt, arrange or modify the User Content for the purpose of making it compatible with the graphic charter of the Trucknet Platform, its performances, format and other technical or visual requirements.
9.9. You acknowledge and agree that your User Content will be available to all other Users.
9.10. You may request that Trucknet delete and make no further use of your User Content by contacting us at [email protected]
9.11. The rights granted to Trucknet on your User Content shall in no event transfer any liability to Trucknet in this respect.
- Ratings
10.1. You may post an advice on the other Users, provided that you have received Services to them or provided Services to them, using the 5-stars ranking system available on the Trucknet Platform.
10.2. Any such advices are displayed on the Trucknet Platform and accessible to other Users.
10.3. When posting an advice, you must comply with the provisions of article 9 above in relation to User Content. Any use of the advice option in breach of these Terms, as well as abusive, unfair or illegal use, may result in the immediate termination of your Account, without prejudice of other actions or claims.
10.4. Trucknet reserves the right, but shall be under no obligation, to refuse posting or to delete any advice which it considers would breach these Terms.
10.5. You shall not take any actions that may undermine, disrupt or manipulate the integrity of the Users feedback (rating) system on the Trucknet Platform.
- Intellectual Property Rights
11.1. Trucknet and/or its affiliates and/or their licensors retains the ownership and all rights, title and interest, including without limitation all copyrights, rights in trademarks and other intellectual property rights, in the Trucknet Platform and in any materials made available on or through the Trucknet Platform, including, but not limited to, dashboards and reporting tools and tables, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement (the “Trucknet Content“).
11.2. Except as expressly mentioned in these Terms, you acknowledge and agree that you do not obtain or acquire any right in the Trucknet Platform and the Trucknet Content by using the Trucknet Platform or by accessing any of the Trucknet Content, or rights to any derivative works thereof. You shall not, nor shall you cause any other party, to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell the Trucknet Content, in any form or by any means, in whole or in part, or use it for any purpose other than using the Trucknet Platform pursuant to these Terms, or otherwise exploit any of the Trucknet Content without Trucknet’s explicit, prior written permission. You shall not remove or alter any copyright, trademark or other proprietary notice incorporated in the Trucknet Platform. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as severe penalties. The foregoing shall not apply to your own User Content.
11.3. Subject to your agreement and compliance with these Terms, Trucknet grants you a personal, non-exclusive, non-transferable, non-sub-licensable, revocable, limited scope license to use the Trucknet Platform. Use of the Trucknet Platform shall be solely for your own purposes as set forth herein and for no other purpose whatsoever.
11.4. You hereby acknowledge that your license to use is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use shall immediately terminate, and you shall immediately refrain from using the Trucknet Platform.
- Account Termination
12.1. You may terminate your Account at any time by connecting to your profile or by sending us an email at [email protected]. When cancelling your Account, the following will apply:
a) If you are a Shipper, any Request you posted will be deleted from the Trucknet Platform and any Request you made that has been accepted by a Transportation Provider will be automatically cancelled and you may obtain a refund depending on the terms and conditions already agreed with the Transportation Provider.
b) If you are a Transportation Provider, any Offer you posted will be deleted from the Trucknet Platform and any Request from a Shipper that you have accepted will be automatically cancelled and the Shipper will receive a full refund of the fees paid to you.
12.3. Trucknet may terminate your Account at any time, without prior notice, in case of (i) breach of these Terms or Trucknet’s Privacy Policy, (ii) illegal or improper use of your Account, (iv) illegal or improper use of the Trucknet Platform, the Trucknet Content or a User Content, or (v) Users complaints of not providing the Services or for providing them in violation of applicable laws or for not complying with the agreed terms for providing or receiving the Services.
12.4. In the event Trucknet has reasonable grounds to suspect any or the activities mentioned in 12.3 above, Trucknet reserves the right to suspend the access to your Account and your use of the Trucknet Platform and ask you some precisions or remedial actions. If you do not comply with our request within a reasonable period of time, we will terminate your Account pursuant to section 12.3 above.
12.5. In the event that Trucknet terminates your Account, You may not use any part of the Trucknet Platform again without Trucknet’s express permission. If you believe that any action has been taken against your Account in error, please contact us at [email protected].
- Disclaimer of Warranty
You agree that your use of the Trucknet Platform is at your sole risk.
