GENERAL TERMS AND CONDITIONS FOR ACCESS AND USE
read carefully before using the services
- General framework. Contractual relation
- These guidelines are Cargoroll’s General Terms and Conditions for Access and Use (hereinafter the “General Terms and Conditions for Access and Use”) and they regulate your access to and use of applications, websites, contents, products and services (hereinafter referred to as the “Cargoroll Platform”), incurring a contractual relation between you and Cargoroll S.R.L.
Cargoroll S.R.L., a limited liability company, incorporated and operating based on Romanian legislation, with head-offices in Bd. Dacia 30, Mecano ExportImport Building, 2ndfloor, Office 2, 1stsector, Bucharest, Romania (hereinafter referred to as “Cargoroll”) is the owner and administrator of the Cargoroll Platform.
Cargoroll has the right to amend, at any time at its discretion, the contents of Cargoroll Platform, including the General Terms and Conditions for Access and Use, without prior notice. Amendments will produce effects on the date when Cargoroll publishes the updated version of the General Terms and Conditions for Access and Use. Your access or use of the Cargoroll Platform implies your unconditioned consent to observe the General Terms and Conditions for Access and Use.
- The Cargoroll Platform (applications, website, contents, products and services) is a software platform that allows its users - private individuals and / or legal entities - who search for / offer transport solution to establish and schedule cargo transport services and / or logistics services.
Cargoroll does not provide transport services and it does not own vehicles for cargo transport / logistics.
Consequently, PLEASE BE INFORMED THAT THIS CARGOROLL PLATFORM DOES NOT PROVIDE CARGO AND / OR GOODS TRANSPORT SERVICES, COURIER SERVICE, MAIL SERVICE OR LOGISTICS SERVICES, AND IT DOES NOT OPERATE AS A TRANSPORTER, AND THAT ALL THESE TRANSPORT, DELIVERY OR LOGISTICS SERVICES ARE PROVIDED BY THIRD PARTY INDEPENDENT CONTRACTORS, WHICH ARE NOT EMPLOYED BY CARGOROLL OR BY ANY OF ITS AFFILIATE COMPANIES.
- Provided you observe the General Terms and Conditions for Access and Use, Cargoroll shall award in your favor a limited, non-exclusive license, which cannot be sub-licensed or transferred and that may be withdrawn, to access and use the Cargoroll Platform in personal interest, without any commercial purpose. All rights not expressly awarded hereby are reserved by Cargoroll.
- Cargoroll services
- Users of the Cargoroll Platform - private individuals and / or legal entities - may post requests / orders for transport services, including information on goods / cargo that need to be transported, and users willing to provide such services (transporters) may post offers.
- Offers are posted by transporters based on the following bidding procedure:
Each transporter may post an offer in the system;
In case a transporter wishes to change the initial offer, it shall submit the new offer and only this offer will be posted (the initial offer will be deleted). The transporter may cancel the offer at any time during the bidding procedure;
- The sender (the party posting the transport request) is responsible for, and may decide at any time to close, the bidding procedure and to select any of the offers received – at its own discretion).
- The bidding procedure shall have a limited duration, starting with the post of sender's request. In case the sender does not select any of the submitted offers until the bidding deadline, the bidding procedure shall be cancelled and all offers shall be deleted. The bidding deadline shall be determined by Cargoroll.
- After selection of the successful bidder, the Cargoroll Platform shall make available to the parties (sender and transporter) the contact data stored in the platform, so that the two parties shall be able to complete the transport service. All transport-related documents and details shall fall under the exclusive responsibility of the two parties, sender and transporter. Cargoroll accepts no responsibility concerning the transport-related documents and details. Cargoroll accepts no responsibility concerning the delivery of the transport service.
- Offers posted by transporters must be accurate, and they shall be solely liable for contents thereof. When the offer of a transporter is successful, such transporter must provide the respective service against the price stated in the offer. Users agree that Cargoroll has no responsibility or control on the date, contents, information, contact data and amounts agreed when an offer is accepted.
- Cargoroll accepts no responsibility and provides no guarantee on accuracy of information posted by the Cargoroll Platform users; also, Cargoroll provides no guarantee on licenses, authorization and creditworthiness of senders or of transporters.
- In case the General Terms and Conditions for Access and Use are breached, Cargoroll shall have the right to impose a provisional / final and unnotified restriction on any account, if Cargoroll finds that the user breached the General Terms and Conditions for Access and Use, or it incurred any kind of prejudice against Cargoroll or it affected in any manner, proven or not, other Cargoroll Platform users.
