In General
Transeasy is a public accessible web service and application (“app”) that offers its users (“users”) a service to display and organize information on their shipping vehicles on website and app as well as allow users to search and qualify information displayed.
The following general terms and conditions serve the security of the online usage and apply to all services that are offered to the users on the internet portal and application of Transeasy.
With the registration the new user approves to have read, understood and accepted these T&C and conditions (“T&C”). These terms and conditions apply to all users that register on the Transeasy internet page and the application, even if the usage or the access occurs outside of the Kingdom of Saudi Arabia.
User accepts the T&C by confirming the statement (via the checkmark) on the website or on the app.
There are no subsidiary agreements to these T&C and conditions.
The database on the Transeasy website and app is copyrighted. It is forbidden to copy, edit, reproduce or re-engineer them without the consent of the Transeasy team.
These T&Cand conditions apply for future contracts as well, even if there are no additional references explicitly stated. Alternative conditions or special agreements require written agreements.
Furthermore, you agree that we may modify these T&C or discontinue our website at any time and without notice and without any liability or responsibility on you. These T&C are effective as of October15th, 2016, for all users.
1. Transeasy is not a transportation service provider (“TSP”), freight forwarder or broker
Our site and app act as a venue where shipping customers and transporters can meet and enter into agreements. We are not involved in the actual transaction between shipping customers and transporters. Hence, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website.
Transeasy does not prequalify or validate the claims of transporters including with respect to their licensure, insurance and registration. Our website and mobile application function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We will, with no liability on our company, endeavour in providing very transparent information on both the transporter and the shipper.
We do not provide any backing or endorsement for you or your services. You agree that we do not provide any of the services and we are not in any way responsible for assisting you in any manner with your acquisition and provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services, and we hold no liability whatsoever in this regard. 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 dealings 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 shipping customers and transporters, we have no control over the accuracy of listings, the ability of transporters to transport items, or the ability of shipping customers to send items. We cannot ensure that a shipping customer or transporter will actually complete a shipment.
Transeasy assumes no responsibility for any content that is placed / uploaded on the user page(s).
Transeasy is completely excluded from liability in this matter.Transeasy assumes no responsibility for uploaded photo and/or info that violates the rights of third Parties. This especially includes material (content) like stolen pictures, photos or info of persons and vehicles that do not belong to the posting user. Should a user claim to see his or the rights of third parties violated, this has to be brought to attention to Transeasy in written form. Transeasy will then delete the specified content from the database immediately. There is no liability or guarantee for an error free operation of Transeasy.net or the mobile application Transeasy. The same applies to the possible case of complete data loss on Transeasy or possible quality defects.
2. Subscription and membership
You agree that you have the authority and ability to form legally binding contracts under applicable law. In the case where the user is suspended, whether temporarily or indefinitely, they will not have access to our services. You acknowledge that you are at least 18 years of age. Your Transeasy 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 Transeasy.net as a means to sell or market any types of goods or products, unless specifically allowed by Transeasy and as set out in this Agreement.
3. Data security
The user has to store his login data – user name and password – very securely. It should be ensured that the login data is never published or open to third parties. Transeasy cannot be made responsible for damages due to carelessly communicated and (by third parties) used login data. In suspicion of login data abuse please contact Transeasy immediately.
Transeasy tries to protect its users with the usual carefulness. But in no case can Transeasy be held responsible for damages that could arise through data espionage, hacker attacks, corrupt or faulty hard- or software or due to an act of nature beyond control.
4. Privacy policy
In the context of providing the Transeasy.net services, as little as possible personal data will be collected, saved or processed by Transeasy. Some personal user data can be used for internal statistical reasons only. These data will never be sold or transferred free of charge to third parties. Transeasy uses cookies to achieve a better user experience. These cookies are saved by the browser on the hard disc of the user permanently.
