This Agreement, the Carwa Service Provider Agreement, and all policies posted on our Carwa.app domain and the Carwa mobile application (the “App”), describe the terms and conditions by which Carwa offers you, a registered user, (also referred to as “you”, “your”, “User”, “Driver” or “Company”) access to and use of the online marketplace services (hereinafter referred to as “Services”) made available to you by Carwa.
Note these Terms and Conditions shall only be in effect in case you haven’t signed a service agreement. If you have signed a service agreement the terms of the service agreement shall supersede this agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOUR ACCESS AND USE OF THE SERVICES CONSTITUTE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH ESTABLISHES A CONTRACTUAL RELATIONSHIP BETWEEN YOU AND CARWA.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SELECT ACCEPT AND YOU WILL NOT ACCESS OR USE THE SERVICES (AS SET FORTH BELOW). CARWA MAY IMMEDIATELY TERMINATE THIS AGREEMENT OR ANY SERVICES WITH RESPECT TO YOU, OR GENERALLY, CEASE OFFERING OR DENYING YOUR ACCESS TO THE SERVICES OR ANY PORTION THEREOF, AT ANY TIME FOR ANY REASON.
WHEREAS, 1st Party- CMS Advertising Company by its registered trademark “Carwa” is in the business of providing logistics services to Shippers via the Carwa online-platform via their registered vendor/service providers;
WHEREAS, the 2nd Party- “Service Provider” accepted & agreed to provide logistics services from time to time to carwa’s registered shippers requested and booked via Carwa online-platform.
NOW, THEREFORE, the Parties hereby agree on the following Terms and Conditions:
A Driver is a duly registered entity that arranges to have cargo shipped on their behalf by way of land transport.
The Shipper warrants that he owns, possesses, or otherwise have rights to transport cargo you seek to ship by using the Services
A Company is a duly registered entity that provides cargo transportation and shipping services, and holds the necessary licenses to carry out its activity in accordance with applicable laws and regulations.
A Company that accesses or uses the Services is an independent contractor and remains solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching its Drivers (as defined below); as well as for the inspection and maintenance of its motor vehicle equipment.
A Company is solely responsible for its own actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of Carrier’s equipment, services, drivers, employees, contractors, agents and servants.
A company maintains sole control over the methods and results by which it performs cargo transportation services, and retains the sole duty to provide, maintain, manage and control the equipment, personnel, and expertise required to transport your cargo. Carwa is not an agent of any Company, and no Company is an agent of Carwa non a partnership nor subordination relationship or otherwise.
Carwa IS NOT A CARRIER. NO INTERPRETATION OF WRITTEN OR ORAL REMARKS IN ANY AGREEMENT OR DOCUMENT SHALL BE CONSTRUED AS TO IMPLY THAT Carwa IS A CARRIER, OR THAT Carwa IS SUBJECT TO THE REGULATORY OR LEGAL REQUIREMENTS OR LIABILITIES OF A CARRIER. Carwa HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION OR CARRIER SERVICES PROVIDED TO ANY SHIPPER OR ANY OTHER PARTY USING THE SERVICES.
A Driver is an employee or agent of the Carrier contracted by the Carrier to perform the cargo transportation service requested by the Shipper.
The company shall be held vicariously liable for the actions of the Driver.
A User is an entity which accesses and uses the Services, and may be a Shipper or a driver.
This Agreement shall come into force from the Effective Date of creating user account and on successful registration with Carwa and shall be considered for each of the services ordered by Shippers & accepted by Carriers unless terminated by Carwa by deactivating the user account and clearance of all obligations, liabilities, damages, claims debts created by service provider during performance of the services.
Carwa provides its Services through a neutral online marketplace service that enables the interaction between User and Drivers, in order to arrange and schedule shipping and/or cargo transportation services, in Iraq. Shippers can submit a request for the transportation of cargo (“Shipment”), and at their sole discretion, Carriers can accept such requests and assign Drivers to perform the activities of the relevant Shipment, and Shippers, Carriers, and Drivers can track such requests through the Shipment tracking service provided on the Services.
