In order to use the JACARGO software and JACARGO's services, you should carefully read, acknowledge and strictly abide by all the terms and conditions in this Information Service Agreement (including its updates and modifications from time to time) and the various rules, policies, notices and announcements that have been published on the JACARGO software and have been changed or published from time to time thereafter.
Before confirming your acceptance of this Agreement, please carefully read and fully understand the entire contents of this Agreement (especially the agreements on services, liability exemptions or limitations, termination and liability for breach of contract, and contents marked in bold and/or underlined, etc.). If you disagree with any content of this Agreement, or cannot accurately understand the meaning of any clause in this Agreement, please do not confirm this Agreement or register as a "JACARGO driver" on the JACARGO software and/or perform any subsequent operations. The ticking of this Agreement constitutes a prerequisite for your registration and use of the JACARGO software, and your use of the JACARGO software will be deemed as your agreement to be bound by this Agreement. Your continued use of the JACARGO software or provision of cargo transportation services through the JACARGO software shall be deemed as your reading, understanding, acceptance and voluntary compliance with this Agreement as changed from time to time.
Article 1 Definitions
Participating vehicles : refers to vehicles providing cargo transportation services.
Relevant Services : refers to the services listed in Article 3(a) of this Agreement.
JACARGO Software : refers to the "JACARGO-Driver Version" APP and its updated versions from time to time, which is operated by JACARGO with legal authorization and allows users to publish participating vehicle information and/or consignment cargo information, form separate service orders, contact participating vehicles and/or transportation service demanders, and grab orders, and is related to this Agreement.
Advertisement : refers to the promotional messages that appear on your mobile terminal when the JACARGO software is running.
User : refers to the transportation service demander, transportation service provider and other entities who use the services provided by JACARGO and/or JACARGO software.
Driver : refers to the natural person who provides cargo transportation services, including the main driver and co-driver (if any).
Transport service demanders : refers to enterprises, other legal organizations, individual businesses, natural persons and other entities that have demand for cargo transportation.
Transport service provider : refers to the entity that undertakes and provides transport services, including but not limited to drivers, freight companies, logistics companies and other entities.
Cargo information : refers to the information related to cargo transportation released by the transportation service demander through the JACARGO software, including but not limited to cargo loading and offloading locations, cargo delivery locations, cargo types/categories, estimated cargo loading and offloading time, transportation date/period, cargo volume/weight/quantity, specifications and quantity of vehicles required, special transportation requirements and other related information.
Account : refers to the code you set or obtain in accordance with the method provided by JACARGO Software for you to log in and use JACARGO Software. The code may be your mobile phone number/ email address, or it may be other numbers and/or text and/or their combination edited or set by you in accordance with the platform rules of JACARGO Software.
Total Loss: refers to any property loss, any personal injury, any direct economic loss, loss of goodwill, indirect economic loss such as compensation paid to external parties, settlement payment, attorney fees, litigation fees, etc. caused by the destruction, loss, theft, robbery, etc. of all or part of the goods and/or the items picked up and delivered.
Article 2 Intellectual Property Protection
JACARGO enjoys or is authorized to use the copyright, patent rights and all other relevant intellectual property rights of the JACARGO software, and the commercial logos such as "JACARGO-Driver Edition" involved in JACARGO's provision of relevant services and the copyright and trademark rights of such commercial logos are all protected by law. Without the prior written consent of JACARGO, you shall not, allow or assist anyone to infringe the aforementioned intellectual property rights in any form.
Article 3 Services
The services provided by JACARGO include providing you with account information management; issuing the transportation service provider information (including the driver, driver location, information and location of participating vehicles, and itinerary information and data, etc.) submitted by you to JACARGO through the JACARGO software to the transportation demander for the transportation service demander to receive, select and query;
JACARGO only provides a neutral, independent and free third-party information intermediary service for transportation service providers and transportation service demanders. You agree and acknowledge that JACARGO is not your agent or the agent of the transportation service demander, nor is it any party to the contract for hiring drivers or leasing participating vehicles, and does not have any affiliation, labor, employment, partnership, joint venture or other relationship with you.