5. Fees and refund policy
This is a yearly subscription website. All fees are payable in advance and subscription renewal fees are automatically charged to a member's credit card, bank account or collected in cash. Until this Agreement is terminated, the member hereby authorizes Transeasy to charge the member's chosen payment method to pay for the ongoing cost of membership. Any member may cancel its service at any time without hassle. All cancellations must be made by email at info@transeasy.net and must be made one (1) month prior to end of user’s yearly billing cycle. Refunds will be done only through the original mode of payment. Any fees paid before cancellation will not be refunded. Unless otherwise stated, all fee schedules are based in SAR (Saudi Arabian Riyals). For ads placed in a different currency, we will use the conversion rate on the payment date to calculate the booking fee. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our website. 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.
6. Disputes
Should you have a dispute with one or more Transeasy users, you release Transeasy, its officers, directors, agents, 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.
7. Transactions
Transeasy has no affiliation and benefit from any transaction that takes place based on connections made on the website of the app, and it is to the user’s discretion to either accept the work or refuse it, and Transeasy cannot be held accountable if the transaction is prohibited by law or by this Agreement. By accepting a transporter’s request, you agree to be bound by the conditions of the transporter or shipper communicated directly to you by the other user so long as those trip details are not in violation of this Agreement or unlawful. The details of the transaction can be shared with Transeasy upon its request for statistical purposes. Transeasy does not screen or qualify transporters for compliance with federal, state or local laws and regulations. It is recommended that you confirm such compliance directly with the transporter before services are rendered by the transporter
8. Transportation
You must legally be able to transport the shipments you apply for. 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, state and federal licensing requirements. You acknowledge that the Transeasy website exists for members to make a fully informed decision about 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.
9. Your information/ Grant of rights
You are solely responsible for the information that you provide. You agree that any information you input is your own responsibility and does not in any way reflect any false documentation or false information whether on the roads you select, the equipment you present, or the job orders you present. The information that you provide shall not contain any viruses or malware that may damage our mobile app and/or website. Transeasy shall use the information that you provide and act as a relay with no influence nor any editorial control over this information. Transeasy shall not and will not act as a fact checker regarding info provided and hence shall not be responsible for any of the information provided. Transeasy reserves the absolute right to remove or restrict any communication or information that you may post to the website and mobile application that is in violation of this Agreement, illegal, threatening, or false. Furthermore, you expressly represent and warrant the following: (1) you are the owner, with all rights thereto, of any and all communication, content and/or information that you post on the website or 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 domestic or international 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.
10. Breach
Any manipulation, misrepresentation, or false information conducted by the member, Transeasy reserves the right to consider it a breach of contract and may suspend or terminate your contract at its will.
11. Feedback
You acknowledge that Transeasy is a neutral venue and any feedback presented based on dealings that took place between members of the platform will not be modified, changed or altered. Members are solely responsible for feedback and Transeasy will not interfere in this process. Transeasy reserves the ownership and copyright of such feedback and as such you shall not present any feedback received on your own website or marketing collaterals without prior written approval from us.
12. Copyright infringement
As Transeasy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that any material located on, or linked to, Transeasy’s website of the app violates your copyright, you are encouraged to notify Transeasy at info@transeasy.net. Transeasy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Transeasy will terminate a user’s access of the Services if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Transeasy or others.
13. Confidentiality / Non-disclosure
As a result of the provision of our Services to you, 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 ("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 in these T&C. 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 these T&C. 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.
14. Assignment
Transeasy may assign and transfer in any way and for any cause all rights and obligations arising under this Agreement, to any legal entity, existing or future, under any form, which is controlled by it, or – in the event that it modifies its legal status – to the new company which will be constituted following this modification. Such transfer or modification of Transeasy’s legal status shall be immediately notified to you and it shall not affect in any way your rights and obligations arising out of this Agreement. You may not transfer or assign any of its rights, or delegate any of its duties, under these T&C, either in whole or in part (including by merger or operation of law), without the prior written consent of Transeasy. To the extent the obligations hereunder are transferred, assigned or delegated in a manner that is permitted by these terms, these terms shall be binding upon all your successors and assigns hereto (including any transferee or assignee of all or substantially all your assets and any successor by merger or operation of law).
