BASIC RULES
This listing is not a substitute of the User Agreement that is described below these basic rules. By using our Platform, you are accepting both these basic rules and the User Agreement.
BASIC RULES FOR CLIENTS
1. The information you submit on a cargo request should be valid and true, i.e., the dimensions and weight you describe must correspond entirely to the real dimensions and weight of the cargo you want to transport. If, after accepting a proposal, the respective transporter can’t complete the shipping service due to the discrepancy between the information that was submitted in the cargo request and the real dimensions or weight of the cargo, the transporter will not be obliged to complete the shipping service, and MUB cargo will not refund you, as the shipper has already had the cost of travelling to the pick up address.
2. After accepting a price proposal, you should contact the transporter directly, as MUB cargo is not a transporter or freight forwarder, but a platform that facilitates the contact between transporters and people who need to transport cargo. If, for any reason, you feel you should contact MUB cargo for other reasons besides the transportation of your cargo (e.g. questions regarding the use of the platform itself) you should contact us by e-mail using the following address: info@mubcargo.com.
3. If you have accepted a proposal after submitting valid information about your cargo and, for some reason, you can’t contact the respective transporter and he/ she hasn’t completed the transportation service, you should contact MUB cargo immediately to info@mubcargo.com explaining your situation, in order for MUB cargo to try and contact the transporter directly. On these situations, unless there is a valid reason (i.e. information that wasn’t clear/ valid in the cargo request) for the transporter not to complete the transportation service, MUB cargo will refund you in the total amount you have paid for the service.
4. If you have any doubts on what type of cargo is allowed on our platform or not, please consult the topic 14 on the User Agreement described below these basic rules.
5. You understand that certain price proposals, accepted or not, may be cancelled for external reasons. If you had already accepted and paid one of these proposals, and for some external and unavoidable reason for which the transporter should have proof of such proposal had to be cancelled, MUB cargo will refund you in the total amount you have paid.
BASIC RULES FOR TRANSPORTERS
1. By accessing a cargo request and submitting your price proposal, you are guaranteeing that you are able to complete that shipping service for that price, and that you have read and accepted the cargo information that was submitted by that client, the respective pick up and delivery addresses, along with the timeframes for the service. If, after arriving to the pick up address, you have noticed that the real dimensions and weight of the cargo to transport do not correspond entirely to what was submitted in the cargo request, and after trying to solve that issue directly with the customer, you should contact MUB cargo immediately to info@mubcargo.com explaining your situation and attaching all the related information (e.g. photos of the real cargo and screenshots of the cargo details on the platform).
2. Not completing a shipping service after submitting a price proposal without giving us a valid explanation (i.e. proof that the information on that cargo request wasn’t clear/ valid) may and will most likely lead to the cancellation of your account on our platform.
3. After submitting a price proposal, if for some reason you have to cancel that shipping service, you should contact MUB cargo directly, even if that proposal wasn’t accepted yet. Unless there is a valid explanation for the cancellation of that price proposal (i.e. an external and unavoidable reason for which you should have proof of), such action may and will most likely lead to the cancellation of your account on our platform.
4. When completing a shipping service for which one of your proposals was accepted, you should contact the client directly to confirm the information on the cargo request and you should confirm the pick up and delivery of the cargo directly on our platform, following the guidelines that were sent to you when your were informed that your transporter account was confirmed.
MUB CARGO User Agreement
This document describes the terms with which MUB CARGO offers you access to our services. This agreement describes the terms and conditions applicable to your use of our services available under the www.mubcargo.com domain. The User Agreement constitutes a legally binding agreement between you and MUB CARGO. This agreement is effective on April 8, 2016 for all users. These terms and conditions apply to the services available from the domain and sub-domains of www.mubcargo.com and the Mobile App MUB cargo. If you reside in a country that is a member of the E.U., by using the services on the MUB CARGO website and mobile app you are agreeing to the following terms and the general principles. Please ensure that you read and understand these terms in, and linked to, this User Agreement before you join because you will be bound by the terms once a contract comes into existence between us. If you do not accept these terms, do not use the website. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of our website. These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and MUB CARGO, Lda. (“MUB CARGO”, “we”, “us” or “our”). The MUB CARGO Platform provides a marketplace where persons who seek transportation for certain products (“Clients” or “Senders”) can be matched with persons driving to or through those destinations (“Transporters” or “Shippers”). Shipping customers and Clients are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the MUB CARGO Platform. For purposes of this Agreement, the driving services provided by Shippers to Shipping customers that are matched through the Platform shall be referred to collectively as the “Services”. MUB CARGO DOES NOT PROVIDE TRANSPORTATION SERVICES, AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE SHIPPER TO DECIDE WHETHER OR NOT TO OFFER A SERVICE TO A SENDER CONTACTED THROUGH THE MUB CARGO PLATFORM, AND IT IS UP TO THE SENDER TO DECIDE WHETHER OR NOT TO ACCEPT A SERVICE FROM ANY SHIPPER CONTACTED THROUGH THE MUB CARGO PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE MUB CARGO PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH TRANSPORTATION SERVICE PROVIDED BY A DRIVER TO A SENDER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN SUCH PERSONS. By creating your User account and using the MUB CARGO Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the MUB CARGO Platform or the Services.
