“Truckoom Transports Agency L.L.C. maintains the website ("www.truckoom.com"). The following terms and conditions (“Terms and Conditions”) regulate your use of the services offered by" Truckoom consisting of a website and related mobile applications and services managed and operated by "Truckoom”
This Agreement sets forth the terms for use of the Service by Carriers & Shippers, including the terms governing transportation services provided by Carriers. By signing up and registering with Truckoom or by accessing or using the Service, you are accepting this Agreement, on behalf of yourself or the company, entity or organization that you represent, and warrant that you have the right, authority, and capacity to enter into this Agreement. You shall not register as a User of the website, shall not transact, use the Service or website or accept this Agreement. If you do not agree to these Terms and are Minor/under the age of 18. Please read this Agreement carefully before using the Service. Use of the Service is conditioned on your agreement to all of the terms and conditions contained in the Agreement, including the policies and terms linked to or otherwise referenced in the Agreement, all of which are hereby incorporated into the Agreement. Truckoom may amend the Terms related to the Services from time to time. Amendments will be effective upon Truckoom’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Truckoom’s Privacy Policy. Truckoom may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
Truckoom provides an online and mobile platform (“Service”) to connect Shippers with Carriers (individuals or companies) for the transportation of cargo whereby Shippers can submit a request for the transportation of cargo (“Shipment”). Carriers can accept such requests, and both Shippers and Carriers can track such requests. The Service includes access to all applications, content and downloads offered by Truckoom, including the website, Mobile App, and associated user content. Truckoom does not assess the suitability, legality, regulatory compliance, quality or ability of any shipper or shipped items scheduled through the use of the Service, and Truckoom makes no warranty regarding the same. You acknowledge that Truckoom does not provide any services itself, and that all transportation or services are provided by independent third party contractors who are not employed by Truckoom or any of its affiliates. Truckoom maintains records of the independent third party contractors for verification of identity, business activities and contact. Truckoom also provides performance standards and encourages independent third party contractors to comply with performance standards. You acknowledge that you are bound by the services terms and conditions and performance standards of the third party contractors for the provision of such services.
Subject to your compliance with these Terms, Truckoom grants you a limited, non-exclusive, non-sub licensable, revocable, non- transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use; and (iii) access and use the website interface and Applications on employer’s devices solely in connection with your use of the Services and in compliance with the employer’s policies. Any rights not expressly granted herein are reserved by Truckoom and Truckoom’s licensors. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Truckoom; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) 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 Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
In order to use most aspects of the Services, User must register for and maintain an active user Services account (“Account”). Account registration requires the submission to Truckoom of certain information Truckoom deems necessary in its sole and absolute discretion, including without limitation the User’s trade name, trade license, Driving License, Emirates ID, email address and mobile phone number etc. User agrees to maintain accurate, complete, and up- to-date information in its Account. User’s failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services. User is responsible for all activity that occurs under its Account, and User agrees to maintain the security and secrecy of its Account username and password at all times. User agrees to maintain accurate, complete, and up- to-date information in your Account. Users failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in Users inability to access and use the Services or Truckoom termination of these Terms with you. Users are responsible for all activity that occurs under their Account, and User is responsible for maintaining the confidentiality of his account.
User may not authorize third parties to use its Account except for its Subsidiaries. User may not assign or otherwise transfer its Account to any other person or entity; but multiple people can use the same account on behalf of User and its Subsidiaries provided they are permitted to do so as per the company’s policies and procedures. User agrees to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). User is responsible for obtaining the data network access necessary to use the Application. User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application and any updates thereto. Truckoom does not guarantee that the Application, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Coordination of the move and transit including obtaining necessary permissions and no- objections from housing associations, regulatory authorities, community management, building management and security services, traffic authorities and any other groups; for both moving-out and moving-in times.
User must have all necessary packaging material available in adequate quantity before the time of the move.