JACARGO can provide you with paid value-added services ("membership services") in some regional cities for you to purchase freely. The specific regional cities providing membership services and the rules of membership services shall be subject to the information released by JACARGO and JACARGO software. If you choose to purchase membership services, you may not ask JACARGO to refund the fees for purchasing membership services under any circumstances.
Article 4 Your User Account
After you successfully register as a user of JACARGO software, you will obtain the corresponding account and password and keep them properly. If you leak any of the above information for any reason, or any of the above information is maliciously used by others, or the above mobile terminal device is lost, the risks and losses arising therefrom shall be borne by you. If JACARGO suffers any losses as a result of this, you shall compensate JACARGO for all losses suffered.
When JACARGO requires you to provide any additional information related to the transportation service provider (including but not limited to the driver and participating vehicles) and information related to this Agreement, you should actively cooperate. If you fail to actively cooperate or fail to provide such relevant information in a timely manner, JACARGO has the right to immediately suspend or terminate the provision of part or all of the relevant services to you.
You shall ensure the authenticity, accuracy, completeness and validity of the user information (including but not limited to driver personal information, vehicle information of participating vehicles, contact number, contact address, email address, etc.) and relevant information, documents and contents such as certification information, verification information and certification information you fill in and provide. When the relevant information, documents and contents change, you shall update them in JACARGO software in a timely manner. You understand and agree that you have the obligation to continuously ensure the authenticity, accuracy, completeness and validity of the relevant information, documents and contents you provide.
You know, fully understand and agree that the suspension, termination and termination of your account does not mean the termination of your responsibility, regardless of the reason for such suspension, termination and termination. After the suspension, interruption and termination of your account, you still need to bear all possible responsibilities for your behavior during the use of JACARGO software services.
Article 5 Qualifications of Service Providers
If you are a transportation service provider, before registering and using the JACARGO software, you should first confirm that you meet the relevant requirements and conditions for providing transportation services and provide the following certificates and relevant supporting documents to JACARGO:
You should be a person with full civil capacity who is 18 years of age or above and under 60 years of age.
You should provide JACARGO with a copy of your ID card, driver's license and relevant qualification certificates and/or certification materials.
Ensure that the participating vehicles are freight vehicles that can provide cargo transportation services (including but not limited to vehicles that are suitable for providing transportation services, have no potential traffic accident hazards, are in normal condition (non-modified vehicles and parts), and have properly handled vehicle insurance (at least including compulsory traffic insurance, vehicle loss insurance (for non-deductible insurance) and third-party liability insurance (for non-deductible insurance)) and personal safety related insurance. If the vehicle does not meet the qualifications for cargo transportation or is not suitable for cargo transportation during the process of providing cargo transportation services, you must immediately stop providing cargo transportation services and cancel the cargo transportation transaction, and notify JACARGO. If any accident occurs during the cargo transportation process that causes cargo loss and/or personal injury, you should contact the insurance company for compensation. The vehicle you provide should be within the normal annual inspection validity period and properly equipped with vehicle anti-theft, fire prevention and other safety equipment. You should have legal ownership, possession or use rights to the vehicle for providing cargo transportation services.
You should pay attention to and strengthen the maintenance and inspection of participating vehicles to ensure that participating vehicles meet the technical standards prescribed by the state.
When the consigned goods involve non-ordinary cargo transportation services that are state-exclusive or require approval (such as dangerous goods, corrosive materials, etc.), you should ensure that you have obtained all corresponding approval documents or filing qualifications and bear all responsibilities arising therefrom.
