GENERAL TERMS & CONDITIONS OF USE OF THE
APPLOAD DIGITAL PLATFORM

The present document regulates the general terms and conditions of use of the Appload platform that you have just accessed (hereinafter the Application or platform, which meaning is the same). The same consists of an online digital tool composed of this Application and an online portal. The Appload platform intermediate services and connects professional Transporters and customers who wish to use the services of such Transporters. Appload is authorized to use, update, manage, assign any rights of any kind, nature, duration or type over the Appload platform.

By the present, represented by its CEO Claire Hassoun, who holds the necessary powers for this act (hereinafter referred to as 'APPLOAD')

Through this document, Appload clarifies the terms and conditions for the use of the platform (but never for the sale of the same) by any Users, therefore it can only be used in the ways established here. For this reason, the use of the platform does not include any cession of intellectual property rights or patents and all data provided by the User is the property of the user and only for use by Appload.

The use of the Application automatically attributes the condition of User and implies full and unreserved acceptance of all the provisions included in these Terms and Conditions in the form in force for each use. Regardless of the part of the territory in which you are located or the business sector in which you operate, these terms and conditions will always apply to you.

If you do not accept in full any of the conditions set out, you must not access/use the Application. By consulting, using or downloading the content of the Application, you are agreeing to comply with the conditions set out in this document.

The Application is intended for the following types of Users: companies that have cargo to transport in SADC and companies or individual entrepreneurs that, for the terms and effects of the General Conditions and Services Agreement, are accepted by Appload, and for the period that Appload determines, as able to render the transport service, by virtue of having fulfilled all the obligations foreseen in this Agreement, in these Terms and Conditions and hold a professional licence to transport cargo, national or international.

The Application may be downloaded free of charge through mobile devices with Android and IoS operating systems. If you do not fully accept any of the conditions set out, you must not access/use the Site and or the platform. By consulting, using or downloading the content of the Site, you are undertaking to respect the conditions established in this document.

The User may use the Site without any need to register. However, some of the functionalities of the Site may require registration.

For all purposes and unless otherwise provided in writing, any references made in this document to "User" shall always and without any doubt mean not only the Users but also the Transporters, who shall always be classified as Users for all purposes.

To provide better service to the User, the Application uses cookies, which are small text files that are placed on a hard drive by a Web page server. All Appload Applications that ask for User's password and name to log in, or that can be personalized, require that cookies be accepted to have access to all available features.

The Application may collect information through temporary or session cookies. These cookies disappear when the web browser is closed, not being recorded on the User's hard disk and being stored only in temporary memory that is erased after closing the browser. The use of these cookies is intended to determine, for example, how the Application is used by Users, thus allowing us to improve its design and functionality. Temporary cookies are not associated with any type of personally identifiable information.

The User may, at any time, limit or restrict the admission of cookies through the options of the browser used.

The use of the Application depends on the previous registration of the User's profile.

The User must provide truthful information and update it whenever it changes. To remain registered with Appload at all times, the User shall update the information whenever necessary and/or required by Appload, and the User understands that the nature of the services in question requires diligent, voluntary, attentive and zealous behaviour regarding the sharing of elements and information. Appload reserves the right at any time and in any manner to restrict or completely terminate the use of its platform to those Users that do not provide all required information. The provisions contained in this paragraph apply to all interactions entered into between Appload and any User, i.e., and for the avoidance of doubt, also to the binding (e.g. signing) of any forms, agreements or other documents governing the relationship between Appload and Users.

Appload shall not be liable for any damages arising from the improper or negligent use of the password defined by the User to access the profile. The User shall ensure the confidentiality of its password.

After submission of the registration form, it will be subject to analysis by Appload. Only after its approval the User will have its account active and access to all services and content available in the Application.

The User may not in any way enter unique data or records into the Appload service and thereby alter or corrupt the Appload system or open it to third parties. The User agree to indemnify Appload for any third-party claims that are brought as result of User's entry of incorrect User data.

The Application provides the User a digital marketplace and online logistics, common access to all other users of the Application and a private User area of exclusive access of the User.