1. MUB CARGO is a Neutral Venue
MUB CARGO is not a Transportation Service Provider, transport company, freight forwarder or broker. Our mobile app acts as a venue where Clients and Shippers can meet and enter into agreements. We are not involved in the actual transaction between Clients and Shippers. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. MUB CARGO does not prequalify or validate the claims of Shippers including with respect to their licensure, insurance and registration. We and our mobile app function solely as a neutral venue and digital clearing house where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between Clients and Shippers, we have no control over the accuracy of listings, the ability of Shippers to transport items, or the ability of Clients to send items. We cannot ensure that a Client or Shipper will actually complete a delivery.
2. Membership
You agree that you can form legally binding contracts under applicable law. Our services are not available to temporarily or indefinitely suspended MUB CARGO members. You acknowledge that you are at least 18 years of age. Minors may only use this service in conjunction with their parents or guardians. Your MUB CARGO membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the website and mobile application are for services only and that work that you provide will only involve services. You agree that you will not use your participation in the MUB CARGO mobile app as a means to sell or market any types of goods or products, unless specifically allowed by MUB CARGO.
3. Other Terms and Conditions
We have the right to revise and amend these terms from time to time by email or by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective once they are posted. This User Agreement may not be otherwise amended except in writing hand signed by you and us. For the purposes of this provision, “in writing” does not include an email message and “hand signed” does not include an electronic signature. Once notice is given of any changes to these terms and conditions you can choose to cancel your registration without penalty before the new terms affect you.
4. Fees
There are currently no fees to join MUB CARGO. The only fees applied in MUB CARGO are related with the commission fee, which covers the final price established for the service between the Shipper and the Client. The amount for such service charge will be displayed for customers before they accept any quote. Shippers are charged a base transaction fee based on a tiered percentage of their accepted quote price. The agreed service charge determines the fee that applies, which may change from time to time. Unless otherwise stated, all fee schedules are based in Euros (“EUR”). Changes to the fee schedule are effective by posting the changes on the MUB CARGO site and mobile app. For quotes placed in a different currency, we will use the conversion rate on the quote date to calculate the booking fee. This fee is only charged if a Shipper’s quote is accepted by the Client. If in any billing period, we are not able to charge the Client’s credit card on file the full amount owed us, MUB CARGO reserves the right to charge the credit card for fees associated with specific matches or transactions that occurred on our mobile app. Account credits resulting from prepaid deposits (see Section 5) will offset the fees due to MUB CARGO. MUB CARGO reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our website or mobile app. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your username and password, including fees. We recommend that you not disclose your MUB CARGO password or any account sensitive information to any third parties.
5. Payments
MUB CARGO collects the total price before the delivery is completed. To do that, the Client is required to pay the service using one of the payment methods available on our mobile app. The amount of money already free of the transaction fees mentioned above will be transferred to the Shipper after a proper confirmation of the service is made from the Client. MUB CARGO Payments is not an escrow service as customers retain the right to control their payment(s). Releasing payment is the equivalent of making a non-reversible cash payment. Shippers can only ask for the payment after the load is delivered when being paid through MUB CARGO Payments. Cancellations can only be initiated if the funds have not been released to the Driver through MUB CARGO Payments. Customers will receive a full refund of funds paid via MUB CARGO once a cancellation is completed. In the event that the code is released before a dispute is reported, MUB CARGO reserves the right to suspend both parties, debit the transporter’s account for the amount owed and/or not issue a credit or refund for any or all of the amount paid through MUB CARGO Payments by the customer. The customer agrees that they should pay the agree price for the service regardless of damages, delays or any other service level issue that might have occurred during transit. Should damage occur, the Client should take appropriate steps to file an insurance claim and/or work with their Shipper to settle the damage claim. MUB CARGO cannot release any payment without the Client’s consent under any circumstances. Online payment through MUB CARGO Payments will not be credited or refunded in the event of a completed shipment transaction. MUB CARGO is not responsible for any monetary disputes that reside with a Shipper or a Client; it is the responsibility of both the Shipper and the Client to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of MUB CARGO.
