Terms and Conditions for Cargo Owners
These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the Agrotruckit Limited website and other platforms which connects agricultural produce wholesalers with freight operators to help transport agricultural produce across cities efficiently.
The term “us” or “we” refers to Agrotruckit Limited a private limited company incorporated and registered under the laws of the Federal Republic of Nigeria with registration number 1938537 and registered office being at Plot 1319 CRD Phase 2, Federal Housing, Lugbe, Abuja, Nigeria.
In order to use the Agrotruckit Limited website and other platforms you must agree to the terms and conditions that are set out below:
1.0 Using the Agrotruckit Limited website and other platforms
- Agrotruckit provides an information society service through its website and other platforms that enables mediation of the requests for transport/freight and or logistics services between the agricultural produce wholesalers and freight operators. Thus, Agrotruckit does not provide transport/freight and/or logistics services.
- The transport/freight and/or logistics services are provided by transport/freight operators under a contract (with you) for the carriage of goods. The Transport/Freight Operators provide the transport/freight services on an independent basis (either in person or via a company) as economic and professional service providers.
- Agrotruckit is not responsible in any way for the fulfillment of the contract entered into between the Agricultural Produce Wholesaler (you) and the Transport/Freight Operators. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport/freight services will be resolved between the Agricultural Produce Wholesaler and the Transport/Freight Operator. Data regarding the Transport/Freight Operator and their transport service is available on the Agro Truck-It’s website and other platforms and receipts for journeys/trips are sent to the email address listed in Agricultural Produce Wholesaler’s profile.
- The Agricultural Produce Wholesaler (you) enters into a contract with the Transport/Freight Operator for the provision of transport/freight services via the Agrotruckit website and other platforms. Depending on the payment options supported for given location of the journey, you can choose whether to pay the Transport/Freight Operator for the transport/freight service in cash or use Agrotruckit in website payment system .
- Payments will be inclusive of applicable taxes where required by law. Payments may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. If you wish, you may also choose to pay a Tip to the Transport/Freight Operator directly or via the use of Agrotruckit in website payment system. We may limit the maximum value of a Tip at our sole discretion.
- During the use of the Agrotruckit website, Agricultural Produce Wholesaler’s mobile number is linked to the respective Agrotruckit user account and added to our database. If you are no longer using your mobile number, you must notify Agrotruckit within 7 days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator may issue the same mobile number to a new person who when using the Agrotruckit Website then may have access to your data.
2.0 Promotional Codes
2.1 Agrotruckit may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of the transport/freight service or other features or benefits related to the service and/or a Third Party’s service and are subject to additional terms that are established on a per promotional code basis. Expiration dates of promo code will be reflected on our website and other platforms once you have applied the promo code to your account.
2.2 If your transport/freight amount exceeds the redeemable credit allocated to the service provided to you, the balance will be automatically deducted from your accounts payment method. Similarly, a promotional code credit only applies on a per service basis and cannot be carried over to the next service and therefore will be forfeited. Only one promotional code may be applied per service.
2.3 Agrotruckit, reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Agrotruckit deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
3.0 Agrotruckit in Website Payment
3.1 Depending on the payment options supported for the given location of the journey, You can pay for the transport/freight services with a card, mobile carrier billing or other payment methods as and when available through Agro Truck-It Website. By Agrotruckit in Website Payment service, Agro Truck-It acts as commercial agent for the providers of the transport/freight services.
3.2 Every Transport/Freight Operator has authorized Agro-Truck It as their commercial agent for the mediation of conclusion of contracts between the Transport/Freight Operator and the Agricultural Produce Wholesaler, including the power to accept payments from the Agricultural Produce Wholesalers and to forward the payments to the Transport/Freight Operator. Your obligation to the provider of the transport/freight service will be fulfilled when the payment order is given to transfer funds to Agro Truck It’s Bank account. You, as the Agricultural Produce Wholesaler are responsible for ensuring that the payment takes place, and that sufficient funds are available.
3.3 You may choose to pay a Tip to the Transport/Freight Operator using the Agro-Truck It In-website Payment service. The Tip can be paid via the In-website Payment by means authorized by Agro-Truck It for that purpose. Agro-Truck It will not hold a commission for the brokerage of the Tip and the Tip will be transferred to the Transport/Freight Operator in full amount, excluding any taxes, if applicable. Agro-Truck It reserves the right to withhold the Tip, if the payment of the Tip is suspected as being fraudulent, illegal, for a purpose other than as a gratuity related to the service provided or used in conflict with Agro Truck It’s Terms and Conditions
3.4 When making payments to Agro Truck It in-website Payment, Agro Truck-It receives your payments and forwards money to the Transport/Freight Operator. Agro Truck – It may request for additional data to verify payment methods. When making payments to Agro Truck It in-website Payment for transport/freight services, Agro Truck It is not responsible for possible third-party payment costs (e.g mobile operators, bank fees, etc). These service providers may charge you additional fees when processing payments in connection with the Agro Truck It in-App Payment. Agro truck It is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
3.5 Agro Truck-It will be responsible for the functioning of Agro Truck-It in-website Payment and provide support in resolving problems. The resolution of disputes related to Agro Truck-It in-website Payment also takes place through us. For payment support service please contact: email@example.com. Inquiries submitted by e-mail will receive a response within one business day. Agro Truck-It will resolve the Agro Truck-It in-Website Payment related complaints and applications within two business days.