- if Cargoroll finds that the user breached the General Terms and Conditions for Access and Use, or it incurred any kind of prejudice against Cargoroll and / or other Cargoroll Platform users, Cargoroll shall restrict the respective user's account.
- Users acknowledge that they agree to observe all laws and regulations relevant to the transactions performed through the Cargoroll Platform.
- Costs incurred by the use of Cargoroll services are:
- Access to Cargoroll Platform is FREE OF CHARGE;
- Costs incurred by the use of Cargoroll services are detailed in the dedicated page:
- Cargoroll reserves the right to amend any cost-related issue without prior notice.
- Users. Rights and obligations
- Users who request the Cargoroll services must register on com.
- In order to create an account on the Cargoroll Platform, users must provide a valid e-mail address and phone number, and they must enter only true and accurate information.
- Users creating accounts in the name of legal entities must confirm holding all approvals needed to take any action on the Cargoroll Platform.
- Settlement of any transport incident, payment incident or claim concerning transport services falls under the exclusive responsibility of sender and transporter.
- Rights of senders - applicants for transport services:
- Senders may post transport requests in order to receive offers from transporters. Depending on offers received and on transporters’ reputation, senders accept to enter collaborations with transporters whose offers they accepted, except for the case when transactions or goods cannot be transported or are legally prohibited.
- When accepting transporter's offer, senders acknowledge their agreement with conditions set forth in orders, provided such conditions are not contrary to the General Terms and Conditions for Access and Use or to legal provisions. Transactions cannot be cancelled after accepting an offer, except for cases when:
- The transporter makes significant amendments to the offer after such offer was accepted;
- The sender is unable to deliver the goods and / or changes the weight or quantity of goods, changes loading or unloading locations or the loading time and date.
- The transporter cannot present proof of identity, permits, licenses, or does not have the legal right to perform its obligations.
- Obligations of senders - applicants for transport services:
- To observe Cargoroll’s General Terms and Conditions for Access and Use;
- To enter and upload to the Cargoroll Platform only accurate, true and complete information and to observe its obligation undertaken to transporters;
- To refrain from requesting transport of goods that may be contrary to legal provisions.
- Rights of transporters - providers of transport services:
- Transporters are legal entities providing transport services. They are liable for and must comply with legal conditions relevant for transport activities within Romanian territory or elsewhere.
- Transporters have the right to post offers and to attend bidding procedures in order to deliver transport activities for the goods shown in requests posted by senders. Offers may be deleted only if they are still active and the senders have not yet selected a transporter.
- The transporter has the right to inspect the goods and the packaging before loading, and it may refuse transport of any goods prohibited by law or improperly packaged. Users have the right to determine whether certain goods may be transported both prior and after finalization of bidding procedures.
- Obligations of transporters - providers of transport services:
- To observe Cargoroll’s General Terms and Conditions for Access and Use;
- To enter and upload to the Cargoroll Platform only accurate, true and complete information and to observe its obligation undertaken to senders;
- To make sure that they place offers only if they are capable to deliver the full transport service, including the case when delivery of transport service is concomitant;
- If transporters are successful in several bidding procedures, they must provide all transport services covered by such procedures.
- To perform transactions agreed with the senders and to include all taxes, except VAT, in offers posted on the Cargoroll Platform;
- To gather information on the goods to be transported;
- To comply with relevant laws, rules and regulations, including local, national and European regulations applicable to transport activities.
- Packaging of goods
- The proper packaging and labeling of goods to be transported fall exclusively under sender's responsibility. The transporter has the right to inspect the goods and to refuse transport thereof if they are improperly packaged, or it may accept transport thereof only if the sender takes responsibility for possible damages and deteriorations.
- The transporter must take all efforts to comply with the delivery terms agreed with the sender and also to inform the sender in case delays may be incurred by various reasons.
- The sender must prepare the goods and deliver such goods to the transporter on mutually agreed date. If changes occur in the meantime with regard to quantity, weight, loading or delivery locations, the sender must inform the transporter on such changes.
- Incidents and incompliances occurred after conclusion of transactions fall under the exclusive responsibility of users; any incidents occurred outside the Cargoroll Platform cannot be controlled by, and exceed the area of responsibility of, Cargoroll. Users agree that Cargoroll cannot be held liable for litigations and direct or indirect damages caused or incurred after conclusion of transactions.
- Incidents and incompliances occurred after conclusion of transactions fall under the exclusive responsibility of users; any incidents occurred outside the Cargoroll Platform cannot be controlled by, and exceed the area of responsibility of, Cargoroll.
- Conclusion of agreements between users through the Cargoroll Platform falls under the exclusive responsibility of users. Cargoroll has no liability or involvement in the decision-making process. Users agree that Cargoroll cannot be held liable for litigations and direct or indirect damages caused or incurred after conclusion of transactions.