On the public communication platform, the User can make a freight request, view the offers (quote, truck and driver assigned to the journey), of Transporters interested in transporting, select a Transporter, pay online, as well as monitor the journey, follow the status and location of the driver who transports the cargo, from origin (loading site) to destination (unloading site), view the delivery note of the journey, and evaluate the journey.

IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS LICENSE, YOU MUST STOP THE DOWNLOAD/INSTALL PROCESS AND NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.

As with any computer program the User acknowledges that the App is undergoing development, which involves constant testing and evaluation and is therefore not yet a final product.

The User acknowledges and declares that he is aware that the use of this App is not equivalent to the execution of a contract of transport with Appload or its appointment as a freight forwarder, as the contract of transport will be concluded between the User and the Transporter, who will provide, prior to the shipment of the cargo, the respective terms and conditions for the performance of the transport. If the User does not receive such terms and conditions, shall report to Appload who will endeavour to ensure that such terms and conditions are met as soon as possible until loading.

Anything that concerns, and for the purposes of the contract of transport of goods, the following aspects: a) indication of the make, number, quantity or weight of the goods; b) statement of the nature or value of the goods; c) issue of receipt for the goods; d) confirmation of the loading of the goods; e) notification of the terms and conditions of the contract; f) giving instructions to the Transporter; g) claiming delivery of the goods; h) authorisation to take delivery of the goods; i) notification of breakdown or loss of the goods; j) provision of any other information regarding the fulfilment of the contract; k) promise to deliver the goods to the designated person or the person authorized to claim the delivery; l) granting, acquisition, withdrawal, refund, transfer or negotiation of rights over the goods; m) acquisition or transfer of rights and obligations arising from the contract, will be subject to agreement and exchange of correspondence between the Transporter and the User.

Appload is not a freight forwarder or Transporter and as such the User agrees and acknowledges that we have no responsibility or liability for (a) any cargo which, for the avoidance of doubt, will at no time be in our possession, custody or control; (b) transportation or insurance of any cargo; (c) choice of Transporter; (d) approval of the Shipper (f) compliance between the Shipper and Transporter with the Transporter's Terms and Conditions or associated policies and procedures, regardless of whether the Shipper and/or Transporter use the Application; or (h) processing claims for loss of or damage to cargo, which shall be resolved between the Shipper and Transporter in accordance with the Transporter's Terms and Conditions.

Appload and Transporter shall not, under any circumstance be liable for any loss or damage of any nature whatsoever, for any delays in loading, offloading, or transport due to unforeseen circumstances beyond the control of the transporter, including but not limited to poor road conditions, adverse weather conditions, heavy traffic along the route, unrest in specific areas, and armed conflicts. To the extent, that the any such delay is caused by the Transporter then in such event the Customer must institute a claim, if any, against the Transporter directly in terms of the Transport contract. Appload shall have no liability or responsibility for any consequences arising out of any delays whatsoever.

Access to loading and offloading sites shall be the responsibility of the Customer and shall be prepared within a reasonable time prior to the arrival of the Transporter to enable safe and expeditious passage and loading or offloading. Unless otherwise agreed between the Customer and Transporter, the Customer will be responsible for the loading and offloading processes of goods at all times, (which includes but is not limited to loading the cargo in the quantity specified in the loading guide, securing it properly to minimize damage during transportation, and providing the necessary documents to the transporter), without involving the transporter’s personnel. If loading or offloading exceeds 24 hours, Transporters have the right to charge demurrage costs to the Customer.

National or International Transport

The Transporter guarantees that all transportation of goods carried out through a service contracted through the Appload platform will comply with all applicable legislation and that the Transporter's liability will be determined under the general terms of law applicable to the transport service.

The User who wishes to contract a transport service through Appload assumes all responsibility regarding costs, operation and management of refunds or returns of any goods sent and that the recipient is entitled to a refund under applicable law.

In addition to the general conditions of transport, the User may indicate special conditions under which he wishes to see the transport service provided which, upon prior validation by Appload, will be accepted by the Transporter when confirming the service unless otherwise agreed in writing with the User.

In addition to the general conditions of transport, the Transporter can indicate special conditions under which he accepts to provide the transport service, which, upon prior validation by Appload, will be accepted by the User when confirming the service, unless he and the Transporter agree otherwise in writing.

