Terms and conditions of use
TROCK MARKET S.L.U. with International VAT number: ES B66125782 and registered office: LONGITUDINAL 4, Nº 22 PLANT 2 OFFICE 81 08040 BARCELONA (BARCELONA)
The present terms will be those that appear in the regulation of the relationship between the parties within the framework of their existing relationship as a consequence of the use of technological services based on the tool or platform:
“Platform” refers to the technological tool made available to users in the form of mobile applications and identified as GoodTruck and published both in the App Store and Google Play, through which both Carriers and Companies can get in touch to manage Merchandise Shipping Services.
“Load” refers to each of the offers published on the platform by a third party, in relation to goods to be transported by a third company that has access to the Platform, and regardless of whether they have been accepted by No Carrier.
“Truck” refers to each of the offers published on the platform by a third party, in relation to the capacities of trucks that have access to the Platform, and regardless of whether they have been accepted by any Company.
“Services” refers to each of the agreements reached through the tool or technological tools between third parties and in relation to charges published by a Company and accepted by a Carrier, this always t7777hrough the use of the technological tool of GoodTruck.
“Carrier” refers to any natural or legal person, organized in the corresponding form as established by law, (for example, transport company, self-employed, etc.). That under its responsibility it affirms to fulfill with all the legal requirements to offer said services. The Carrier must be registered in the Platform having completed all the obligatory data for said registration.
“Company” refers to any individual or individuals or legal entities that comply with the legal requirements under their strict liability, and that are registered in the technological tool or Platform, under the name in illustrative terms of: “Loaders”. The companies will therefore publish the needs on charges that they wish to channel through the use of the technological tool or on the Platform.
2.1. Any Company that intends to publish Cargoes or Trucks through the technological tool and thus be able to start using it, must have previously made the corresponding registration, filling in the pertinent data, as well as sending the information that is required by GoodTruck in each At this time, it accepts that electronic communications are sent to these purposes.
3. OBLIGATIONS OF GOODTRUCK
3.1. GoodTruck makes available to carriers and companies the use of the services enabled through its technological tool developed in order to serve as a meeting place, published, contact and therefore performs only mediation work based on technology, between carrier and Company.
3.2. Once the mediation and contact tasks detailed in the previous point have been carried out, the Company and the Carrier must only and exclusively negotiate, agree and reach a consensus on the conditions in which the specific Service in question is carried out. Since GoodTruck only provides a “Space” in technological form for these contacts to happen.
3.3. GoodTruck does not the veracity of the data published by the Companies on the Cargo to be transported, it is the exclusive responsibility of the Carrier who ultimately confirms and ensures with the company requesting the Cargo the details and conditions in which it must be carried out.
3.4. GoodTruck performs, as indicated, mere mediation and contacting work, which consequently means that in no case will be the payer for the services performed in each transportation service, being guaranteed by the Companies to the Carriers, nor will warrant that the Services contracted are carried out in the terms and conditions agreed between the Company and the Carrier. Since under no circumstances directly or indirectly in the payment of services subscribed between third parties or parties.
4. OBLIGATIONS OF THE COMPANY
4.1. The payment of the services provided by the Carrier, at the prices that both parties have agreeded, for each of the services will be the sole and exclusive obligation of the Company. Said payment must be made in the form, terms and conditions agreed with the Carrier. The omission of the previous obligation by the Company will constitute a serious breach.
4.2. The Companies commit that each of the published loads must always correspond to goods subjected to the standard of palletization, a matter that is the sole responsibility of the company. They must expressly warn of any type of merchandise that could be dangerous. In any case, the Carrier must be previously warned of any Cargo that may be left of what is considered a standard palletised merchandise.
4.3. Once the Cargo has been accepted by a Carrier and therefore considered a Service, it cannot be revoked by the Company, being therefore sole and exclusive responsibility of the latter, of a contractual nature and will incur the effects that derive from the cancellation of the Service at the time stated above.
