Terms of Service

Welcome to CargoLink. These Terms of Service ("Terms") constitute a legally binding agreement between you and TOPNOTCH CARGOLINK, a registered business entity under TOP NOTCH COMPANY LTD ("CargoLink," "we," "us," or "our").

By accessing or using our website, mobile applications (Android and iOS), web-based platform, or any related services (collectively, the "Services"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes through the Services or via email. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

CargoLink is a digital logistics platform that connects shippers with carriers, drivers, and freight forwarders across East and Central Africa. Our Services include:

• Freight Matching: Connecting shippers with available carriers and drivers for cargo transportation.
• Real-Time Tracking: GPS-based shipment tracking and monitoring.
• Route Optimization: Intelligent route planning and navigation assistance.
• Communication Tools: In-app messaging and calling between platform users.
• Payment Processing: Facilitating payments between shippers and carriers.
• Documentation Management: Digital handling of shipping documents and proof of delivery.
• Analytics and Reporting: Performance metrics and shipment history.

CargoLink acts as a technology platform and marketplace. We do not own or operate vehicles, employ drivers, or directly provide transportation services. We facilitate connections between independent parties who contract directly with each other.

3.1 Account Creation

To use our Services, you must create an account and provide accurate, complete, and current information. You represent and warrant that:

• You are at least 18 years of age.
• You have the legal authority to enter into these Terms.
• All information you provide is truthful, accurate, and complete.
• You will maintain and update your information to keep it accurate and current.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized access or security breach.

3.3 Account Types

CargoLink offers different account types for different user roles:

• Shipper Accounts: For businesses and individuals shipping cargo.
• Carrier/Fleet Accounts: For transportation companies and fleet operators.
• Driver Accounts: For individual drivers operating vehicles.
• Forwarder Accounts: For freight forwarding companies.

Additional verification and documentation may be required depending on your account type.

4.1 General Obligations

All users must:

• Comply with all applicable laws, regulations, and industry standards.
• Provide accurate information about shipments, vehicles, and services.
• Treat other users with respect and professionalism.
• Respond promptly to communications regarding active shipments.
• Maintain appropriate insurance coverage as required by law.

4.2 Prohibited Activities

You may not:

• Use the Services for any illegal purpose or to transport prohibited goods.
• Provide false, misleading, or fraudulent information.
• Impersonate another person or entity.
• Interfere with or disrupt the Services or servers.
• Attempt to gain unauthorized access to any part of the Services.
• Use automated systems (bots, scrapers) without our written permission.
• Harass, abuse, or harm other users.
• Circumvent or manipulate our fee structure or payment systems.
• Post or transmit malicious code, viruses, or harmful content.
• Reverse engineer, decompile, or disassemble any part of the Services.

5.1 Shipper Obligations

If you are a shipper, you agree to:

• Provide accurate cargo descriptions, weights, dimensions, and special handling requirements.
• Ensure cargo is properly packaged and labeled according to regulations.
• Provide all necessary documentation (customs forms, permits, etc.).
• Make cargo available for pickup at the agreed time and location.
• Pay agreed fees in a timely manner.
• Not ship prohibited, dangerous, or illegal goods without proper authorization and disclosure.

5.2 Carrier and Driver Obligations

If you are a carrier or driver, you agree to:

• Maintain valid licenses, permits, and insurance as required by law.
• Ensure vehicles are roadworthy and properly maintained.
• Provide accurate vehicle information (type, capacity, availability).
• Pick up and deliver cargo according to agreed schedules.
• Handle cargo with appropriate care and security.
• Provide real-time location updates during active shipments.
• Obtain and submit required proof of delivery documentation.
• Comply with all traffic laws and border crossing regulations.

5.3 Independent Contractor Relationship

Users of the CargoLink platform are independent contractors. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between CargoLink and any user, or between users themselves. Each user is solely responsible for their own taxes, insurance, and legal compliance.

6.1 CargoLink Property

The Services, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, are owned by CargoLink or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without our express written permission.

6.2 User Content

You retain ownership of content you submit to the Services (photos, documents, reviews, etc.). By submitting content, you grant CargoLink a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purpose of providing and improving our Services.

6.3 Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant CargoLink the right to use such feedback without any obligation to you.

7.1 Service Fees

CargoLink charges fees for use of the platform. Fee structures may include:

• Commission on completed shipments
• Subscription fees for premium features
• Transaction processing fees
• Additional service fees as disclosed at the time of transaction

All fees are displayed in the Services before you complete a transaction. We reserve the right to modify our fee structure with reasonable notice.

7.2 Payment Terms

Payments are processed through our third-party payment processors. You agree to:

• Provide valid payment information.
• Pay all fees when due.
• Authorize us to charge your payment method for applicable fees.
• Be responsible for all taxes associated with your use of the Services.

7.3 Refunds and Disputes

Refund eligibility depends on the specific circumstances and is determined on a case-by-case basis. To request a refund or dispute a charge, contact our support team at support@cargolink.tz within 30 days of the transaction. We will investigate and respond within a reasonable timeframe.

8.1 Service Availability

We strive to provide reliable Services, but we do not guarantee that the Services will be uninterrupted, error-free, or completely secure. The Services are provided "as is" and "as available" without warranties of any kind, either express or implied.

8.2 Third-Party Actions

CargoLink is not responsible for the actions, conduct, or performance of users or third parties. We do not guarantee the quality, safety, or legality of services provided by carriers and drivers, or the accuracy of information provided by shippers.

8.3 Limitation of Damages

To the maximum extent permitted by law, CargoLink, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss or damage to cargo
• Delays in transportation
• Data loss or corruption
• Business interruption

Our total liability for any claims arising from or related to the Services shall not exceed the greater of (a) the fees you paid to CargoLink in the 12 months preceding the claim, or (b) $100 USD.

8.4 Insurance

Users are responsible for obtaining and maintaining appropriate insurance coverage. CargoLink does not provide insurance for cargo, vehicles, or liability. We recommend that all users maintain adequate insurance for their operations.

You agree to indemnify, defend, and hold harmless CargoLink, TOP NOTCH COMPANY LTD, and our affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Your content or conduct on the platform
• Transportation services you provide or receive through the platform

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Republic of Tanzania, without regard to its conflict of law provisions.

10.2 Informal Resolution

Before filing a formal dispute, you agree to first contact us at support@cargolink.tz to attempt to resolve the issue informally. We will work in good faith to resolve disputes amicably.

10.3 Arbitration

If informal resolution is unsuccessful, any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration in Dar es Salaam, Tanzania, in accordance with the Arbitration Act of Tanzania. The arbitration shall be conducted in English.

10.4 Exceptions

Either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

11.1 Termination by You

You may terminate your account at any time by contacting us at support@cargolink.tz or through your account settings. You remain responsible for any outstanding fees or obligations.

11.2 Termination by CargoLink

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account poses a security risk
• You provide false or misleading information
• We are required to do so by law
• We discontinue the Services

11.3 Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• We may delete your account and data (subject to legal retention requirements)
• Provisions that by their nature should survive termination will remain in effect (e.g., indemnification, limitation of liability)

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and CargoLink regarding the Services.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

12.5 Force Majeure

CargoLink shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you through the Services, email, or in-app notification
• Provide you with a reasonable opportunity to review the changes

Your continued use of the Services after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services.