TERMS OF USE

About the Company

Payload Logistics Limited (Business Registration No. 320200002472) (“Company”, “We”, “Our”) is a company registered under the Zambian Companies Act 2017. The Company through this Payload website or its mobile application or through any other medium (collectively referred as “Platform”) enables registered users (“Members”) and Members and third parties who offer services are “Truck Owners” & “Commodity Sellers” (hereinafter collectively referred as “Service Provider”) and the services they offer are “Logistics Services” & “Commodities”, respectively (hereinafter collectively referred as “Services”) to publish such Logistics Services on the Payload (“Listings”) and to communicate and transact directly with Members that are seeking to book such Logistics Services (Members using Logistics Services are “Customers”).

Acceptance of Terms

The services provided by us are subject to these terms and conditions of use (‘Terms’). These Terms shall apply to you when you visit our Platform to use our services or choose to browse the contents herein. Please read these Terms carefully before using the Services. By using this Platform, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Platform and the content provided by or through the Platform, and the subject matter of this Agreement. If you do not agree with these Terms in their entirety, you may not use the Services.

Member Registration

• You shall be at least eighteen years of age to register on the Platform as a Member in any category. If you are registering as an entity, shall be duly registered in your home country of the Customer and the country where your Services are located. To remain the member of the Platform you shall not only adhere to these terms but also legislation of the Zambia and any other country where you are located.
• You can register yourself using email or social media logins such as google, facebook or twitter. If you register using social media logins, your registration is also controlled by those third party websites.
• The access to or use of certain areas and features of the Platform may be subject to separate policies, third party terms, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Platform, the latter terms and conditions shall prevail.

Account Registration

• As a Service Provider of Services you are required to register yourself with the Platform in order to enable us your Logistics Services and Commodities Listing.
• You can register yourself using email or social media logins such as google, facebook or twitter. If you register using social media logins, your registration is also controlled by those third party websites.
• If you are registering your account as an entity, shall be duly registered in your home country of the Customer and the country where your Services are located. To remain the member of the Platform you shall not only adhere to these terms but also legislation of Zambia and any other country where you are located.
• We reserve sole right enable, disable or approve your registration on one or any of the Platform of Payload

We are not Seller

The Platform acts as a venue to allow Truck Owners and Commodity Sellers to offer Logistics Services and Sale legally traded commodities, about at any time, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between Service Provider and Customers. As a result, we have no control over the quality, safety or legality of the Logistics Services and Commodities Sold by Commodity seller, the truth or accuracy of the listings, the ability of Service Provider to sell Services or the ability of Customers to pay for Services. We cannot ensure that a Service Provider or Customer will actually complete a transaction. The Customer shall himself ensure about the quality and genuineness of Service Provider he is buying and shall also be responsible to pay any additional cost or any other tax, as may be applicable.

Payment Methods and Currency

We accept debit card, credit card, mobile money, internet banking, wire transfer, electronic transfer and cash on delivery as payment method. All transactions shall be in Zambian Kwacha (ZMW).

Our Fees/Service Charge

• Registration on our portal is free of cost i.e. both Service Provider and Customer may create their profile on the Website and access the listed services. We charge variable percentage based fees to the Service Provider for each successful delivery. The fees shall be communicated in advance to the Service Provider while they are listed on the Platform. Except for the already booked Trucks, we may change the fees and charges or add new fees and charges at any time, without prior notice. You are responsible for any fees or charges incurred to access the Service through an Internet service provider or other third party service.
• All payments, except for Cash on Delivery orders, payable to Service Provider by the Customers are routed through us and we retain certain percentage, communicated with the Service Provider from time to time, as a Service Charges of each payment. Balance amount if any is transferred to Service Provider’s designated bank account.
• Where a customer opts for Cash on Delivery option of payment while booking Services from Service Provider on the Platform, the Service Charges on such booking shall be reduced from subsequent booking with prepaid payment. However, in a situation where the Service Provider do not receive any prepaid payment booking up to 30 (thirty days) from the date of Cash on Delivery order, the Service Provider shall transfer the Service Charges amount to us within 5 (five days) of expiration of such 30 (thirty days).
• Any of the fees charged by us shall be non-refundable in any case.

Terms specific to Truck Owners and Commodity Sellers

• If you are in Zambia, your Vehicle shall be duly registered with the Road Transport & Safety Agency, Zambia. In other case your Vehicle shall be registered with the appropriate authority. You shall be responsible to provide the ownership of the Vehicle and authentication from Road Transport & Safety Agency, Zambia or any other appropriate authority from your home country.
• If you are Commodity Seller you shall be licensed to sale those commodities in the area where you are proposing to sale the commodity.
• If you are Truck Owner you shall also possess a permit or licence to transport goods at the delivery location mentioned in the Order placed by Customer, valid insurance and vehicle fitness certificate and other documents as required by law.
• When creating a Listing through the Platform you must;
  • provide complete and accurate information about your Commodities and Services, including but not limited to, listing description, specifications of commodities, quality, make, model, version, capacity in Ton, insurance value, insurance type, age of vehicle, ownership type, availability, etc.,
  • disclose any deficiencies, restrictions (such as transport rules) and requirements that apply (such as any minimum order, minimum load, area of operations, delivery time, etc.) and
  • provide any other pertinent information requested by Platform. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
• The placement and ranking of Listings in search results on the Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Service Provider requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Service Provider Services, and/or ease of booking. For more information about the factors that determine how your Listing appears in search results you can email us.
• You are also required to ensure that your listing on the Platform do not violate any terms or obligations to any third party.
• Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
• You are responsible for ensuring that the services you list on the Platform meet minimum quality standards regarding access, legal compliance, adequacy of the Listing description, safety, hygiene, and cleanliness.
• We reserve the right to cancel the registration for the Service Provider if the Service Provider keeps cancelling confirmed bookings.
• You understand that the rights of Customers under this Customer Refund Policy will supersede your selected cancellation policy.