Carwa does not provide actual transportation services or act in any way as a Carrier nor is it in any partnership or agency or subordination relationship with the Carrier. It is the Carrier’s obligation, as a third-party service provider by virtue of an agreement with Carwa , to provide shipping and/or cargo transportation services, which may be arranged and scheduled through the use of the Services. Carwa has no responsibility for any shipping and/or cargo transportation services rendered to a Shipper by any Carrier, nor does it assume responsibility towards a Carrier for any illegal or hazardous cargo of a Shipper. Carwa’s sole obligation is to act as a broker and facilitator between the Shipper and the Carrier.
Carwa does not take possession, custody or control of any cargo. Carwa does not assume any liability, possessory rights or obligations, and assumes no financial responsibility whatsoever, for cargo, including loss, theft, damage or delayed delivery thereof.
YOU ACKNOWLEDGE THAT CARWA IS NOT A CARRIER AND DOES NOT PROVIDE SHIPPING AND/OR CARGO TRANSPORTATION SERVICES OR FUNCTION AS A CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY CARWA OR ANY OF ITS AFFILIATES.
Carwa provides its Services via the App and the Web Portal. Shippers may use the App and/or Web Portal to submit requests to arrange and schedule transportation of cargo, a service which will be rendered by the Carrier and an assigned Driver(s) (“Shipment”).
Carwa is a neutral marketplace that allows Shippers and Carriers to interact and enter into agreements for the provision of the cargo transportation services. Carwa is not responsible for any Shipment terms entered into between you and any Carrier.
Once Carwa accepts a Shipment for posting, the Shipment’s details will be posted to the Services. You may cancel a Shipment at any time prior to a Carrier accepting it. A Carrier may view a list of Shipments available to it at any time and accept a Shipment through the Services.
Once a Carrier accepts a Shipment, Carwa will notify you that the Shipment has been accepted and has been matched with a Carrier. Accordingly, the Carrier will be assigned to perform the relevant transportation services in connection with the Shipment. As a result, the contact information of the Users involved in the subject-matter Shipment will be made available to all Users engaged in the provision of the services related to the Shipment.
For the provision of Services, Shippers must provide the following information as part of submitting a Shipment request:
The initial address of the cargo constituting the Shipment and the destination address of the cargo constituting the Shipment;
The requested dates for pickup and drop-off of the cargo constituting the Shipment;
A description of the cargo being transported as part of the Shipment (nature of the commodity, dimensions, characteristics, etc.);
Any specific equipment or requirements (handling specifications, motor vehicle features, etc
Any other information necessary for the safe and adequate transportation of the cargo.
Carwa does not endorse, recommend, or refer to any specific Carrier, nor does Carwa have any control or influence over actions or decisions made by Users using the Services. Carwa’s Users make their own decisions and you acknowledge and agree that we are not in any way arranging transportation or shipping or logistics services on your behalf. Since we are not involved in the actual transaction between Shippers and Carriers, we have no control over the accuracy of listings or the ability of Carriers to transport items. We cannot ensure that the Carrier will actually complete a Shipment. We cannot and do not guarantee the ability of Users to complete or fulfil any services requested through Carwa’s platform.
You acknowledge and agree that any and all communications, correspondences, verbal or written or by electronic means, or any warranties or representations made with regard to the arrangement of transportation services are not provided by us and are specifically and solely between you and the Carrier.
Carwa will generate the Bill of Lading in connection with the Shipment in accordance with the Shipment information submitted by the Shipper, as set forth above. Carriers whose services are engaged by Carwa are instructed to issue proof of delivery to their Shippers, and to provide copies of such proof to the Shipper and to Carwa . However, it is the Shipper’s responsibility to obtain the proof of delivery from the Carrier.
Shippers and Carriers are instructed not to name Carwa as either a shipper or a carrier on any document thereto. Shippers should not obtain any invoices from the Shipper nor should they directly settle a Shipper’s invoice. All payments must be made in accordance with the Payment section below.