User must maintain all obligations to supervise works as necessary and suitable to their consignment. User is responsible to ensure adequate arrangements are made for loading and unloading
Truckoom rates and estimates are for services confirmed in its quote or emails only; and do not include for any tolls, taxes, third party fees, parking fees and charges imposed by third parties on the transportation services and other services rendered to the user
Client may from time to time send requests through the Application or through other means of communication for transportation of their goods. Such request will specify (i) the number and type of truck(s) required; (ii) the date and time on which the truck(s) are required; (iii) the place for pickup of the goods and the destination for the goods. Upon receipt of such request, Truckoom shall provide Client within a reasonable period of time with a quotation for the desired transportation. Such quotation shall include the price for the desired transportation services and additional term (if any). Client will either confirm or reject the quotation by replying to Truckoom.
The Parties acknowledge that Truckoom does not provide the transportation services directly and the Services for which Truckoom provides a quotation, shall be executed by a third party Logistic Company or an individual driver. With the acceptance of the afore mentioned quotation, the binding agreement for the Services shall be formed and closed between the respective Logistic Company or an independent driver and Client on the terms as outlined by Truckoom in the quotation, including these Terms and Conditions, and/or such additional terms which the Logistic Company may apply.
You agree that you are responsible for the collection and/or payment of all taxes, which you may be liable for in any jurisdiction arising from your use of the Service. Truckoom is not responsible for collecting, reporting, paying, or remitting to you any such taxes.
Carrier shall look solely to Truckoom for payment of freight charges hereunder. You hereby waive any right you may otherwise have to proceed or commence any action against any Shipper for the collection of any freight bills arising out of transportation services hereunder. Furthermore, Carrier waives any and all lien rights with respect to any Shipment and if any lien is claimed with respect to any such Shipment by Carrier or a third party to which Carrier tenders such Shipment, Carrier shall immediately take such action as is necessary to satisfy such lien.
For each Shipment, Shipper will pay Truckoom the freight charge quoted to the Shipper upon acceptance of the applicable Shipment on the Service (“Carrier Fee”), as well as additional amounts, if any, paid by the Shipper for additional services provided by Carrier with respect to a Shipment.
Truckoom shall issue invoice(s) for executed transportation services, which have been arranged through the Application pursuant to this Agreement. Upon receipt of relevant invoice(s) Client shall clear and arrange payment of due invoices within 30 calendar days.
You agree that any returned payment may be subject to a returned payment fee. Prices are subject to change upon notice. Truckoom reserves the right to deny service to anyone at its sole discretion and to cancel service upon reasonable notice and/or reasonable attempts to notify.
For credit card customers, You understand that your credit card may be charged for the services selected immediately upon receipt of your access passwords. Thereafter, your credit card may be charged in advance for services provided.
Truckoom shall be responsible for arranging payment to the applicable Logistic Company/Independent Driver, which executed the respective transportation services for Client.
You understand that use of the Services will result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Truckoom will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non- refundable, unless otherwise determined by Truckoom. Truckoom accepts payments online using Visa and MasterCard credit/debit card in AED currency and also accepts cash payment directly to the Truckoom. Cardholder must retain a copy of transaction records and Merchant policies and rules.
All Charges are due immediately and payment will be facilitated by Truckoom using the preferred payment method designated in your Account and during confirmation of the service, after which Truckoom will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Truckoom may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. For users choosing to pay by cash, the base quote will be due for payment no later than 48 hours before the move and the full payment will be collected by Truckoom or its representative from the user before the move. For Users who use Truckoom for regular transactions Truckoom may, in its sole discretion offer credit terms. Once the payment is made, the confirmation notice will be sent to the client via email & SMS within 24 hours of receipt of payment. The credit terms and conditions are included in the sub-clause 6.2 of these Terms.
As between you and Truckoom, Truckoom reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Truckoom sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas and/or during certain specific days; may increase substantially during times of high demand. Truckoom will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. For services that involve relocation of homes, offices or any such dwellings, charges will be quoted based on the number of trucks estimated by Truckoom based on the information provided by you before and while requesting the quote and additional information gathered before or during the move; and if additional trucks and/or additional labor is required; as determined by Truckoom during provision of the services; you will be responsible to pay for the additional trucks and other resources deployed to your service.
