Terms and Conditions

Terms and Conditions

By using the System and/or the Site you, "the Transporter" and “the Client” agree to be bound by the terms of this Agreement with eLoad PTY LTD, Company registration no. 2003/003213/07 ("eLoad").

  1. Definitions

    In this Agreement the following terms have the following meanings:
    "Load" means a request made by the client using the System seeking offers for the provision of freight/transport services from Providers (including but not limited to the Provider);
    "Transporter" as the context requires means you and /or any other person or entity being a transport services provider who is registered with eLoad in accordance with this Agreement, and who may submit a quotation on a load;
    "Matching Fee" is the fee that is charged to the Transporter when they have successfully been matched with a Client for the provision of freight/transport services.
    "Category" means the freight (and any other) services that the Transporter offers and/or provides to one or more Clients;
    "Site" means the website operated by eLoad at www.eload.co.za;
    "System" means the system operated by eLoad as described in this Agreement, and as developed by eLoad from time to time; and
    "Client" includes any person that uses the System and/or the Site, including the Transporter in their use of the Site and System.

  2. Registration

    2.1 The Transporter's participation in the System is subject to eLoad's acceptance of the Transporter's application for registration as a Transporter. The Transporter agrees to supply any documentation reasonably required by eLoad to verify the Transporter's qualifications and ability to supply the Transporter Services.
    2.2 The Transporter acknowledges and agrees that the System is available only to persons aged 18 years old and overolder. The Transporter represents and warrants that he/she is aged 18 years old or overolder. If the Transporter is a company or other business entity, the person purporting to represent the Provider, represents and warrants that they have authority to bind the entity to this Agreement.
    2.3 Without limiting any other right or obligation of the parties, the Transporter must immediately notify eLoad of any change in circumstances or any other fact or matter that would or might be a basis for disqualifying the Transporter as a Transporter.
    2.4 Upon registration, the Transporter will be issued with a user identification number and password to use and access the Site and System. The Transporter agrees that eLoad shall be entitled to assume that any person using the Site with the Transporter's user identification number and/or password is the Transporter or its authorised representative.
    2.5 Registration and hence, entitlement to operate as a Transporter, is personal to each Transporter and cannot be assigned or transferred.

  3. How the System Works

    3.1 The System operates as both a finder and facilitator seeking to match the needs of Clients with Transporters. The System and Site acts as a forum for Clients and Transporters to quote and agree on prices and enter into agreement regarding the provision of freight services by the Transporter. eLoad is as a neutral facilitator and the Transporter acknowledges and agrees that eLoad is not directly involved in the transactions and arrangements between Clients and Transporters. Such transactions and arrangements with any Client will be subject to the Transporter's own terms and conditions.

  4. Matching Fee

    4.1 A load is secured once the Client accepts eLoad's quote. The Transporter’s quote is then forwarded to the Client as a legal agreement between the Client and the Transporter. The details of the Client are also forwarded to the selected Transporter for interface and communication purposes. The matching fee cost is determined onby the quoted value from the Transporter for the specific load and includes the GIT. eLoad works on a credit system whereby the Transporter has to buy credits to be able to submit a quotation for acceptance on a Load request. The amount of credits for a specific Load depends on the Load quotation value supplied by the Transporter.
    Quotation value below R 4000.00 = 1 Credit
    Quotation value between R 4000.00-R 6000.00 = 2 Credits
    Quotation value between R 6000.00-R 8000.00 = 3 Credits
    Quotation value between R 8000.00-R 10 000.00 = 4 Credits
    Quotation value from R 10 000.00 upwards = 5 Credits
    Quotation value includes the GIT value if applicable
    4.2 eLoad only subtracts credits from the successful Transporter which has been chosen by the Client.

  5. Cancellations

    5.1 In the case of a Load cancellation due to any reason possible, the Transporter can notify eLoad via mail with proof of the client that the Load has been cancelled, and the Transporter will then be refunded with credits after the team of eLoad team has gone through the relevant documents sent fromby the Transporter as proof that the Load has been cancelled. The Transporter will then be refunded with the amount of credits due from the cancelled Load within 5 working days.
    5.2 If there is a disagreement over the cancellation then, eLoad will review the information provided. If eLoad determines that a Transporter has demonstrated poor conduct then, eLoad may suspend or terminate the TransportersTransporter’s account.
    5.3 Providers waive their right to claim cancellation fees from eLoad or the Client if applicable.
    5.4 If the Load is cancelled for any reason then, eLoad will review the cancellation reasons given by b the Transporter, and make a decision on whether to refund the Transporter with relevant credits for that specific load within 5 working days of application.. .

