Terms

These terms and conditions apply to your use of the Kargo mobile application and other related online and offline platform (“Kargo”), as well as to all information, recommendations and/or Services (defined below) provided to you by means of your use of Kargo. Kargo is powered and provided by Kargo Pte Ltd , which is also operated by IME Myanmar Pte Ltd and its subsidiaries, affiliates and associated companies (collectively, “we”, “us”, “our” and the “Company”).

Please review these terms and conditions carefully. By using Kargo or the Services, you acknowledge and agree that these terms and conditions and our privacy policy are binding on you. For more information on how we will use your personal data, please see our privacy policy. If you do not agree with these terms and conditions and our privacy policy, do not install the Kargo mobile application or use the Kargo website, delete it and do not use Kargo or the Services.

1. Definitions and Interpretation

  1. In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:
    “Advertisement” means any promotion messages and information that may appear on your mobile device during the operation of the App; “Participating Providers” means the drivers or vehicle operators whose logistics services are offered and may be requested through the use of Kargo; “User” means the individuals or organizations who use the logistics services offered by the Participating Providers through Kargo’s platform; “Services” means any and all services provided by us to you by means of your use of Kargo, which include the services described in clause 3(a); “SGD” means Singapore dollars, the lawful currency of Singapore; “MMK” means Myanmar kyats, the lawful currency of the Republic of the Union of Myanmar; “App” means the “Kargo” mobile application supplied by us and downloaded and installed by you on your mobile device through which you may obtain the Services; "Cargo (Which is equivalent to the term "Goods") means anything carried on board a truck except truck's equipments, spare parts, bunkers, crew or passenger, and accompanying baggage;" and “booking” means the request for delivery service made by the User to the Participating Provider and arranged through Kargo’s platform; “tracking code” means the unique six letter code assigned to each booking after the booking is successfully placed on Kargo’s platform. Tracking code is used to track, inquire about cargo’s status and acts as a control code prior to completion of a delivery; “device” means the mobile phone or other mobile device being used to install Kargo App or access Kargo platform ; “Terms” means these terms and conditions, which may be amended and supplemented by us from time to time in accordance with clause 10.
  2. Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.
  3. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

2. License of App

  1. Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable licence to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use.
  2. Your use of Kargo grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.
  3. You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; (ii) modify or make derivative works based upon the Services or App; (iii) create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the Services or App, or (3) copy any ideas, features, functions or graphics of the Services or App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App.

  4. Not withstanding the terms of section 4.2, all intellectual property developed by Kargo before, during and after the Grant Period from the Effective Date to the termination of the Grant Agreement shall be owned by Kargo and GSMA Foundation acknowledges it has no claim on any such intellectual property.

3. Services

  1. We offer a technology platform to provide information and a means for you to obtain logistics services from Participating Providers through the use of Kargo. Kargo allows you to send a request for logistics services (together with details of you and your journey) to Participating Providers and each relevant Participating Provider has the sole discretion to accept or reject each such request. If a Participating Provider accepts a request, Kargo will notify you and provide information about the Participating Provider such as the vehicle licence number, contact number and driver rating (if any).
  2. You acknowledge and agree that we only act as an intermediary between you and the Participating Providers and we are not your agent or the agent of the Participating Providers. We are not a transportation carrier and do not provide transportation services. We are not responsible for any service arising out of use of the technology platform for human transportation services, whether solicited by you or provided by the Participating Providers. We are not responsible for the ineligibility, behaviour, negligence, conduct, actions or inactions on the part of the Participating Providers that you may use (through Kargo or otherwise). Any contract for the provision of logistics services is between you and the Participating Providers and not us. We shall never be a party to any agreement (to be) entered into between you and any Participating Providers. If you have any complaint in relation to the logistics service provided then that dispute must be taken up with the Participating Provider directly.
  3. You must keep secure and confidential and not disclose to any third party any username or password that we may provide to you in relation to access to Kargo and the Services.
  4. We shall assume that any person using your mobile device, your username and password is you or a person authorized by you.

4. Your use of Kargo and the Services
As User, you agree:

  1. and warrant that all information and details provided by you to us (including through the App) are true, accurate, complete and up-to-date in all respects and at all times;
  2. you will not use Kargo or the Services: for any unlawful purpose; in any way that interrupts, damages, impairs or renders Kargo or the Services less efficient; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to advertise or promote third party or your own products or services;
  3. to warrant in all respects and at all times the correctness of the particulars and statements relating to the cargo inserted by you or on your behalf on www.kargo.com.mm or through the App, or furnished by you or on your behalf to Kargo for insertion in the cargo record. Where such information is provided by means of Electronic Data Interchange, it is the responsibility or yours and your agent to verify contents, accuracy and completeness of the EDI messages and subsequent messages according to the agreed standards and specifications.
  4. to indemnify Kargo against all damage suffered by us, or by any other person to whom Kargo is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by you or on your behalf.
  5. that cargo in course of carriage is not prohibited by any applicable laws, customs and other government regulations. Kargo shall not be obliged to inquire into the correctness of sufficiency of such information or documents. Kargo shall not be liable for loss or expense due to your failure to comply with this provision.
  6. to be responsible for ensuring that the cargo is packed in an appropriate way for loading, unloading, carriage, and delivery so as to ensure that it can be carried safely with ordinary care in handling and so as not to injure or damage any persons, goods or property.
  7. dangerous goods, live animals, perishables, valuables, vulnerable, fragile goods, human remains, and other special cargo whose nature requires special precautions, attention, and procedures to be followed on acceptance, loading, unloading, carriage, and delivery are acceptable only under the conditions directly set forth between you and Participating Providers. In no event shall Kargo be held liable for non-observance of the conditions relating to the carriage of such cargo.
  8. to treat Participating Providers introduced to you through Kargo with respect and not to cause damage to their vehicles or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their vehicles or the Services; and
  9. to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