Appload shall not under any circumstances, unless explicitly agreed otherwise, be obliged to insure any goods being loaded, transported, conveyed, offloaded by the Transporter and it shall be the sole responsibility of the Shipper and/or owner of the goods to insure, at his / her cost and in a timely manner the goods against loss or damage of whatsoever nature and from whatsoever cause whilst being transported, conveyed, loaded, offloaded by the Transporter.

The Transporter will be responsible for third party insurance in respect of claims by the third parties and specifically claims resulting from carrying hazardous goods, as applicable and in accordance with what is agreed between the parties in the Transport Contract. Appload shall under no circumstances accept liability for such claims.

In cases where the Transporter has goods-in-transit insurance in place for the goods being loaded, transported, transferred, or unloaded by them, and declares it, Appload will inform the Shipper. In this case, the Transporter will also be responsible for the Shipper's claims, and Appload cannot be held liable under any circumstances for such claims.

Appload, if requested by the Shipper, may assist the Shipper in obtaining a cargo insurance policy for the goods being transported for their journey. Upon express instructions and agreement provided in writing by the User and accepted in writing by Appload, Appload will contact Hollard and potentially other insurance partners to get a quotation and share them with the User. Appload may effect insurance for the goods as an insurance aggregator for Hollard insurance, or put the User directly in contact with their partnering insurance providers to agree and pay the insurance policy. All insurances effected by Appload are subject to the usual exceptions and conditions of the policies of the insurers or underwriters assuming the risk. The User must provide the value of the goods, complete information on the goods, and explicitly request insurance to enable Appload to provide an accurate quote for the insurance coverage, acting at all times as insurance aggregator for Hollard insurance or as a linking platform to other insurance service providers.

Appload may, from time to time, partner with third-party service providers, such as Hollard and other insurance companies (“Partners”) to offer promotional benefits or bundled services to the User. These offers may include discounts, special rates, or enhanced services. Participation in promotional offers is subject to separate agreements between Appload and its Partners. The User agree to abide by the terms of this Agreement as well as the specific terms and conditions of each promotional offer, which may vary in availability, eligibility criteria, and duration. Appload reserves the right to modify, suspend, or terminate any promotional offer at its discretion. The User participates voluntarily and accept any associated risks or liabilities.

If the User decides to purchase a goods-in-transit insurance policy through the Appload Platform, he / she will be entering into a separate contract: a contract between the User and the Insurance Company regarding the provision of insurance, subject to the terms and conditions mentioned in the insurance policy without Appload performing any mediation function. The insurer will charge the User the insurance premium together with applicable taxes (if any) on behalf of the Insurer and will also charge a fee for the mediation service (if any). In either case, the Client will have access to the insurance policy before being bound by a contract or payment obligation. We recommend the carefully reading of the terms and conditions of your insurance policy.

The Platform may in this context contain links or forwarding's to third party websites where third party products and/or services are offered. These links or redirects may lead to completely independent websites or to a micro website technologically managed by Appload or the provider, depending on the current commercial partnerships at any given time. In both circumstances, if the User purchases any product or service from such a website, he will be bound by a direct contract with the respective provider without Appload's mediation. As such, he will have to accept and apply the terms and conditions imposed by such entity.

Should the insurer dispute its liability in terms of any insurance policy in respect of any goods, the User concerned shall have recourse against such insurer only and Appload shall not have any responsibility or liability whatsoever in relation thereto.

Regarding the refunds provided for in the points above of this Clause, Appload commits to processing them in the shortest possible time, considering the circumstances related to the payment method used, as well as the limitations imposed by third parties, in compliance with all applicable legislation on this matter, and therefore, making all efforts to process the refunds within a period of less than 20 business days.

Whereas you agree to comply with the Terms and Conditions of this Application, and subject to compliance with the above rules, we make available this revocable, non-exclusive, and non-transferable license to use the Application, for a period of six weeks.

Users are required to use the App correctly and in accordance with its intended purpose. Misuse of the App may result in various issues during the trip, for which Appload shall not be held liable for. Proper App usage is imperative to ensure the smooth operation of services. The User irrevocably agrees that it shall be solely liable for any risks and loss that arise from misuse of the App.