6. Authorization to Credit and Debit Accounts
You irrevocably and expressly authorise MUB CARGO to credit any monies to the account that you have identified for MUB CARGO. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in activity on our website. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated above. You irrevocably and expressly authorise MUB CARGO to withhold any monies and/or debit any monies from any account that you have identified to MUB CARGO for any chargebacks, fees, costs, deductions, adjustments and any other amounts owed to MUB CARGO. We reserve our rights to all actions and remedies in connection with any monies owed to MUB CARGO. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
7. Chargebacks
Unwarranted chargebacks initiated by MUB CARGO members against MUB CARGO are prohibited and will result in the suspension of your MUB CARGO account, and may result in MUB CARGO pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a collections agency and retaining legal counsel for overdue accounts. In the event that shipping services were not performed, all members must abide by the MUB CARGO Cancellation Policy described in Section 9 of this agreement. The MUB CARGO Cancellation Process ensures the integrity of the feedback system and accuracy of any refund. There are situations where a chargeback may be warranted, such as when a card holder feels that their card has been charged fraudulently and/or there is a discrepancy with the billed amount. Prior to any chargeback initiation, MUB CARGO must be notified by the card holder so that MUB CARGO may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a MUB CARGO transaction. If an unwarranted chargeback of the Client deposit is initiated and accepted by the credit card processor or other entity, MUB CARGO reserves the right to charge the Shipper for any costs associated with the chargeback. This deposit represents a portion of the total match price and is credited to the Shipper’s account to offset any match fees. If a chargeback is accepted, the Shipper becomes responsible for that invoiceable amount.
8. Unpaid Fees
If, for any reason, any fees have not been received or in any manner realized by MUB CARGO on matches that have been completed by you for the services and any additional services performed by you ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. If in any billing period, we are not able to charge your credit card on file the full amount owed us we reserve the right to charge your credit card for fees associated with specific matches or transactions that occurred on our site. Any partial payments made to members’ account balances will first be applied to the most recent fees owed us. If anytime after 30 days we cannot collect any fees owed to us, we may suspend or terminate your account. MUB CARGO reserves the right to waive or change our fees or penalties at any time. MUB CARGO also reserves the right to prevent you from changing your transactional currency until you have paid all Unpaid Fees. You also agree to pay any attorney fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us to in our sole discretion make appropriate reports to 3rd party credit collection agencies, credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
9. Cancellations
A “Cancellation” occurs when either party has to cancel AFTER a quote was accepted on MUB CARGO but BEFORE any services are performed. After a quote is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on MUB CARGO will not be performed. When you request a cancellation, the other party will be notified and will have 72 hours to respond by either: a) accepting the cancellation and your reason; b) accepting the cancellation but providing their own reason and/or comments; or c) disputing the reason for cancellation and requesting review by MUB CARGO staff. If your Request for Cancellation is accepted by the other party, the match will be cancelled and the delivery can either be relisted or deleted. If your Request is disputed by the other member, then the Request will be sent to MUB CARGO and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 72 hour period, the cancellation and reason will be automatically accepted (Case a). Once a cancellation is accepted, the Client’s transaction will be refunded through the Client's original form of payment. MUB CARGO takes abuse of the Cancellation process seriously. This includes submitting false or exaggerated reasons, attempting to cancel matches that have already occurred or are expected to occur, or colluding with other members to abuse the process. A member that is found to be abusing the process will automatically have their cancellation request denied, may be subject to additional fees and penalties, and may have their account immediately suspended or deleted.
10. Social Networking Sites
As part of the functionality of the MUB CARGO Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account") by either providing your SNS Account login information through the MUB CARGO Platform or allowing MUB CARGO to access your SNS Account. By granting MUB CARGO access to any SNS Accounts, you understand that MUB CARGO may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the MUB CARGO Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the MUB CARGO Platform.
11. No Agency
You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the MUB CARGO website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.