Article 6 Commitments and Guarantees
You hereby irrevocably make the following commitments and warranties, and you fully understand and agree that you will bear all losses caused by breach of the following commitments and warranties (including all losses suffered by JACARGO and/or its affiliates or partners) :
After you obtain the information of the service demander and the consigned goods /pick-up items, you should verify the information of the service demander and the consigned goods/pick-up items by yourself. JACARGO and JACARGO software shall not be responsible for verifying the authenticity, accuracy and completeness of the information of the service demander and the consigned goods/pick-up items or any other responsibility. After you have properly reviewed the information of the service demander and the consigned goods/pick-up items, you should make your own judgment on whether to accept and provide the service. After confirming to accept the provision of cargo transportation services to the service demander , you should confirm the order on the JACARGO software and should be the actual service provider. According to the requirements of the service demander, you should properly complete the cargo transportation services within the specified time and ensure the property safety of the goods/items and the personal safety of yourself and third parties. Any legal liability and all losses caused by your failure to provide cargo transportation services and/or any actions during the cargo transportation services shall be borne by you .
and the participating vehicles provided, uploaded and published by you shall be consistent with the information of the actual cargo transportation service provided. If there is any inconsistency, you shall immediately inform the service demander, and you may only provide the transportation service after both parties confirm that such changes do not affect the service order.
JACARGO has no obligation to verify the relationship between the actual user/operator of your user account and the registrant/applicant of the account. You should keep your account and password of the JACARGO software properly. Any use of the JACARGO software through your user account shall be deemed as your own behavior. You shall be fully responsible for all actions conducted through your user account.
You are in good health and do not have any disease that may endanger safe driving. If you have a disease that may hinder safe driving, you should proactively stop providing services and seek medical treatment in a timely manner.
You should drive safely and without fatigue in a manner that complies with applicable laws and regulations on road traffic safety, and ensure the safety of the cargo or items being picked up and delivered and your personal safety (including but not limited to the continuous driving time when you provide cargo transportation services not exceeding 4 hours).
You understand that JACARGO and JACARGO software are platforms that only provide transportation information for ordinary goods/articles, and you shall not provide any form of non-freight services to the party in need of cargo transportation (including but not limited to purchasing items on behalf of others, queuing on behalf of others, door-to-door feeding, pet companionship and other similar services) .
If you find that you and/or the participating vehicles do not meet the cargo transportation requirements proposed by the transportation service demander after grabbing the order, you should inform the service demander truthfully, promptly and completely, and negotiate a solution with them, and you must not conceal or delay. If you confirm to continue to provide cargo transportation services after reaching an agreement with the service demander, any liability caused by you and/or the participating vehicles not meeting the cargo transportation requirements proposed by the service demander shall not be related to JACARGO and/or JACARGO's affiliates or partners. You shall not hold JACARGO and/or JACARGO's affiliates or partners responsible for any inconsistency between any information in the transportation service and the order information.
In the process of providing cargo transportation services, if you find any security incidents that affect the service demander and/or yourself or JACARGO, please provide feedback to JACARGO in a timely manner.
You should strictly abide by the relevant road transport laws and regulations, national mandatory standards and industry standards to conduct appropriate inspections on the consigned goods/pickup and delivery items to confirm that there are no goods prohibited from transportation by applicable laws and regulations, dangerous goods that cannot be transported, and items that need to meet specific transportation conditions, and that the consigned goods/pickup and delivery items have been properly packaged (if there are no national or industry packaging standards, they should be packaged in accordance with the basic principles of ensuring the safety of cargo transportation), perform unpacking inspection and obligations stipulated by laws, regulations and relevant requirements of relevant departments before loading the goods, and bear the legal responsibilities involved in the transportation service process in accordance with the law (including but not limited to assuming all losses caused by failure to provide cargo transportation services or any actions during the transportation errands).
Article 7 Advertising
JACARGO reserves the right to review advertisements posted on the JACARGO Software.