Terms specific to Customers

• Subject to meeting any requirements (such as completing any verification processes) set by us and/or the Service Provider, you can book a Listing available on the Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Customer Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Account.
• Once you book Logistics Services you and the Service Provider are into legal agreement to receive services and make payment to Service Provider for the services. Your agreement shall apart from these term shall also be attracting compliance with Zambian laws and country where you are located.
• Your booking for the Logistics Services give you limited licence to use the Service Provider services.
• You shall be solely responsible to verify the Service Provider, insurance coverage, quality of goods and services of the Service Provider. We are merely a platform connecting you and Service Provider.
• In case of loss, damages, delay in delivery, delivery issues, damages during the delivery, total loss of commodities, theft, or loss in any other form or any issue related to the booking, the Customer shall claim the damages directly from the Service Provider, and we shall not be responsible to recover such damages from the Service Provider on your behalf, nor we shall be liable for any such damages.

Customer Refund and Cancellation Policy

• Customer shall be liable for refund, only under below situations.
  • Truck Owner refuse to pick up the deliverables or Commodity.
  • Truck Owner pick up the deliverables after two hours of the time of actual pick up.
  • The specifications of Commodity is not the same as appearing the listing provided by the Commodity Seller.
  • Customer cancels the pick up at least six hours before the pickup time.
• We shall process the refund after deducting payment gateway charges of 4% (four percentage) of booking amount.
• Your refund shall be credited in the same account from where it was initiated, within 30 (thirty) days from the date of cancellation of booking.

Service Provider Compensation Policy

The Service Provider shall own an insurance policy to cover up any kind of losses that may occur during their course of business with Us or the Customer. The Service Provider shall not be eligible for any compensation from Us or Customer. Although they cover any sort of compensation from their insurance company.

Downtime

We guarantee 99% of uptime. The 1% we cannot guarantee lies on the fact that the Internet may be unavailable itself, or unexpected technical issues may occur and such issues may be outside of our control. In case such downtime occurs, no financial compensation may be granted, in any form. We may make the Service unavailable from time to time for maintenance, without prior notice. If a server doesn't respond, our customer service staff get immediately notified by SMS or email and will do everything in their power to fix the problem as soon as possible.

Communication

When you use the Platform or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from Platform periodically, as and when required. We may communicate with you by email, SMS, telephone or by such other mode of communication, electronic or otherwise. Your use of the Platform entitles you to receive periodic communication regarding our services through email, SMS, telephone or by such other mode of communication, electronic or otherwise. If you wish to not receive periodic informational communication from us, you can unsubscribe to the communication through your account settings.

Intellectual Property Rights

All material on this site posted by us and not by the Owner, including images, illustrations, graphics, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, icons, and hyperlinks, are protected by copyrights, trademarks are owned and controlled by us unless otherwise noted. You agree to not use, copy, reproduce, republish, or distribute any content from the website in any way directly or indirectly without prior written authorization from us. You shall be solely responsible for compliance with applicable Intellectual Property Laws for the content and artwork you have posted on the Platform, and the company is not in any case shall be accountable for any non-compliance.

Joint and Several

To the extent permitted by law, if you as a Member consists of one or more persons, these Terms bind such persons and their respective executors, administrators, successors and permitted assigns jointly and severally and this terms must be read and construed accordingly.

Law and Approvals

• You must comply with all Legislative Requirements, including the Amendments in requirement occurred during your membership period and approvals in carrying out the Logistics Services.
• The Property Owner must obtain the approvals, if any, required as per local laws and laws of Zambia.

Limitation of Liability

• In no event shall either party be liable to the other for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under these terms, loss of data, or any performance under these terms, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein.
• The maximum remedy available to either party is any amount paid to Service Provider hereunder.
• We makes no warranty of any kind, whether express or implied, with regard to any third party products or services, third party content or any software, equipment, or hardware obtained from third parties.

Jurisdiction/Disputes

• You agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, these Terms through negotiation.
• These terms shall be governed in accordance with the laws of Zambia. All disputes under these terms shall be resolved by litigation in the Jurisdiction of Zambia therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

Waiver

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of these terms.

Severability

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these terms.

Duly Authorized Representatives

If this Terms are executed, then each Party warrants that their representative whose signature appears on such signature pages is the duly authorized by all necessary and appropriate corporate actions to execute this Agreement to Terms.

No Assignment/No Insurance

Our policy and assurances are not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Customer, and the Customer has not paid any premium. The benefits provided under this Customer Refund Policy are not assignable or transferable by you.

Modification or Termination

Payload reserves the right to modify or terminate any clause of these terms, at any time, in its sole discretion. If Payload modifies these Terms, we will post the modification on the Payload Platform or provide you with notice of the modification. However, Payload will continue to process all claims for customer refunds made prior to the effective date of the modification.

Entire Agreement

These Terms constitutes the entire and exclusive understanding and agreement between Payload and you and supersedes and replaces any and all prior oral or written understandings or agreements between Payload and you regarding the Terms.