Terms apply to customers, which Truckoom, determines in its sole discretion, meet its criteria to obtain alternative options including line of credit.
a) The Customer’s credit limit will be set out in the Credit Application Form, or as may be increased or decreased by Truckoom from time to time. If Truckoom amends the Customer’s credit limit, Truckoom will provide written notice by email to the authorized signatory set out in the Credit Application Form.
b) The Customer agrees that the credit amount will be considered a loan by Truckoom to the Customer and Truckoom has the sole authority to require the Customer to enter into any further agreements in order to secure the credit amount owed by the Customer to Truckoom.
c) The Customer will pay all outstanding amounts, including the amount owed on credit and costs or fees if incurred by Truckoom in relation to the credit amount, in accordance with the terms of the Credit Application Form or within five (5) Business Days of receiving notice from Truckoom.
d) If the Customer does not fulfil any payment obligations under these Terms when due, the remaining unpaid credit amount will become due immediately at the sole option of Truckoom.
e) The Customer will be liable for paying all costs, including Truckoom’s legal fees calculated on a full indemnity basis, incurred by Truckoom in relation to the collection of any outstanding credit amount and/or other incurred fee.
f) The Customer will sign any further documentation required by Truckoom in order to effect these Terms or to secure any unpaid credit amount.
g) The Customer agrees to provide Truckoom, immediately upon request, with a corporate guarantee, letter of credit or bank guarantee from a reputable bank in the United Arab Emirates or such other security agreement over any credit amount, upon receiving written notice from Truckoom.
h) The authorized signatory of the Customer agrees that it may be required to provide Truckoom with a personal guarantee for the credit amount, and undertakes to provide Truckoom with the guarantee immediately upon receiving written notice from Truckoom.
If any of the following events of default occur, all obligations from the Customer to Truckoom, including without limitation, the credit amount, unpaid accrued interests and any costs incurred by Truckoom, will become immediately due without further notice or demand:
a) Failure of the Customer to pay the credit amount and any accrued interest when due;
b) Liquidation or dissolution of the Customer;
c) Filing of bankruptcy proceedings involving the Customer as a debtor;
d) Application for the appointment of a receiver for the Customer;
e) Making of a general assignment for the benefit of the Customer’s creditors;
f) Insolvency of the Customer;
g) A misrepresentation by the Customer to Truckoom for the purpose of obtaining or extending the credit amount;
h) Sale of a material portion of the business or assets of the Customer;
i) Entering into any agreement where the security interest of Truckoom is superseded by any other party.
If one or more of the provisions of these Terms are deemed to be unenforceable, in whole or in part, for any reason, the remaining provisions will remain fully operational and the parties will agree on a similar replacement provision as close as possible to the original in order to make it enforceable.
Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, will be subject to the exclusive jurisdiction of the courts of the Abu Dhabi Courts.
The following table highlights the charges apply for the cancellation of service by the Shipper
| Cancellation Time | Charges |
|---|---|
| More than 24 hours of Scheduled Delivery | No Fee |
| Within 24 hours of Scheduled Delivery | Base Quote |
a) Truckoom undertakes to acquire and maintain all necessary licenses, authorizations and approvals required for rendering the Services insofar as this is Truckoom’s responsibility.
b) Truckoom is the provider of the Platform only. Client acknowledges that Logistics Company or an independent driver is not an employee of Truckoom. It shall be the Logistic Company’s or entity’s sole responsibility to ensure that it has and maintains all licenses, authorizations and approvals necessary to perform the Services.
c) Truckoom shall use its reasonable commercial endeavours to ensure that the Logistic Company or independent driver has these but at no point does Truckoom accept responsibility for the same. Furthermore, Client agrees to hold Truckoom harmless from any and all acts carried out by such Logistics Company or entity.
d) Truckoom shall use its reasonable commercial endeavours to ensure that any Logistic Company chosen by Truckoom to provide transportation services to Client:
e) Has and maintains all necessary licenses, authorizations and approvals required for rendering the transportation services in the United Arab Emirates (or the respective country where the transportation service is rendered);
f) Only employs and utilizes drivers with valid driving licenses to render the transportation services lawfully to Client in the jurisdiction the Services are being provided.