The Trucknet Platform is provided “as is” and Trucknet makes no warranties or representations of any kind in relation to your use of the Trucknet Platform and, as far as permitted by applicable laws, Trucknet excludes any and all liabilities in relation to the Trucknet Platform and its use by the Users.
13.1 In particular, and without limitation, Trucknet makes no warranties or representations and exclude any liability in relation to:
a) The behaviour of the Users on the Trucknet Platform and any User Content, including without limitation errors, mistakes, inaccuracies, non-suitability, unlawfulness, ommissions or non-conformity of such User Content;
b) Dissatisfaction from the suitability of the Trucknet Platform for the specific purposes of the User;
c) Any unavailability of the Trucknet Platform and any interruption or cessation of transmission to or from the Trucknet Platform; although Trucknet will try to maintain the availability of the Trucknet Platform 24/7, access and use of the Trucknet Platform may be interrupted for technical reasons, maintenance, updates or as a result of failure, breakdown or restrictions of the network;
d) Any cyber attacks, bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Trucknet Platform by any third party;
e) Any damage whatsoever, including but not limited to delays, delivery errors and wrongful or fraudulent use of the Services or the Trucknet Platform.
13.2 As previously mentioned Trucknet does not intervene in the relationships between Users and disclaims all liabilities in this respect. In particular, and without limitation, Trucknet makes no warranties or representations and exclude any liability in relation to:
a) The provision of the Services and the conditions in which they are provided;
b) The goods transported by the Transportation Provider;
c) Any damage or loss of the transported goods;
d) The agreements concluded between Users;
e) Disputes between Users.
13.3 You agree to release Trucknet from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of the following:
a) Your use of and access to the Trucknet Platform;
b) Your violation of any term of these Terms;
c) Your violation of any laws, rules or regulations governing your use of the Trucknet Platform and/or the provision of the Services
d) Your violation of any third party right, including without limitation any contract infringements, copyright, property, or privacy right;
e) Any claim that your provision of the Services has caused damage to another User or a third party; or
f) Any User Content you post or share on or through the Trucknet Platform.
- Links, Search Engines
The Service may contain links to other websites or resources (“Linked Sites“). The Linked Sites are not under the control of Trucknet and Trucknet is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Trucknet is not responsible for webcasting or any other form of transmission received from any Linked Site. You acknowledge and agree that Trucknet will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- Changes in Trucknet Platform; Changes in these Terms
You agree that Trucknet may change any part of the Trucknet Platform, including its content, at any time or discontinue it or any part thereof, for any reason, without notice to you and without liability.
You agree that Trucknet may change these Terms or any part of thereof, at any time, including without limitation for the purpose of adapting them to any technological or commercial change and to comply with applicable laws and regulations. Any such modification will be published directly on the Trucknet Platform. If such change somehow affects your rights, obligations or liabilities under these Terms, we will notify you by email, using your registered email address. By continuing to access or use the Trucknet Platform and our services, following such notice, you agree to be bound by the revised Terms. In other cases we may request your refreshed consent to the Terms.
If you do not agree to the Terms, your only remedy is to discontinue your use of the Trucknet Platform and to cancel any Account(s) (as defined below) you have created for the use of the Trucknet Platform.
- Data Protection and Privacy
Trucknet complies with the applicable French and European law on the protection of personal data, and, in particular, the European General Regulation on the Protection of Personal Data n°2016/679 of April 27th, 2016.
Transportation Providers provide to Trucknet with the following data, relating either to their managers and/or to the drivers of the trucks, as being part of the User Content: name, contact details, working position, photography, ID number of the drivers, localization of drivers, date of birth of the drivers, works since (date) of the drivers, driving license number of the drivers, driving license categories (A/B/C/D) of the drivers, driving license date of issue of the drivers, driving license expiration date of the drivers (the “Information“), which will be made available on Trucknet Platform in order for the Shippers to follow the goods. Transportation Providers are solely responsible for all the Information communicated and available through the Trucknet Platform. Transportation Providers represent and warrant that they have been granted all the necessary rights, consents or authorizations from drivers in order to publish the Information on the Trucknet Platform and make it available to other Users and to Trucknet in accordance with these Terms and that all or part of the Information will not infringe, misappropriate or violate any third party’s rights of privacy. The Information are stored by Amazon Web Services, Inc in Ireland for the time of the relationship with the Transportation Providers. Trucknet will not make any use of such Information. Transportation Providers can exercise its rights regarding the Information (access, rectify, delete, object, limit the process of your data and/or request the data portability) at any time and for free by sending us a written message by email to: [email protected].