- Cargoroll Platform users have the right to withdraw from the contract, without any reason and without additional costs, within 10 days after the date when the transport of goods was agreed.
- Services provided by Cargoroll may be provided or accessed in relation with services or contents of third parties (including advertising services), which are not under Cargoroll's control. Please be informed that your use of such third party services and contents may be subject to other conditions of use. Cargoroll provides no guarantee concerning such third party services and contents and Cargoroll shall not be liable or responsible in any way for any third party product or service. In addition, Apple Inc., Google Inc., Microsoft Corporation or BlackBerry Limited and / or worldwide affiliates thereof and other suppliers of IT and / or communication services, as the case may be, shall be third party beneficiaries of this contract if you access the Services through applications developed for mobile devices provided with Apple iOS, Android, Microsoft Windows or Blackberry. Such third party beneficiaries are not parties to this contract and they are not responsible for delivery or availability of services. Your access to Services through such devices is subject to conditions set forth in the service contract of respective third party beneficiary.
- Personal data processing
- As per requirements in Law no. 677/2001 concerning people protection for personal data processing and free circulation of such data, as further amended and supplemented, Cargoroll must manage your personal data safely and exclusively for the stipulated purpose.
- The purpose for personal data collection is: informing the users on the status of their accounts, on status of requests / offers posted, evaluation of Services provided, promotion of Services, contribution to marketing activities, advertising activities, media activities, administration, development, market research, statistics, follow-up and monitoring of user's conduct.
- By filling-in the account generation form and / or the order form, the user declares and unconditionally accepts to have its personal data included in the Cargoroll database, and gives its express and clear consent to have such data stored, used and processed with no place or time restrictions by Cargoroll, its affiliates and collaborators, for the purpose of development by Cargoroll, its affiliates and collaborators of activities like, without limitation, commercial activities, promotion of products and services, marketing, advertising, media, administration, development, market research, statistics, follow-up and monitoring of sales and consumer's conduct. Also, the user expressly and clearly agrees to have such personal data transferred by Cargoroll to its affiliates and to other entities, whether domestic or foreign.
- By reading this Document you were informed that all your legally stipulated rights are guaranteed, respectively the right to information, the right to access data, the right to intervention, the right to opposition, the right to refuse to be subject to an individual decision, the right to action in justice in case rights guaranteed in Law no. 677/2001 - concerning people protection for personal data processing and free circulation of such data - are violated.
- Based on a written request, dated, signed and submitted to: Bd. Dacia 30, Mecano ExportImport Building, 2ndfloor, office 2, 1stsector, Bucharest, Romania, to the attn. of Cargoroll S.R.L, you may ask, free of charge for one request per year, a confirmation whether your personal data are processed or not.
- Based on a written request, dated, signed and submitted to: Bd. Dacia 30, Mecano ExportImport Building, 2ndfloor, office 2, 1stsector, Bucharest, Romania, to the attn of Cargoroll S.R.L., you may exercise the right of intervention on data, as the case may be:
- Amendment, update, blocking or deletion of data the processing of which is not compliant with Law 677/2001 concerning people protection for personal data processing and free circulation of such data, especially for incomplete or inaccurate data;
- Status change to “anonymous” for data the processing of which is not compliant with Law 677/2001 concerning people protection for personal data processing and free circulation of such data;
- Notification to third parties whose data was revealed, if such notification does not prove impossible or does not involve an effort that is disproportionate compared to the legitimate interest that may be prejudiced.
- Also, Cargoroll may provide personal data of users to other partner companies, only based on a confidentiality agreement providing that data is kept safely and that disclosure of data is only made in compliance with the legislation in force.
- Persona data of users may also be provided to the General Prosecution Office, Police, Law Courts and other relevant government bodies, based on and within limitation of legal provisions and only following express requests.
- Final provisions
- In case of breach of provisions in General Terms and Conditions for Access and Use or when clues or suspicions arise concerning breach of provisions, Cargoroll has the right to take actions, in any manner, at its discretions, without motivating its action and without other formalities.
- Contents of the Cargoroll Platform and any other elements therein, including without limitation all texts and images, graphical representations, scripts, marks, etc. are the property of and subject to the copyright of Cargoroll. Except for expressly permitted situations, the use of any content without Cargoroll’s written agreement is strictly prohibited.
- The General Terms and Conditions for Access and Use shall be exclusively governed by and construed as per Romanian legislation, and competence for settlement of any litigation that is not settled amicably between you and Cargoroll within 30 days after a notification to this end shall pertain to law courts with jurisdiction over Cargoroll's head-offices.