JACARGO reminds you that before you accept any advertisement posted on the JACARGO software, please be sure to carefully read, understand and/or inquire about the details, accuracy and timeliness of the advertisement posted by the advertiser.
** **
Article 8 Obligations, Liabilities and Limitations
If you publish or provide any wrong, false, invalid, untrue, inaccurate, incomplete or outdated information and/or certification materials , or you fail to comply with any one or more of the commitments and guarantees in Articles 5 and 6 of this Agreement , JACARGO has the right to immediately suspend or terminate the provision of relevant services to you, restrict part or all of the functions of your JACARGO account, and terminate this Agreement. JACARGO does not assume any responsibility for this, and you shall bear all losses arising therefrom.
You shall bear all administrative liabilities (including but not limited to administrative penalties) caused by road restrictions, traffic management regulations, traffic control measures, illegal qualifications (including but not limited to the lack of road transport business license, operating license or professional qualification certificate), and all losses caused by the sealing or seizure of participating vehicles and/or transported goods and/or picked up and delivered items by relevant competent authorities (including but not limited to all losses caused to the transport service demander and/or service demander due to the sealing or seizure of participating vehicles and/or transported goods and/or picked up and delivered items). JACARGO and JACARGO software and/or JACARGO's affiliates or partners shall not bear any related liability.
JACARGO acts as an information service intermediary. JACARGO and JACARGO software only provide relevant services and do not participate in specific freight transportation service transactions and/or service transactions. When you use the relevant services, any disputes or liabilities arising from the freight transportation service transactions and/or service transactions themselves and between you and a third party should be resolved by you and you shall bear all responsibilities.
The content on the JACARGO software is delivered to you in an "as is" manner based on the existing technical level. Although JACARGO has made its best efforts to ensure that the JACARGO software can operate normally in your mobile terminal, JACARGO does not guarantee the performance of the JACARGO software and the compatibility of the JACARGO software with your mobile terminal .
JACARGO and JACARGO software and/or JACARGO's affiliates or partners shall not bear any liability for any impact on JACARGO's normal provision of services and related technical support due to force majeure or unexpected events .
You agree and confirm that JACARGO and JACARGO software and/or JACARGO's affiliates or partners shall not be liable for the following risks during your use of the relevant services:
(1) Improper operation by you;
(2) You use the relevant services in a manner not authorized by JACARGO and/or JACARGO software;
(3) Anonymous or pseudonymous information containing threatening, defamatory, offensive or illegal content;
(4) Being misled, deceived or otherwise causing any psychological, physical harm or economic loss;
(5) Other risks caused by online information or your actions.
h. You understand and agree that the positioning function provided by JACARGO software uses the Tel-com operator's base station location information. Due to various factors such as communication signals, JACARGO software does not guarantee the continuity of user use and the accuracy of location.
i . If you, as a transportation service provider: (i ) fail to confirm with the transportation service demander the number of personnel required by the transportation service demander before the cargo transportation journey begins; (ii) the number of such personnel exceeds the number of persons allowed to travel on the participating vehicles; and/or (iii) such personnel fail to comply with relevant road traffic laws and regulations, and you continue to provide cargo transportation services, you shall bear all losses caused thereby (including but not limited to all losses caused to the transportation service demander), and JACARGO, JACARGO software and/or JACARGO's affiliates or partners shall not bear any relevant liability.
j. If you do not verify whether the actual consignor of the goods/items is the same as the service demander who placed the order before providing the service and/or if the actual consignor is not the service demander, but you still provide the cargo transportation service to it and/or there is any person other than the transportation service demander following the vehicle, you shall bear all losses caused thereby (including but not limited to all losses caused to the transportation service demander and/or the service demander). JACARGO and JACARGO software and/or JACARGO's affiliates or partners shall not bear any relevant responsibilities, nor provide any form of guarantee for the quality, safety, legality of the consigned goods and the authenticity, accuracy and security of the cargo transportation service transaction and/or service transaction .