4.4. The Company, along with the Carrier, will be the sole and exclusive responsible for completing and delivering as much documentation as necessary relative to each of the Loads and other details that correspond to each Service that they perform.
5. PRICES INDICATED ON THE PLATFORM
5.1. All the prices that appear in the Platform are exclusively indicative and not binding for the parties, all this regardless of the obligation to accrue all the taxes corresponding to said services for each of the parties.
5.2. GoodTruck will not be responsible for the final amount of the services or the form, medium or result of the payment by the Company to the Carrier, regardless of the indicative budget generated by the platform, as well as the amount that the Company and Carrier may have agreed.
5.3. In the same way, GoodTruck in no case will be responsible for the terms and / or conditions in which the payment of the amounts to be paid for each of the Services finally takes place. Given that its role is exclusively to provide services of use of the technological platform as a space for mediation and meeting of the parties.
6. LEGAL RELATIONSHIP
6.1. The relationship between the company and GoodTruck is governed, in any case, in the form of a service provision for the use of a technological tool of mediation and meeting that facilitates its offer and contracting, all this between legal entities and independent being totally excluded the possibility of understanding it as an employment relationship, or dependence and collaboration in transport, being submitted for its application, execution and interpretation to the clauses contained in these Terms and Conditions and in all matters not regulated is subject to the regulations corresponding to the contract of Leasing Services of the Civil Code.
6.2. Therefore, none of the agents, employees or representatives of each party, will be understood as worker or employer of the other party, not being applicable labor regulation.
7.1. In the event that during a Service contracted through the Platform there is a loss and as a consequence of this a Load of a Company is affected, it will be only and exclusively the Carrier who will respond before said circumstance before the Company. Since GoodTruck does not participate directly or indirectly in the activity of freight transport. It is a mere provider of technological services.
7.2. As a result of the above, GoodTruck in no case is responsible for compliance, in accordance with the terms and conditions agreeded between the Company and Carrier of each of the Services, as well as not responsible for the content of each of the Loads transported in each Service.
7.3. As indicated in the third clause, GoodTruck acts as a mere intermediary and therefore does not assume any responsibility neither against the Carrier nor against the Company.
8.1. These general conditions of contract will be in force as long as the company continues using the technological tool to which reference has been made throughout this document in any of its variants.
8.2. Failure to comply with any of the obligations established in this document of terms and conditions by the company, may result in its immediate resolution of the agreement for the use of the technological tool, without the company having anything to claim for such circumstance. to GoodTruck.
8.3. In the event that the company incurs a breach of the terms and conditions, said circumstance will be notified by GoodTruck, indicating the breach committed as well as the possible expulsion of the carrier for the use of the technological tool.
9. CONFIDENTIALITY AND INDUSTRIAL AND INTELLECTUAL PROPERTY
9.1. Nothing in these Terms and Conditions, implies an intention of the parties to grant to the other their rights of Industrial and Intellectual Property. GoodTruck expressly reserves the right of Industrial and Intellectual Property over all the Trademarks and Trade Names, as well as the rest of the Intellectual and Industrial Property elements, of its property, and of which the company may have known by any means.
9.2. This agreement also does not grant any right on the “Confidential Information”, except in the manner expressly stated in this Agreement.
10. LIMITATION OF LIABILITY
10.1. Except as expressly provided in any clause of this Contract, or unless otherwise agreeded, GoodTruck will not under any circumstance be liable for any damages, penalties, compensation or event giving rise to a possible requirement for compensation, including, but not limited to, the responsibility for the description and reality of the Cargo, its status, and obligations as a Company, whether detectable or referred to hidden defects, considered responsible for indirect or circumstantial facts, without being restricted to these assumptions, part of the Company and / or third.
11. APPLICABLE LAW AND JURISDICTION
11.1. The obligations derived from this document of General Contracting Terms will be governed in all cases by the legal regulations of the Spanish State.
11.2. Both parties expressly and voluntarily submit to the jurisdiction of the Courts and Tribunals of Barcelona, for any dispute or claim that may arise in relation to the Contract or its content.