15. Independent parties
Nothing in this Agreement will render you an employee, worker, or agent of Transeasy and you shall not hold yourself out as such. This Agreement does not create a joint venture or agency relationship or any kind of relationship other than that of independently contracting parties.
16. Modification
Transeasy may amend these T&C at any time by posting a revised version on its website. Each revised version will state its effective date, which will be on or after the date posted by Transeasy. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice. Notification will be provided through the Website user interface and/or the mobile application, or be sent to the email address associated with your Account or otherwise; or you will be asked to opt-in or otherwise expressly agree to the changes or a version of these T&C incorporating the changes.
17. Other
These T&C shall endure for the benefit of and be binding upon the respective administrators, successors and assigns of each party hereto.
All terms, conditions and warranties in these T&C are essential terms and a breach or non-performance hereto of any terms, conditions, warranties, schedules hereof shall entitle Transeasy to both terminate your account and claim damages or terminate without any claim for damages or claim damages without terminating your account.
No failure or delay by Transeasy in exercising any right or remedy provided by law under or pursuant to these terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.
Termination of the Account shall not affect the accrued rights of Transeasy arising in any way out of these T&C as at the date of termination and, in particular but without limitation, the right to recover damages against the other, and all provisions of these T&C which contemplate or are capable of operation after termination shall survive the termination of the license and shall remain in full force and effect.
If any of the provisions of these T&C become invalid, illegal or unenforceable in any respect under any applicable law, the validity and enforceability of such provision shall not be considered affected in any other jurisdiction and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired and all of them shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these T&C is not affected in any manner materially adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties hereto shall negotiate in good faith to modify these terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
18. Employees
During the term of your relation with Transeasy and for the subsequent 12 months after the termination of any affiliation between us you shall not solicit or offer a job to any of our employees.
19. Taxes
You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site or mobile application.
20. Warranty Disclaimer
TRANSEASY DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITAL MINDS OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, TRANSEASY, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
IN NO EVENT SHALL TRANSEASY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, MOBILE APP (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL BUSINESS INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, MOBILE APP OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRANSEASY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
21. Notice of trademark rights
The Transeasy website and mobile app contains trademarks, trade names, 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 utilize 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.
22. Right to reject or remove members
We reserve the absolute right to reject your participation, or remove you from your current participation, in the Transeasy Site and mobile app at any time and for any reason or for no reason and without notice to you. Actions that may result in the rejection or removal of your participation can include, but are not limited to: any violation of the T&C of this Agreement; your creation, maintenance and/or management of more than one account; your non-payment in full any unpaid fees; any attempt by you to improperly influence, or cause another to improperly influence the feedback of members; or any attempt by you to harass, or cause another to harass, or have inappropriate communications with a user.
23. Petition for reinstatement
Upon your removal from the Site, you may petition for reinstatement. Your petition for reinstatement must include the following: (i) a written statement as to why you should be reinstated and (ii) 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.
24. Record keeping/audit.
We reserve the right to keep all records of any and all communications between you and other members for administration purposes.
25. Idea Submissions
We always intend to receive messages and feedback from Transeasy members and users. We welcome any comments regarding the site and app. However, please be aware that any ideas, suggestions comments or proposals you send to Transeasy (collectively, "Submissions") are non-confidential, shall become the sole property of Transeasy, and you hereby assign all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to Transeasy, you hereby grant and agree to grant to Transeasy all rights needed for Transeasy to incorporate and commercialize the Submissions at no charge or encumbrance to Transeasy and you agree that Transeasy may disclose the Submissions to any third party in any manner and you agree that Transeasy has the ability to sublicense all Submissions in any form to any third party without restriction. Transeasy shall own all rights therein, including all intellectual property rights. Transeasy shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to you.