Trucknet in its capacity of data controller collects contact details of the Users (ie: name and contact details and working position of the physical person of the User) for the use of the Trucknet Platform. You can exercise at any time and for free your right to access, rectify, delete, object, limit the process of your data and/or request the data portability by sending us a written message by email to: [email protected].
We employ third party companies to facilitate the operation of the Trucknet Platform, and to perform services related to administration of the Trucknet Platform (including bill and credit card payment processing, maintenance, hosting and database management services, web analytics and administration) which may include your data. Those third parties are located inside the European Union and we ensure that they guarantee the same level of data protection as that offered to them by us and requires contractual guarantees so that the data are exclusively processed for the purposes you have previously accepted. We implement reasonable administrative, organizational and technical safeguards and security measures to protect data from unauthorized access, disclosure, destruction or alteration, accidental loss, misuse or damage. We regularly review and monitor such safeguards and security measures.”
- Notices
Notices to you may be made via the Trucknet Platform, text messages, and/or e-mail. Trucknet may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Trucknet Platform. You agree that all agreements, notices, disclosures and any other communications that Trucknet provide as aforementioned satisfy any legal requirement that such communications be in writing.
- Independent Contractors
Trucknet and Users are each independent contractors. This Agreement does not create a joint venture, partnership, principal-agent or employment relationship between the parties.
- Collected
The collection of the funds raised is carried out by ARABOR, a collection company of the CLAMAË GROUP group, a regulated profession authorised to collect funds on behalf of third parties. In this specific case, the acceptance of these terms and conditions is equivalent to giving ARABOR the mandate to collect funds belonging to the subscriber and coming from its debtor customers.
To enable SSP to transfer the amount of debits collected on its behalf, the subscriber undertakes to communicate its bank details to SSP, and in the event of a change in these details, to inform SSP.
- Guarantee
TRUCKNET offers the “guarantee” service of the transaction operated by Score & Secure Payment Company, hereinafter referred to as SSP. The service of providing compensation for the receivable in the context of an unpaid SEPA direct debit rejected by the bank and having previously obtained a validation number is called “guarantee”. The service applies to all withdrawals made from an approved banking institution established in Metropolitan France and in the DROM-COMs.
To do this, SSP must collect directly the debtor’s identification data and IBAN, issued by the debtor to pay for its purchases by SEPA direct debit. TRUCKNET secures and electronically transmits this data in real time to SSP’s decision-making systems. SSP then returns electronically in real time the response to the guarantee request, which takes the form of either a Guarantee Agreement materialized by a validation number or a Refusal.
As soon as the debtor’s identification data and IBAN are attached to the request for security of the debit, and a guarantee agreement has been issued by SSP, the transaction is eligible for compensation in the event of non-payment. If the latter is rejected for lack of provision, it will automatically be repeated twice in a row before being eligible for compensation within 35 days of the date of the last rejection. By validating this agreement, the Carrier gives its consent to ARABOR to withdraw unpaid invoices from the bank account attached to the IBAN communicated at the time of registration before SSP compensates it. Under these conditions, SSP undertakes to reimburse the unpaid levies wrongly validated, regardless of the reason for rejection, with the exception of the following exclusion: commercial dispute.
By accepting these conditions, the subscriber subrogates SSP in all its rights, actions and guarantees with respect to each indemnified levy, SSP becoming the full owner of the indemnified claim against the Carrier.
To enable SSP to transfer the amount of the compensated debits, the Carrier undertakes to communicate to SSP its bank details, and in the event of a change in these details, to inform SSP.
- Governing Law and Dispute Resolution
21.1. These Terms are exclusively governed by the laws of France.
21.2. Any claim or dispute between you and Trucknet that arises in whole or in part from your use of the Trucknet Platform shall be decided exclusively by a court of competent jurisdiction located in Paris, France, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Paris, France.
For any questions about these Terms or any other issue regarding Trucknet or the Trucknet Platform please contact us at [email protected].
All rights reserved, Trucknet France