g) Utilizes trucks in roadworthy condition in line with RTA regulations and the trucks are regularly serviced in line with the recommendation of the respective manufacturer of the truck.
h) Has not, and none of its managers, shareholders or directors has, been charged or convicted of any crime of dishonesty or any breach of UAE anti-bribery laws, anti-money laundry laws or international sanctions.
i) Notwithstanding the above, Truckoom shall not be held responsible for the breach of any Logistic Company/Independent Driver to adhere to the provisions of this Article
j) During the term of this Agreement, you shall neither initiate nor accept any direct or indirect business relationship with any Shipper where Shipments to or from such Shipper were first transported pursuant to the Service, or in connection with use of the Service. Your obligation in this regard extends to instances where a Shipper contacts you and seeks to establish a business relationship that does not include Truckoom. If you book or otherwise makes available any direct or indirect business relationship with any Shipper that was first introduced to you by Truckoom in violation of this Agreement, you shall be jointly and severally liable with the Shipper to Truckoom for each such violation in an amount equal to twenty percent (20%) of all revenues paid by the Shipper to you.
k) Truckoom shall exercise reasonable skills, care and diligence in the provision of the Services.
Truckoom reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that Truckoom will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereon.
Either Party shall be liable for its own fault and the fault of its agents and employees and shall indemnify and hold the other Party harmless under this Agreement against any claims, demands, losses, liabilities and expenses (including attorneys’ fees) caused by respective breaching Party occurring from its negligence or wilful misconduct
Truckoom may assist Shippers with claims against Carriers for lost, damaged, delayed or destroyed cargo and Carrier acknowledges and agrees that Truckoom may likewise file such claims directly as the assignee of the Shipper. Shipper and Truckoom shall have six (6) months from the date of delivery of any Shipment (or, if no delivery, then not less than six (6)) months from the date on which delivery should have occurred) during which to file claims. Shipper and Truckoom shall have not less than two (2) years from the date of denial of all or any part of any such claim during which to initiate a legal proceeding with respect to such claim. Carrier will pay, deny or offer to settle any claim hereunder within thirty (30) days of submission
Carrier will abide by any cargo handling instructions communicated to Carrier by Truckoom or the Shipper, including any regarding provision of temperature controlled service. If cargo is tendered and a reasonable person would understand such cargo to require controlled temperature service, and no such service has been requested, Carrier shall contact Truckoom immediately and in any event, prior to loading any such cargo onto Carrier’s conveyance. Without limiting the foregoing, if Carrier is providing service with respect to commodities requiring temperature control, Carrier shall ensure that its equipment is pre-cooled to required temperature ranges prior to or at the time of loading, and shall ensure that temperature is maintained at all times within specified temperature ranges. Carrier acknowledges and agrees that failure to abide by instructions regarding handling of food or evidence of possible unauthorized access to shipments may result in rejection of shipments due to possible adulteration or contamination, and would be held liable for damaged or destroyed cargo.
Any attempt to limit your liability for lost, destroyed, damaged or delayed Shipments, including, but not limited to, via provisions contained in any bill of lading, delivery receipt or tariff shall be deemed null and void. Exclusions in your insurance coverage shall not exonerate you from this liability.