  6. Disclaimer and Acknowledgments

    6.1 eLoad provides the details of and introductions to Clients is on an 'as is' basis and without any warranty, express, implied or statutory as to the reliability, trustworthiness, creditworthiness or other attribute or characteristic of any Client.
    6.2 While eLoad endeavors to ensure that the Site is accessible at all times, it shall not be liable if it is unavailable at any time or for any period. The Transporter agrees and acknowledges that the Site may experience interruptions and access difficulties from time to time and that eLoad will not be held responsible for such interruptions or access difficultieseither. To the fullest extent legally possible, eLoad excludes any representation or warranty concerning Clients, other Transporters, the System, the Site or any third party Site referred to or connected via the Site.
    6.3 Without limiting the foregoing, the Transporter acknowledges that:
    (a) eLoad does not check the truth or currency of the material or information that Clients provide or make available to it;
    (b) eLoad does not warrant to the Transporter that anything on the Site or any third-party Site referred to or connected via the Site or System is or will be accurate, complete orand up to date, and makes no performance warranty whatsoever concerning anything on or implied from them;
    (c) eLoad does not offer or provide professional advice to Clients on the fitness of any goods, services or information supplied by any third parties including the Transporter;
    (d) eLoad is not a party to any transactions between Client and Transporter and it is the Client (and, for the avoidance of doubt, not eLoad) who is responsible for paying the Transporter for all Loads and all Transporter Services. eLoad cannot and will not guarantee the ability of Clients to complete payment for any of the Transporter Services;
    (e) the Transporter shall be held responsible for completing all transactions ithe/she participates in (including monitoring the status and complying with all relevant legal obligations);
    (f) eLoad does not warrant to the Transporter that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate; and
    (g) to the extent permitted at law, eLoad shall not be liable for any loss or damage whether directly or indirectly incurred by the Transporter or any third person as a result of any act or omission of any Client or any failure or delay in eLoad doing anything, including, but not limited to transmitting any information between Clients and Transporters or removing any information from the Site, or any Client from the System.
    6.4 The Transporter agrees that to the extent permissible at law, eLoad and all affiliates and related entities of eLoad shall have no responsibility for the legality of the actions of Clients and other Transporters.

  7. Feedback feature of Site

    7.1 The Transporter acknowledges and agrees that eLoad operates a Client feedback system, on which Clients will complete a feedback form which consists of 8 questions, and send the info back to eLoad for assessment. The info supplied by the ClientsClient will only be available to only the Transporter and will not be published under any circumstances on the Site.
    7.2 The Transporter agrees not to impersonate any other person when posting material to the Site.
    7.3 eLoad does not warrant to the Transporter that it or Clients will respond to questions or comments submitted by Clients or the Transporter to the Site.
    7.4 Without limiting any other provision of this Agreement, eLoad may in its discretion terminate or restrict the Transporter's registration and ability to use the System and Site as a Transporter, if the Transporter is (in the opinion of eLoad) the subject of consistent, frequent or otherwise substantially negative feedback.

  8. Transporter Warranties

    8.1 The Provider agrees and warrants to eLoad that:
    (a) it is under no legal or other impediment that may prevent it fully carrying out its obligations under this Agreement;
    (b) it will be in all respects able to fulfil completely any Load in respect of which it bids;
    (c) and any personnel it engages are and will at all times remain qualified to offer and perform the Transporter Services;
    (d) and all personnel engaged by it will exercise a high degree of skill, care and professionalism in providing the Transport Services to Clients;
    (e) it has all insurance required of or desirable for a service provider in the Transporters's position and area of practice;
    (f) it will ensure that all information (including but not limited to that set out in any application for registration as a Transporter) including information relating to the Transporter's qualifications and capacity is true and correct in every respect, and will be updated by the Transporter if and when it materially changes during the period of the Transporter's use of the System;
    (g) it will to the extent permissible at law, comply with its obligations towards Clients as set out in the Transporter's terms and conditions;
    (h) it will not use the Site or System for illegal purposes, including without limitation, by posting to the Site information encouraging conduct that would constitute a criminal offence or using the System to transport illegal goods;
    (i) it will not use any feature of the Site to send unsolicited commercial emails to Users, whether individually or as a group;
    (j) it will not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without eLoad's prior written consent;
    (k) it will not use anything on this Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with eLoad;
    (l) it will not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
    (m) it will not take any action that imposes an unreasonable or disproportionately large load on eLoad's infrastructure;
    (n) it will not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to eLoad or do anything that compromises the security of the Site;
    (o) it will not use the Site to engage in misleading or deceptive on-line marketing practices;
    (p) it will not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;
    (q) it will provide eLoad with complete and accurate contact details when using the System, enabling Clients to contact the Transporter (and vice-versa) as requested;
    (r) it will not use the Site or System in relation to the actual or proposed transportation of any illegal or prohibited goods;
    (s) it will comply with all laws and regulations regarding the provision of the Transporter Services as well as all laws and regulations relating to privacy; and
    (t) it will not use the Site or System to procure the handling or the transportation of goods in respect of which the Transporter knows, suspects or ought to know or suspect the Client has no title or other right.