3.6 Upfront Fare. You may be offered to use a transport/freight option that allows you to agree to a fixed Fare for a given instance of Transportation service provided by the Transport/Freight Operator (i.e. Upfront Fare). Upfront Fare is communicated to you via the Agro Truck-It website before the service is requested. Upfront Fare shall not be applied if you change the destination during the course of the transport/freight service, the service takes materially longer than estimated due to traffic or other factors, or when other unexpected circumstances impact the characteristics of the service materially (e.g a route is used where tolls apply).
4.0 Ordering and canceling transport services
4.1 If you order a transport/freight service and the Transport/Freight Operator has agreed to undertake the work then the transport/freight service is considered to be ordered.
4.2 Once a Transport/Freight Operator confirms that he/she will provide the service, you will enter into a separate agreement with the Transport/Freight Operator for the provision of the journey on such terms and conditions as you agree with the Transport/Freight Operator. Agro Truck-It does not provide the transport/freight service and is not a party to your agreement with the relevant Transport/Freight Operator.
4.3 Canceling the use of an ordered transport/freight service is considered to be the situation where the Transport/Freight Operator has replied to your request and you subsequently reject, cancel or refuse the transport/freight service. When a transport/freight service request is cancelled after certain time period you are required to pay a cancellation fee.
4.4 If you cancel a transport/freight service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (e.g 6 months). After that period you could ask to reactivate your account and your application will be reviewed by Agro Truck-It.
4.5 When the Transport/Freight Operator notifies the Agricultural Produce Wholesaler about the arrival of the vehicle to its destination and Agricultural Produce Wholesaler or people for whom the transport/freight service was ordered do not arrive at the vehicle within certain time period as specified in the Agro Truck-It website, the request will be deemed cancelled. Sometimes Transport/Freight Operator may decide to cancel your request, please note that Agro Truck-It is not responsible for such situations.
4.6 Once the Transport/Freight Operator arrives and sends you a notification that he/she has arrived the Agro Truck It website may begin charging fare on a waiting time basis according to the rates specified in the Agro Truck It website.
4.7 If you have requested transport/freight services using the Agro Truck It website and cause damage to the Transport/Freight Operator’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the Transport/Freight Operator will have the right to require you to pay a penalty fee of a set fee in Nigerian Naira, and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, Agro Truck-It may pursue the claims on behalf of the provider of the transport service.
5.0 License to use Agro Truck-It Website
5.1 As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the Agro Truck-It Website in accordance with these General Terms and Conditions, the Privacy Notice. You may not transfer or sub-license this right to use the Agro Truck-It Website. In the event that your right to use the Agro-Truck It website it is cancelled, the corresponding non-exclusive license will also be cancelled.
6.1 As the Agro Truck-It website is an information society service (a means of communication) between Agricultural Produce Wholesalers and Transport/Freight Operators, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport/freight services. As the usage of the Agro Truck-It Website is for requesting transport services depends on the standing of the Transport/Freight Operators, Agro Truck-It does not guarantee that you will always have offers available for the provision of the transport/freight services.
6.2 The consumer’s right of refund is not applied to Requesting a refund from the transport service does not withdraw you from the agreement in the course of which the provision of the transport service was ordered.
6.4 The Agro Truck-It is provided on an “as is” and “as available” basis. Agro Truck-It does not represent, warrant or guarantee that access to Agro Truck-It Website will be uninterrupted or error free. In case of any faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the website may be restricted due to occasional technical errors and we are not able to guarantee that the website or other Platforms will function at all times, for example a public emergency may result in a service interruption.
6.5 Agro Truck It, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the Agro Truck-It website or relying on, any service contracted for through the Agro Truck-It website, including but not limited to:
- any direct or indirect property damage or monetary loss;
- loss of profit;
- loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
- loss or inaccuracy of data; and,
- any other type of loss or damage.
6.6 The financial liability of Agro Truck -It in connection with breach of the contract will be limited to a set value in Nigerian Naira. You will have the right to claim for damages only Agro Truck-It has deliberately violated the contract. Agro Truck-It will not be liable for the actions or inactions of any Transport/Freight Operator and will not be liable for damages that the Transport/Freight Operator causes to the Agricultural produce.
6.7 You agree to fully indemnify and hold , their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Agro Truck-It Website (including the journeys you obtain through your use of the Agro Truck-It Website).
6.8 Agro Truck It may immediately end your use of the Agro Truck-It Website if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Agro Truck It or the safety of Transport/Freight Operators.
7.0 Good practice using the Agro Truck-It Website
7.1 As Agro Truck-It is not a provider or broker of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant public authority.
7.2 We ask to fill out a feedback form in the Agro Truck-It Website . This enables us to offer suggestions to the Transport/Freight Operators for improving the quality of their service.
7.3 We expect that you use Agro Truck-It Website in good faith and be respectful of the Transport/Freight Operators who offer their services through Agro-Truck-It Website. Agro Truck It retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the transport service, fraud, being disrespectful towards the Transport/Freight Operators, etc. In these cases, your Agro Truck It account may be revoked without prior notice.
7.4 Agro Truck-It will make every effort to ensure that only Transport/Freight Operators, who have integrity and are respectful of their profession and Agricultural Produce, use the Agro Truck-It website and other platforms. However, we are in no position to guarantee that every provider of transport services, located by the Agro Truck-It website, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.
8.0 Amendments to the General Terms and Conditions
8.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or Agro Truck-It notifications. If you continue using Agro Truck-It Website, you will be deemed to accept the amendments.
9.0 Final Provisions
9.1 The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Federal Republic of Nigeria. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be resolved via arbitration at the Lagos State Multi-door Court House, High Court of Lagos State, Lagos Nigeria. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
Date of entry into force: November, 2022.