k. If you find that you and/or the participating vehicles do not meet the cargo transportation requirements proposed by the service demander after grabbing the order, but fail to inform the service demander truthfully, promptly and completely, or you confirm the provision of cargo transportation services after reaching an agreement with the service demander, you shall bear all legal responsibilities related to the undertaking behavior, such as all losses caused thereby (including but not limited to all losses caused to the transportation service demander and/or the service demander). You shall not hold JACARGO, JACARGO software and/or JACARGO's affiliates or partners responsible for any inconsistency between the transportation service and/or any information in the service and the order information.
l. If you suffer personal injury or property damage during the provision of cargo transportation services, or cause personal injury or property damage to a third party, you shall pursue legal liability against the responsible party or independently bear legal liability to the third party in accordance with the law. JACARGO and/or JACARGO's affiliates or partners shall not be liable for the aforementioned damages.
m. When you use the JACARGO software, JACARGO may access/embed auxiliary services such as maps or navigation to help you understand, familiarize yourself with or plan your transportation routes. You understand and agree that the route planning, travel navigation, traffic restriction reminders, traffic conditions and other functions and services displayed by auxiliary services such as maps or navigation are for your reference only. JACARGO does not make any guarantees or promises in this regard, so please do not use this as the sole basis for driving.
Article 9 Data Privacy
To protect your use of the various functions of the JACARGO software, you agree and authorize JACARGO to collect, use, retain and update your relevant information (including name, contact number, ID number, geographic location and other personal information) in accordance with the privacy policy published on the JACARGO software when providing you with relevant services. The specific collection scope, use rules, retention and update rules of individual information are detailed in the privacy policy. And you promise that the personal information you provide is true, accurate and up-to-date.
You agree and authorize JACARGO to verify the above personal information through legal means (only for verification purposes); you further explicitly agree and authorize JACARGO to transfer your personal information to the transportation service demander and/or service demander when necessary. The above "necessary circumstances" include but are not limited to: providing the transportation service demander with information of potential transportation service providers including you for consideration when the transportation service demander is looking for participating vehicles, and providing confirmation/clarification of transportation order information to the transportation service demander after you accept the transportation order.
You further agree that the collection, use, storage and transfer of your personal information shall be subject to the restrictions of JACARGO's Privacy Policy, which may be updated from time to time, and you must read and understand the above policies before agreeing to this Agreement. By installing the JACARGO software and registering, using the JACARGO software, and becoming a "JACARGO driver", you understand, agree and accept the restrictions of JACARGO's Privacy Policy.
You should pay special attention to the following: JACARGO is responsible for registering and managing your personal information and obtaining your consent. If you do not want JACARGO to register and manage your personal information, please inform JACARGO in a timely manner and cancel your account on the JACARGO software and uninstall the JACARGO software. JACARGO will delete your relevant information in a timely manner and stop providing you with relevant services.
Please be aware that JACARGO is fully aware of the importance of personal information to you. JACARGO will strive to adopt reasonable security measures in accordance with the provisions of laws and regulations to protect your personal information and privacy.
Article 10 Termination and liability for breach of contract
If you are a driver registered with JACARGO software, you must provide cargo transportation services to service demanders in accordance with the agreed service standards. If there are any breach of contract such as illegal charges, disruption of platform order, virtual transactions, transfer and resale of transportation order service information, whether the above behaviors occur during your service provision or after the end of the service, regardless of whether there is a complaint, you shall bear the breach of contract liability in accordance with the breach of contract liability clause below, and JACARGO has the right to terminate its cooperation with you depending on the breach of contract. JACARGO has the right to demand full compensation from you for any losses suffered by JACARGO and/or JACARGO's affiliates or partners due to your breach of contract.