  9. eLoad's Reservation of Rights

    9.1 eLoad reserves the right to:
    (a) remove or, refuse to post or relay any information and/or materials (in whole or in part) that it, in its sole and absolute discretion, regards as in any way objectionable or in violation of any applicable law or this Agreement without notice to the eLoad; and
    (b) modify or discontinue any services eLoad offers at any time.

  10. Intellectual Property/Use of Material on Site

    10.1 All intellectual property rights in information, data and materials used or appearing on the Site including (without limitation) all software, tools, know-how, processes, trade markstrademarks, logos and other materials shall remain the sole and exclusive property of eLoad or its licensors. The Transporter acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of eLoad's intellectual property rights.
    10.2 To the extent that the Transporter submits any information or material to eLoad relating to a Load Request or for otherwise posting on the Site, the Transporter automatically grants eLoad a licence to use the information or material for the purpose for which it is provided.
    10.3 The Transporter agrees that information contained on this Site is for their own use only and may not be sold, used or redistributed for any other purpose.
    10.4 The Transporter may not use screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of reproducing information contained on this Site on or through any other medium, except with eLoad's prior written consent.

  11. Limitation of Liability

    11.1 To the extent permitted by law eLoad excludes all liability to the Transporter or any other person for any loss, claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, and without limitation to any loss of profits, loss or corruption of data, or loss of or damages to reputation or goodwill) arising out of or in connection with any:
    (a) the acts or omissions of any User including where the same results in a loss of or damage to goods;
    (b) use of the Site or the System or information on or provided through the Site or the System or any information or advice otherwise provided by eLoad or a Client, even if eLoad has been advised of the possibility of such loss or damage; or
    (c) removal or termination of the Transporter's access to the System and Site.
    11.2 To the extent permitted by law, eLoad and all affiliates and related entities of eLoad expressly limit their liability to the Transporter for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at eLoad's sole discretion):
    (a) the re-supply of the services provided by eLoad; or
    (b) the payment of the cost of having those services supplied again.

  12. Indemnity

    To the extent permissible at law, the Transporter indemnifies and holds eLoad and its parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from and against any claims, demands, proceedings, losses and damages (whether actual, special and consequential of every kind and nature including all legal fees) made by any User or third party arising out of or in any way related to the Transporter's use of the Site or the System, the Transporter's breach of this Agreement, or the Transporter's violation of any law or the rights of a third party.

  13. Cancellation/ Breach/Suspension/Termination

    13.1 The Transporter may cancel its registration as a Transporter upon notice to eLoad. Such cancellation shall not entitle the Transporter to cancel or vary any agreement already in place to provide Transporter Services to any Client.
    13.2 Without limiting other remedies available to eLoad at law, in equity or under this Agreement, eLoad may immediately issue a warning, temporarily suspend or indefinitely suspend the Transporter's access to the System and refuse to provide services to the Transporter if:
    (a) eLoad, acting reasonably, believes that the Transporter has breached any terms of this Agreement;
    (b) eLoad is unable to verify or authenticate any information the Transporter provides to it; and/or
    (c) eLoad, acting reasonably believes that the Transporter's actions may cause damage and/or legal liability for eLoad, other Transporter or other Clients.
    (b) the Transporter becomes subject to any kind of insolvency event.

  14. No Agency
    The Transporter acknowledges and agrees that eLoad is neither the Transporter’s nor any Client's agent.
  15. Circumstances beyond eLoad's control

    eLoad will not be held liable for any failure or delay in the performance of its obligations to the Transporter if that failure or delay is due to circumstances beyond eLoad’s reasonable control including, without limitation, any act of God or other cause including any mechanical, electronic, communications or third party supplier failure.

  16. Website Links

    16.1 eLoad may provide links and pointers to websites maintained by third parties from its Site which websites are not under the control of eLoad, and eLoad is not responsible for the contents of any linked website or any website link contained in any linked websitewebsites.
    16.2 eLoad will not be held liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by or through any linked websites, whether linked to or from eLoad's Site.

  17. General

    17.1 Interpretation
    (a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
    (b) The singular includes the plural and vice-versa.
    (c) A reference to a person includes any corporation or body corporate.
    17.2 Governing Law
    This Agreement shall be governed in all respects by the laws of the South Africa. The Client irrevocably submits to the non-exclusive jurisdiction of the courts of South Africa
    17.3 Severability
    The provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed and the remaining provisions shall be enforced.
    17.4 No Waiver
    eLoad's failure to take action with respect to a breach by the Transporter does not waive eLoad's right to take action with respect to subsequent or similar breaches.
    17.5 Entire Agreement
    This Agreement and those policies incorporated by reference herein, set out the entire understanding and agreement between the parties with respect to the subject matter hereof.