Appload is under no obligation to provide updates to the Application, malware signatures, or any other updates to content used by the Application, such as virus and spyware definitions, firewall rules, and vulnerability data. If Appload decides to provide such updates, they will be part of the Application for all purposes assumed in this Application. The User acknowledges that the ratings given by Users with respect to the Shipper or the Transporter represent the opinions of the Users who posted those ratings and not the opinions of Appload.

Agrees to indemnify and defend us against all liabilities, costs and expenses (including all interest, penalties, legal fees and other reasonable professional costs and expenses), damages and losses suffered or incurred by us arising out of or in connection with any breach by you of this Application.

The User acknowledges that the Application is not a finished product and as such may contain various errors, defects and may be unstable for technical reasons not attributable to Appload. The Application is provided to you on an ‘as is' basis, and these Terms and Conditions set out the full extent of our obligations and liabilities in relation to the provision of the Application and the Documents in connection with the provision of the transportation intermediation services. Except as expressly stated in these Terms and Conditions, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the provision of the Application and Documents that may be implied or incorporated into these terms and conditions, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

The User acknowledges that the Application has not been developed to meet his/her individual needs and it is therefore User responsibility to ensure that the facilities and functions of the Application, as described in the Documents, meet your requirements.

The User shall be responsible for the content of information sent or transmitted to the Application. The User acknowledges that the use of the Site may not be 100% secure, that information sent to or received from the Site may be intercepted by unauthorized parties, that Appload is not responsible for breaches of communication security, and that Appload assumes no responsibility for any third-party misuse of your information. The User acknowledges that access to and use of the Application may be interrupted and that the information in the Application may contain software errors of any kind, server or access failures, viruses, bugs, errors, technical failures, problems or other limitations. To the fullest extent permitted by law, Appload excludes any liability, direct or indirect, for your use of the Application.

The Application does not configure the provision of transport services and its use in no case replaces the need to conclude a contract of transport between the User and the Transporter. The Application only performs an intermediary role, never acting on behalf and/or in representation of any of the parties, and all issues relating to transport and the provision of transport service should be coordinated and established directly between the Transporter and the User.

The Application does not assume any responsibility related to the cargo Transported, its embarkation or disembarkation or any other conditions and benefits of responsibility of the Transporter, to which the User has had access by consulting the terms and conditions of transport. For the purpose of this Clause, Appload also makes it clear to the Users (i.e. the Transporters) that all limitations of liability and forms of exclusion and limitation of liability in Clause Seven, Eight and Nine of the General Conditions and Service Contract are reproduced for these purposes, and therefore Appload shall not assume any liability to the Transporter, nor be jointly or severally liable to the other Users in respect of any damages, losses or breaches caused by or as a result of the provision of the transportation services.

Appload only provides the Application and Documents for your internal business use and the User agrees not to use it for resale purposes.

It is User's responsibility to take precautions against possible harm resulting from the use of the Application and to maintain and protect all data and information that you retrieve, retrieve, transform, upload, store, or process using the Application. The Application should never be used for confidential and/or valuable information except as expressly requested.

The Application may contain links to third-party websites, services, and advertisements. These sites, services and advertisements are not under our control and we are not responsible for them, nor do we monitor, review, approve, warrant or have any representation in relation to them. Your use of all such sites/services/advertisements is at your own risk and sole responsibility

The location data made available on the Application is for basic location purposes only and is not intended for situations where accurate location data is relied upon or for situations where incorrect, inaccurate or incomplete data could lead to death, personal injury, damage to property or the environment or any other loss. Neither we nor any of our content providers can guarantee the availability, accuracy, completeness, reliability or timeliness of any location data displayed on the Application. The geolocation data that You upload, provide, or post to the Application may be accessible to certain other Users of the Application, and You assume all risk and liability in connection with providing such data to other Users of the Application.

The User acknowledges that all intellectual property rights in the Application and the Documents belong to Appload, anywhere in the world; that the rights in the Application are licensed (not sold) to User and that User have no rights in or to the Application or the Documents other than the right to use them in accordance with the Terms and Conditions of this Application.

User confirms that has no rights to access the Application in source code form.

The User will maintain and warrant that any and all persons, companies, corporations or organizations associated with him/her will hold all Confidential Information in confidence and will not disclose them to any person unless permitted under Clause 6.

Appload will only use personal information in accordance with the data protection laws applicable in Mozambique.

