Logistiqs Africa – Pan African Platform Legal Framework

This document contains the comprehensive legal structure governing the operation and use of the Logistiqs Africa digital logistics marketplace. It is designed to clearly establish that Logistiqs Africa operates strictly as a technology platform that connects independent shippers and independent transport service providers across Africa.

SECTION 1 – TERMS AND CONDITIONS

1. Acceptance of Terms

By accessing or using the Logistiqs Africa platform (“Platform”), all users agree to comply with and be legally bound by these Terms and Conditions.
If a user does not agree with these Terms, they must immediately discontinue use of the Platform.

These Terms apply to all users including:
• Shippers
• Transport companies
• Independent drivers
• Logistics brokers
• Visitors and website users

2. Platform Nature and Legal Status

Logistiqs Africa is strictly a digital listing marketplace that connects independent parties seeking logistics services.

The Platform:
• does not transport goods
• does not own trucks or transport vehicles
• does not employ drivers
• does not act as a freight forwarder
• does not act as a carrier
• does not take possession of cargo

All transportation services are conducted solely between independent users of the platform.

Logistiqs Africa provides technology infrastructure only including listing tools, communication tools and data management tools.

3. Independent Contractor Relationship

All users operate as independent contractors.

Nothing within the Platform or these Terms creates:
• employment relationships
• agency relationships
• partnership arrangements
• joint ventures
• fiduciary duties

Logistiqs Africa does not supervise or control transport operations.

4. User Registration Requirements

Users must provide accurate, truthful and complete information during account registration.

Users are responsible for:
• maintaining accurate company details
• safeguarding login credentials
• ensuring account information remains current

Logistiqs Africa reserves the right to suspend or terminate accounts that contain false or misleading information.

5. Responsibilities of Shippers

Shippers using the Platform agree that they are responsible for:
• ensuring cargo legality
• providing accurate cargo descriptions
• complying with customs regulations
• providing correct shipping documentation
• complying with export/import regulations

Shippers must ensure cargo does not violate any national or international law.

6. Responsibilities of Transporters

Transporters using the Platform agree they are responsible for:
• maintaining valid transport permits
• ensuring vehicles are roadworthy
• ensuring drivers are properly licensed
• maintaining insurance coverage
• complying with national road safety laws
• complying with cross border regulations

Transporters assume full responsibility for cargo handling, transport safety and delivery.

7. Platform Use Restrictions

Users may not:
• attempt unauthorized access to the platform
• upload malicious software
• impersonate another individual or company
• submit fraudulent listings
• manipulate load information
• interfere with platform infrastructure

Violations may result in account suspension or permanent termination.

8. Liability Disclaimer

Logistiqs Africa shall not be liable for:
• cargo damage
• cargo theft
• delayed delivery
• transport accidents
• financial loss
• customs disputes
• regulatory violations
• contract disputes between users

The Platform acts only as a digital intermediary.

9. Payment Disclaimer

The Platform may provide tools that facilitate payment transactions between users.

However, Logistiqs Africa:
• does not guarantee payment completion
• is not responsible for payment disputes
• is not liable for delays caused by banks or financial institutions
• does not act as a financial intermediary unless expressly stated

10. Limitation of Liability

To the maximum extent permitted by law, Logistiqs Africa shall not be liable for:
• indirect damages
• incidental damages
• consequential damages
• lost profits
• business interruption
• data loss

Maximum liability shall not exceed the total fees paid by the user to the platform during the previous 12 months.

11. Indemnification

Users agree to fully indemnify and hold harmless Logistiqs Africa including its:
• directors
• employees
• shareholders
• affiliates

From any claims, losses, damages, legal costs or liabilities arising from:
• transport agreements
• cargo disputes
• regulatory violations
• misuse of the platform

12. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the Republic of South Africa.

Users agree that any disputes involving Logistiqs Africa must be brought before courts located in South Africa.

13. Dispute Resolution Between Users

Disputes between Shippers and Transporters must be resolved directly between those parties.

Logistiqs Africa may provide communication tools but has no obligation to mediate disputes.

14. Service Availability

The platform is provided on an “as is” and “as available” basis.

Logistiqs Africa does not guarantee uninterrupted service and may temporarily suspend access due to:
• maintenance
• security upgrades
• system failures
• events outside company control

SECTION 2 – PRIVACY POLICY

1. Overview

This Privacy Policy explains how Logistiqs Africa collects, processes, stores and protects user data.

The platform is committed to protecting user privacy across all countries in which the platform operates.

2. Information Collected

The platform may collect the following information:

Personal Information
• name
• email address
• phone number

Business Information
• company registration details
• tax numbers
• transport permits
• vehicle details

Technical Information
• IP address
• browser type
• device information
• login activity

3. Purpose of Data Processing

User data is collected to:
• operate the platform
• facilitate communication between users
• manage shipment listings
• improve platform services
• prevent fraud
• comply with legal obligations

4. Data Security

Logistiqs Africa uses industry standard security measures including:
• encrypted data storage
• secure authentication systems
• access control mechanisms
• monitoring systems

Despite these measures, no online system can guarantee absolute security.

5. Data Sharing

User information may be shared with:
• other platform users where required for shipment coordination
• payment processors
• regulatory authorities if legally required

Logistiqs Africa does not sell personal data.

6. User Rights

Users may request:
• access to their personal data
• correction of inaccurate data
• deletion of their personal information where legally permissible

SECTION 3 – COOKIE POLICY

Cookies are small text files stored on a user’s device when visiting a website.

Logistiqs Africa uses cookies to:
• enable website functionality
• improve user experience
• analyze traffic patterns
• remember user preferences

Users may disable cookies in their browser settings. However, certain platform features may not function correctly if cookies are disabled.

SECTION 4 – DATA CONSENT

By registering on the platform, users explicitly consent to:
• the collection of personal and business data
• processing of data for platform operations
• sharing data with relevant users for shipment coordination
• storing data for legal and operational purposes

Users acknowledge that refusal to provide certain information may prevent the platform from providing services.