Article 11 Fees and Settlement
You acknowledge and agree that you will judge whether you are willing to provide relevant cargo transportation services and choose whether to accept the order based on the charging standards and billing results displayed by the JACARGO software. Your choice to accept the order is deemed to be your acceptance of the charging standards and billing results of the JACARGO software, and you agree to complete the payment according to the payment path set by the JACARGO software. In view of the fact that there is no affiliation, labor, service, employment, partnership, joint venture or other relationship between JACARGO and you, the income and remuneration (if any) you receive from JACARGO will not be regarded as wages, salaries/salaries, labor remuneration, welfare benefits or similar income.
JACARGO has the right to make appropriate adjustments to the freight transportation services and/or service charging standards on the JACARGO software, the classification of vehicles eligible for transportation services, the method of charging fees, etc., and JACARGO will try to inform you in a timely manner. If you do not agree to the above adjustments, you should immediately stop using the relevant services provided by JACARGO and notify JACARGO to terminate the cooperation between the two parties. Otherwise, your choice to continue to accept orders will be deemed as acceptance of the above adjustments.
** **
Article 12 Dispute Resolution
You and JACARGO agree to negotiate amicably in the event of any dispute arising from the use of the JACARGO software; if the negotiation fails, both parties agree that any dispute arising from or in connection with this agreement shall be submitted to Hong Kong International Mediation Centre (HKIMC) for mediation, which shall be conducted in accordance with the Hong Kong International Mediation Centre’s Mediation Rules in effect at the time of mediation. Any settlement reached in the course of the mediation shall be referred to the Hong Kong Centre of International Commercial Arbitration (“HKCICA”) and shall be made a consent award on agreed terms. If no settlement is reached, it shall be referred to and finally resolved by arbitration administered by the Hong Kong Centre of International Commercial Arbitration (“HKCICA”) in accordance with the Arbitration Rules of the Hong Kong Centre of International Commercial Arbitration ("HKCICA Rules") for the time being in force by one or more arbitrators.
** **
Article 13 Others
Any losses or all losses suffered by JACARGO and JACARGO software and/or JACARGO's affiliates or partners mentioned in any clause of this Agreement shall include any compensation paid by JACARGO and/or JACARGO's affiliates or partners to any third party due to this Agreement or any amount paid as a result of settlement with any third party. JACARGO has the right to recover from you, and you promise to pay JACARGO such amounts in full.
If any provision of this Agreement is deemed to be repealed, invalid or unenforceable for any reason, the repeal, invalidity or unenforceability of such provision shall not affect the validity and enforceability of the other provisions of this Agreement.
Please be informed that JACARGO will, in accordance with the provisions of laws and regulations, make public the modification of the trading rules on the JACARGO software at least seven days before implementation. Please check carefully. If you do not agree with the aforementioned modification, you should immediately stop using the relevant services provided by JACARGO and notify JACARGO to terminate the cooperation between the two parties. Otherwise, your choice to continue to accept orders will be deemed as acceptance of the aforementioned adjustment.
Notice: JACARGO has the right to send you notices through the contact information you provide, including written notices sent electronically, including but not limited to announcements on the JACARGO software, sending text messages to the contact number you provide, sending emails to the email address you provide, sending system messages to you, and software site messages. JACARGO can choose any of these methods to send you notices, which will be deemed to have been delivered after successful delivery. You should ensure that the contact information you provide is accurate and valid, and update it in a timely manner. If the relevant notices, documents, and instruments cannot be delivered or delivered in a timely manner due to inaccurate contact information or failure to update, etc., which are not attributable to JACARGO, you will bear the legal consequences that may arise from this.
Article 14 Your Code of Conduct
If you log in to the JACARGO software application and accept orders or provide services to transportation service demanders through the application, you should strictly abide by the relevant specifications of this platform in order to provide high-quality cargo transportation services to service demanders. If you violate the above-mentioned relevant agreements, it will be deemed that you have breached the contract, and JACARGO has the right to require you to bear the liability for breach of contract under this agreement and to demand compensation from you for any losses suffered by JACARGO.