You understand and agree that Truckoom, from time to time, enters into master transportation contracts or like documents with certain shippers. Such contracts often provide that their terms pre-empt and govern over any term within a bill of lading or other shipping document that conflicts or is otherwise inconsistent with the contracts. To the extent any transport you undertake hereunder is governed by a contract between Truckoom and a shipper containing such a clause, you agree that any bill of lading or other document you issue shall be subordinate to and pre-empted by such contract’s terms. Truckoom will advise you on request as to whether any such master transportation contract or like document containing a pre-emptive clause exists with respect to specific shipments you undertake. You further understand and agree that such contracts or like documents may contain terms restricting the extent to which you may be entitled to collected charges for accessorial and ancillary services, in which event Truckoom will not pay related charges notwithstanding any advance notice
CARRIER SHALL DEFEND, INDEMNIFY, AND HOLD TRUCKOOM, THE SHIPPER, AND EACH OF THEIR AFFILIATED ENTITIES HARMLESS FROM AND AGAINST, AND SHALL PAY AND REIMBURSE, ANY AND ALL ALL DIRECT OR INDIRECT LOSS, LIABILITY, DAMAGE, CLAIM, FINE, COST OR EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR IN ANY WAY RELATED TO THE PERFORMANCE OR BREACH OF THIS AGREEMENT BY CARRIER, ITS EMPLOYEES, SUBCONTRACTORS OR INDEPENDENT CONTRACTORS (COLLECTIVELY, THE “CLAIMS”), INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR OR RELATED TO PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE AND CARRIER’S POSSESSION, USE, MAINTENANCE, CUSTODY OR OPERATION OF THE EQUIPMENT; PROVIDED, HOWEVER, THAT CARRIER’S INDEMNIFICATION AND HOLD HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH WILL NOT APPLY TO THE PRORATED EXTENT THAT ANY CLAIM IS DIRECTLY AND PROXIMATELY CAUSED BY THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED OR HELD HARMLESS. CARRIER HEREBY EXPRESSLY WAIVES ANY EXCLUSIVE REMEDY DEFENSE, INCLUDING, BUT NOT LIMITED TO, THOSE AVAILABLE UNDER ANY WORKERS’ COMPENSATION OR OTHER OCCUPATIONAL ACCIDENT STATUTORY REGIME, TO THE EXTENT NECESSARY TO EFFECTUATE CARRIER’S OBLIGATIONS UNDER THIS PROVISION.
Truckoom is not responsible in any way for the acts and/or omissions of Carriers or their drivers. Truckoom provides 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 Truckoom make any assurances regarding, the truth or accuracy of any User reviews or ratings. Truckoom does not regularly monitor or remove reviews or ratings, or any portion thereof, unless they contain Content we deem inappropriate in our sole discretion.
a) In the event either Party is voluntarily declared bankrupt, commits an act of bankruptcy, becomes insolvent or has an administrator or receiver appointed, the other Party shall have the right to terminate this Agreement with immediate effect by virtue of written notice to the other Party.
b) In case either Party violates or breaches any terms or provisions of this Agreement, the non-breaching Party shall have the right to terminate this Agreement by virtue of a written notice of fifteen (15) working days provided that the breaching Party fails to commence rectifying or remedying the violation within that period.
c) Client may terminate this Agreement with immediate effect in case of a violation as accordance to the Clause No. 5 of this Agreement.
d) Truckoom may terminate this Agreement with immediate effect if the Client commits any act or omission which Truckoom determines in its sole discretion, does or is likely to cause reputational damage to Truckoom.
e) Either Party may terminate this Agreement for convenience by giving the other Party a one (1) months prior written notice. Such termination for convenience shall not give rise to any claims for compensation of losses, damages, or anticipated profit.
The Parties undertake to keep in confidence each other’s Confidential Information which has become known to the receiving Party in relation to this Agreement and shall not use such Confidential Information other than for this Agreement or disclose Confidential Information to any other (third) party during the term of this Agreement and a period of three (3) years after expiry or termination of the Agreement
Formal Notices to the Parties of this Agreement shall be addressed to the addresses given in acceptance email or correspondence of a quotation for services unless expressly provided otherwise herein, all notices provided for in this Agreement shall be sent through registered mail, by an international courier service or shall be delivered against personal receipt or by other legally valid means. Every notice shall be deemed to have been given and received at the time when it should have been received in the ordinary course of transmission. Notices given by telefax, e-mail, or other technical means are only valid if such means constitute valid instruments for serving notices in accordance with the applicable law at the prevailing time. (2) Any Party of the Agreement shall without request and without undue delay inform the other Party of the Agreement of any changes in its address by registered letter
United Arab of Emirates is our country of domicile and stipulates that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in Emirate of Abu Dhabi and those of the United Arab Emirates. Truckoom will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE.
Any dispute, difference, controversy or claim arising out or in connection with this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of Abu Dhabi.
Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.
Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules
If you have any questions about this Agreement, please contact Truckoom at support@truckoom.com