12. Release
Should you have a dispute with one or more MUB CARGO users, you release MUB CARGO, its officers, directors, agents, subsidiaries, joint ventures, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
13. Shipping
As a Client, you are obligated to complete the transaction with the MUB CARGO if you accept the Shipper's quote, unless the transaction is prohibited by law or by this Agreement. By accepting a Shipper's quote, you agree to be bound by the conditions of the quote included in the quote details so long as those trip details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: (1) the Shipper materially changes the quote details after your acceptance; (2) a typographical error is made; or (3) you cannot authenticate the Shipper's identity or credentials (see “Match Cancellations and Refunds” above for more details). The Shipper reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. We recommend that you do not seal any package before inspection by the Shipper. IMPORTANT: MUB CARGO does not screen or qualify Shippers for compliance. You agree to comply with all applicable laws, statutes and regulations regarding the website and mobile app and any transactions conducted on or through the mobile app. It is recommended that you confirm such compliance directly with the Shipper before services are rendered by the Shipper.
14. Prohibited and Restricted Items
Prohibited Items: Hazardous or dangerous goods. These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on MUB CARGO. The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labelled) may be listed on MUB CARGO - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. For details on particular hazardous substances and transportation requirements, please consult your local postal authority and/or regulatory agency. These guidelines do not constitute legal advice and do not pertain to any particular company's practices. When in doubt, check with law enforcement agencies, a lawyer, the law or with a copyright, trademark or other rights owner for clarification. Restricted Items: Prohibited regulated or perishable goods. Generally, restricted or perishable items that can lawfully be transported by mail or commercial carrier are permitted on MUB CARGO. Full responsibility rests with the Client to comply with all postal and nonpostal laws and regulations that relate to the mailing of hazardous, restricted and perishable material. Anyone who sends, or causes to be sent, a non-mailable or improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment).
15. Transportation
You must legally be able to transport the deliveries that you quote on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, national and european licensing requirements. You must describe your offer and all terms of your services on the quote submittal form on our mobile app. You acknowledge that the MUB CARGO mobile app exists for members to make a fully informed decision about your quotes, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event that you charge "extra fees" (and we are made aware of this fact), MUB CARGO reserves the right to suspend or cancel your account at our sole discretion. Your quote may only include content relevant to the description of your transportation services. If you quote on any delivery and your delivery is accepted by the Client, you are obligated to perform the services offered in your quote at the accepted quote price. You authorize MUB CARGO to charge the MUB CARGO match fee to your credit card when the Client accepts your quote (see Fees). We provide distance calculations and driving directions (or links to 3rd party driving directions) to Shippers as part of our service. We are not responsible for the accuracy of this information. We recommend that you verify with the Client the information that we provide.
16. Information
You Submit You solely are responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing MUB CARGO transaction fees. Information may not contain any viruses or other malware that may damage or interfere with our website. Furthermore, you may not list any shipment or trip on our mobile app that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited Items terms. You authorize MUB CARGO to use the information you supply to us in connection with our services and in accordance with this Agreement. Our mobile app acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the mobile app that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website acts as a passive conduit for any of your on line communication or distribution of content or information. Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the mobile app, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
  • Will not violate any law, regulation, rule, or statute;
  • Will not violate the terms of this Agreement;
  • Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
  • Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
  • Will not be libellous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about MUB CARGO employees, agents, other members, or the marketplace itself;
  • Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our website, operation of any of our systems and or create or impose a large burden or load on our website;
  • Will not scan or test the vulnerability or security of our website or the system within which it operates;
  • Will not be used for commercial or public purposes outside of the requirements of this Agreement;
  • Will not create liability for us in any manner whatsoever;
  • Will not frame or link to our website without our written permission;
  • Will not involve the upload, or insertion of, any programming language or code into or onto, our website.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
17. Fraud
MUB CARGO may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site. Members may not manipulate the quote prices for any shipment or interfere with other members' listings or transactions. Other fraudulent acts include: A. Fees - You shall NOT:
  • Request payment from another MUB CARGO member via instant cash transfer services (non-bank, point-to-point cash transfer services such as Western Union or Moneygram);
  • Charge to, or in any way attempt to collect from members, an additional charge to the total amount agreed upon for the services, the MUB CARGO Match Fee, or;
  • Charge members a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on the MUB CARGO mobile app (given that the particulars of the service requested are materially the same as those requested on the MUB CARGO mobile app). Your accepted quote price must include ANY and ALL charges, including any taxes, fees, etc.;
  • Represent or communicate to members that you are to collect the MUB CARGO Match Fee;
  • Cause another person or entity to engage in any conduct, act or behaviour intended or designed to circumvent or avoid, in any manner, our right to the MUB CARGO Match Fee;
  • Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to a Match Fee;
  • Communicate or correspond, whether by written, verbal, or electronic means, with a member, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Match Fee.