Upon completion of a Shipment, the Carrier is instructed to notify the Shipper via the App and provide a proof of delivery signed by the authorized recipient.
By creating a User Account (as defined below), you agree that the Services may call you or send you text messages as part of the normal course of business.
You agree that your contact information will be made available to the Carrier and Driver of the relevant Shipment within the scope of provision of Services and in order to carry out the cargo transportation services. You will also be provided with the relevant Carrier and Driver contact information for the provision of said services.
In order to access and use Carwa’s Services, you must register for and maintain an active user Services account (“User Account”). You, in your capacity as the legal representative managing the User Account, must be at least 21 years of age, to obtain a User Account.
User Account registration requires you to submit to Carwa certain information for the purposes of registration and for the purposes of filling the Bill of Lading, including, but not limited to, the Shipper entity’s name, address, registration number, tax registration number, telephone number, the legal representative’s mobile number, as well as at least one valid and preferred payment method.
You agree to maintain complete, accurate, and valid information in your User Account. Your failure to maintain complete, accurate, and valid User Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or may result in Carwa’s termination of the terms and conditions of this Agreement with you. You are responsible for maintaining the confidentiality of your User Account login credentials and are fully responsible for all activities that occur under your User Account. You agree to immediately notify Carwa of any unauthorized use, or suspected unauthorized use of your User Account or any other breach of security. Carwa is not liable for any loss or damage arising from your failure to comply with the above requirements. [Unless otherwise permitted by Carwa in writing, the Shipper entity may only possess one User Account.]
You may cancel your User Account at any time, for any reason, provided that there are no outstanding Charges on you, by contacting Carwa or following the instructions indicated on the Services.
There are no registration or subscription fees associated with registering with Carwa to access and use the Services.
You may not authorize third parties to access or use your User Account. You may not assign or otherwise transfer your User Account to any other entity. You agree to comply with all applicable laws and regulations when using the Services, and you may only use the Services for lawful purposes.
You agree that you will not, in your use of the Services, cause inconvenience, or property damage, whether to the Carrier or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
You agree not to use the Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Service, through password mining or other means; (vi) harass or interfere with another User’s use of the Services; or (vii) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services.
Carwa may, in Carwa’s sole discretion, allow you from time to time to submit, upload, publish or otherwise make available to Carwa through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Carwa , you grant Carwa a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution means presently known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Carwa the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Carwa’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Carwa in its sole discretion, whether or not such material may be protected by law.
Carwa may, but shall not be obligated to, review, monitor, or remove User Content, at Carwa’s sole discretion and at any time and for any reason, without notice to you.
You Agree that Carwa reserves the right to review any User Content, investigate, and /or take appropriate actions and measures against you in its sole discretion, including removing or modifying User Content, suspending your User Account or terminating the terms and conditions of this Agreement with you, and/or reporting you to law enforcement authorities.
You Agree that Carwa’s platform implements Google Maps mapping services, including Google Maps API(s). Your use of Google Maps is subject to Google Inc’s terms of service.
You agree that Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
Within the scope of the provision of Services, Carwa provides to its Users tracking services to enable Shippers to track Shipments.
Geolocation data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage, or other loss. Neither Carwa , nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services, whether provided by Carwa , third party content providers, or Users.
Geolocational data that you upload, provide, or post on the Services may be accessible to certain Users of the Services. You assume any and all risk of providing such data to other Users of the Services.
Carwa may create anonymous data records (“Anonymous Data”) from your User Content by using commercially reasonable efforts to exclude any and all information (such as entity name) that makes the data identifiable to you. Carwa may use and disclose Anonymous Data for any purpose, including improving the Service.
Carwa may share your User Content (a) with third party service providers; (b) if another company acquires Carwa ; and/or (c) to comply with relevant laws and regulations, or assist in preventing any violation or potential violation of the law or this Agreement (d) to a claims processor or an insurer if there is a complaint, dispute, conflict, which may include an accident involving you and the Carrier.