If applicable to the User, subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Appload's right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Website, App, WhatsApp Groups, Social Media Account of Appload or its staff and employees.

The User agrees and acknowledges that the consent provided by the User herein satisfies any "writing" requirement.

Appload may, in its sole discretion, change any of these Terms and Conditions at any time. It is the Users responsibility to regularly check these Terms and Conditions and make sure that they are satisfied with the changes. Should the User not be satisfied, then it must not in any other way use, the Application. Your continued access to or use of the Application will constitute acceptance of the revised Terms and Conditions.

Any such change will only apply to the Users use of the Application after the change is displayed on the Application. If the User use the Application after such amended Terms and Conditions have been displayed on same, the User will be deemed to have accepted such changes.

The right to use the Application will terminate automatically at the end of the time described in Section 2.1.

We may at any time and for any reason modify, suspend, discontinue, or deny access to the Application (or any part thereof) or terminate this Beta Licence without notice to you and without any liability or obligation whatsoever in connection with such action, if there shall be no record of any contracted or outstanding service.

Notice and Communications. Please note that any notice given by you to us or from us to you will be deemed received and properly served: immediately when posted on our website, 24 hours after an email is sent, or 7 days after the date of posting of a letter using a recognized international courier service. To prove the sending of any notice, it shall be sufficient, in the case of a letter, that such letter has been correctly addressed, paid for and posted, and, in the case of an email, that such email has been sent to the specific email address of the addressee and no notice of non-delivery has been received. Assignment. Appload may transfer our rights and obligations under this Application to another organization, however, it will have no effect on your rights and obligations under this license.

Entire Agreement. The Application and these Terms and Conditions constitute the entire agreement between both parties and supersedes and extinguishes all prior agreements, commitments, insurance, warranties, representations, and understandings between both parties, whether written or oral, relating to the subject matter hereof. You agree that you will have no recourse in respect of any statement, representation, warranty, or guarantee (whether made innocently or negligently) which is not set out in this license, or any document expressly referred to in this license. The User agrees that it shall have no claim for innocent or negligent misrepresentation or misrepresentation based on any statement contained in these Terms and Conditions or arising out of the use of this Beta Licence or any document expressly referred to in it.

Severability. Each of the Terms and Conditions of this Beta Licence operates separately. If any court or competent authority decides that any of them is illegal or unenforceable, the remaining Terms and Conditions shall remain, in full force and effect.

Waiver. If Appload does not insist on User's performance of any obligation under this license, or if we do not enforce our rights against you, or if we delay in doing so, it does not mean that we have withdrawn our rights against you, and it does not mean that you will not have to perform those obligations. If we waive a default by you, we will only do so in writing, and that does not mean that we will automatically waive any subsequent default by you.

Language. These Terms and Conditions are written in English and Portuguese. In the event of any discrepancy the English version shall prevail.

No Agency or Partnership. Nothing contained in this Beta License shall be construed as creating any agency, partnership or other form of joint venture between Appload and User or the Transporter

Third Party Rights. A person who is not a party to this Beta License shall have no rights to enforce any term.

Applicable Law and Jurisdiction. These terms and conditions and access to the Application are governed by the Laws in Force in the Republic of Mozambique, alternatively if the User is not domiciled / registered in Mozambique then these terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. In case of any dispute, the same shall be settled amicably between the parties or by arbitration under the terms and regulations provided for by the Arbitration, Conciliation and Mediation Center based in Maputo alternatively if the User is not domiciled / registered in Mozambique then the dispute will be arbitrated in terms of the Rules of the Arbitration Foundation of South Africa, in Gauteng. Each party shall be entitled to appoint an arbitrator, the arbitration shall be conducted in Portuguese language alternatively if the User is not domiciled/registered in Mozambique then in English and its decision shall be unappealable.

The payments of the services advertised by Appload will be made through bank wire transfer to the bank details and in the currency indicated in Appload invoice sent by email.

Appload’s rights in terms of this clause shall not be exhaustive and shall be in addition to any of its other rights under this Agreement, in law or otherwise.

In both scenarios, the User acknowledges that by using these alternative communication methods, they accept and agree to Appload’s terms and conditions as if the transactions were conducted through the App.