B. Manipulating feedback - You acknowledge and agree that the MUB CARGO mobile app is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the mobile app is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the mobile app, you shall NOT:
  • Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member;
  • Post and/or cut and paste and/or copy the content of a member feedback review from the MUB CARGO mobile app to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form;
  • Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other);
  • Post or attempt to post, in any manner or by any means, a feedback review on your own account.
18. Off-Site Communications
MUB CARGO prohibits offers by its members to transport listed shipments, or to offer listed shipments for transport, outside of the MUB CARGO mobile app. Offers of this nature circumvent MUB CARGO’s fee structure and are a potential fraud risk for both Shippers and Clients. Some examples of off-site offers include:
  • Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in MUB CARGO’s profile section, “Additional Information” sections, shipment listing, or shipment description.
  • Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through MUB CARGO’s profile section, “Additional Information” section, username, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a shipment for delivery off-site.
MUB CARGO reserves the right to edit, amend, or delete any personal contact information that members submit on our mobile app. MUB CARGO reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.
19. Posting in the Community
MUB CARGO reserves the right to edit, amend, or delete any information posted on the mobile app if, in the sole opinion of MUB CARGO, the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this User Agreement or our Community Rules and Guidelines, which has detailed information about what postings we deem unacceptable.
21. Petition for Reinstatement
Upon your removal from the MUB CARGO mobile app, you may petition for reinstatement. Your petition for reinstatement must include the following: a) A written statement as to why you should be reinstated b) Your contact information; your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate You. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple yes or no. All decisions are final.
22. Confidentiality/Non-Disclosure
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
23. Taxes
You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.
24. Record Keeping/Audit
We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
25. No Criminal Convictions
You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a crime. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.
26. Unsolicited Idea Submission
We always want to receive messages and feedback from MUB CARGO members and welcome any comments regarding the MUB CARGO marketplace. However, MUB CARGO policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by MUB CARGO might be similar or even identical to your idea. If you do send MUB CARGO an unsolicited suggestion, idea, or proposal, or if you send, at the request of MUB CARGO, a comment or suggestion to improve the MUB CARGO Marketplace (for example, via email), MUB CARGO will consider the Submission to be non-confidential and non-proprietary. MUB CARGO shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. MUB CARGO shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
27. Identity Verification
We use techniques to help verify the identity of Shipers when they register on our mobile app; however, MUB CARGO cannot and will not confirm each Service Provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.
28. Feedback
To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member's profile. Members should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct communication.
29. Remedies
Remedies for use of our mobile app that violate this agreement include, but are not limited to, the immediate removal of your delivery or trip listings, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our services to you.
30. No Warranty
MUB CARGO, our employees, and our suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
31. Limitation of liability
In no event will we, our affiliates, or each of our respecive officers, directors, employees, agentes, shareholders or suppliers, be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the MUB CARGO platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the MUB CARGO platform, the services, or this agreement, however arising including negligence, even if we or our agentes or representatives know or have been advised pf the possibility of such damages (provided however that this provision shall not limit the scope of MUB CARGO’s insurance policies).
32. Indemnity
You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
33. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
34. Arbitration
Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by MUB CARGO to collect our fees and/or recover damages for, or obtain an injunction relating to, the MUB CARGO site operations, intellectual property, and our services, shall be settled by binding arbitration.
35. Dispute Resolution
Disputes between you and MUB CARGO regarding our services should be reported to MUB CARGO. We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to MUB CARGO, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
36. Protection of Intellectual Property Content
The MUB CARGO website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its colour combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
37. Trademark and Domain Name Protection
The MUB CARGO mobile app contains trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilise the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.
38. Security
MUB CARGO uses industry standard practices to safeguard your personal information, including firewalls. We utilise several different security techniques to protect data from unauthorised access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside of our control.
39. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the MUB CARGO Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the MUB CARGO Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
40. Governing Law
Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of the EU country in question. You and MUB CARGO both agree to submit to the non-exclusive jurisdiction of the European courts. “Non-exclusive jurisdiction of the European courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in EU, but you may also elect to bring a claim in the court of another country instead. That countries law will apply in all cases.
41. General
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.