As Participating Provider, you agree:

  1. and warrant that all information and details provided by you to us (including through the App) are true, accurate, complete and up-to-date in all respects and at all times;
  2. you will not use Kargo or the Services: for any unlawful purpose; in any way that interrupts, damages, impairs or renders Kargo or the Services less efficient; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to advertise or promote third party or your own products or services;
  3. the correctness of the particulars and statements relating to the cargo inserted by Users or on their behalves on www.kargo.com.mm or through the App, or furnished by Users or on their behalves to Kargo for insertion in the cargo record. Where such information is provided by means of Electronic Data Interchange, it is the responsibility or Users and their agents to verify contents, accuracy and completeness of the EDI messages and subsequent messages according to the agreed standards and specifications. In no event shall Kargo be held liable for non-observance of the mis-information relating to this provision.
  4. to indemnify Kargo against all damage suffered by us, or by any other person to whom Kargo is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by you or on your behalf.
  5. to be responsible for ensuring that the cargo is loaded, unloaded, carried, and delivered free from damage or loss beyond the wear and tear of ordinary transportation conditions or any unauthorized or illegal access to the cargo attempted by any parties. Should there be any discrepancies that lead to the cargo’s damage or loss, dispute shall be resolved upon mutual agreement directly between you and the User, as described in clause “Services” 3(b) above.
  6. dangerous goods, live animals, perishables, valuables, vulnerable, fragile goods, human remains, and other special cargo whose nature requires special precautions, attention, and procedures to be followed on acceptance, loading, unloading, carriage, and delivery are acceptable only under the conditions directly set forth between you and the User. In no event shall Kargo be held liable for non-observance of the conditions relating to the carriage of such cargo.
  7. to be fully aware of and ensure your practice is in line with currently effective Myanmar laws and regulations on Road Transport & Safety, included in but not limited to the following
    1. India Motor Vehicle Act (1914).

    2. Myanmar Motor Vehicle Rules (1915).

    3. Myanmar Hired Vehicle Rules (1935).

    4. Road and Inland Water Transport Law (1963).

    5. 1964 Motor Vehicle Law (The Chairman of Revolutionary Council enacted it by law No.17 in 1964)

    6. 1989 Motor Vehicle Rules (The Ministry of Transport and Communications made this rule by Notification No. 1/89).

    7. Procedures for registration of vehicles and issuing of driving licence (1994).

    8. Motor Vehicle Law (2015).

    9. Road Transport Law (2016).

    10. Inland Water Transport, Law Union Hluttaw No.13 (2017).

  8. to ensure the following list of documents are present, valid and accessible throughout your operation hours:
    1. Driver’s license or Commercial driver’s license which class and endorsement correspond to your vehicle type and the commodity type you are allowed to transport.

    2. Vehicle Registration Certificate.

    3. Road Transport License

  9. to treat Users introduced to you through Kargo with respect and not to cause damage to their cargo or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst providing the Services; and
  10. to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
  11. If providing labour for an order, each individual labourer provided by the Participating Provider must be 18 years of age or older.

Users and Participating Providers

Kargo reserve the right to suspend, restrict or terminate your access to Kargo and the Services at any time without advance notice or liability if we have reasonable grounds to believe you have breached any of these Terms or in our opinion you misuse Kargo or the Services. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

5. Charges and Payment

It is free to generally use the App. For details about the cost of logistics services provided by the Participating Providers, please refer to the latest pricing guidelines posted on www.kargo.com.mm and/or the App, which may be amended and updated at our sole discretion from time to time without prior notice. You agree to make payment in full directly to any Participating Provider, please refer to the latest pricing guidelines posted on www.kargo.com.mm and/or the App, which may be amended and updated at our sole discre to you through Kargo for any services provided by such Participating Provider to you.

6. Promotions

We may from time to time offer promotions on Kargo. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.

7. Links and Advertisements

Kargo may contain Advertisements and links to third party websites. We shall not be responsible for the contents and accuracy of any Advertisement. Any links to third party websites are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third party websites. If you access any linked third party website or Advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third party website operators.

8. Indemnification

By accepting these Terms and using Kargo or the Services, you agree that you shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Participating Providers arranged via Kargo, or (c) your use or misuse of Kargo or the Services.

9. Disclaimers

  1. The App is provided to you on an “as is” basis. We do not guarantee that the App is compatible with your mobile device or that (the contents of) the App and our website are free of errors, defects, malware and viruses or that the App and our website are correct, up to date and accurate.
  2. The App that is being used by Participating Providers is transmitting position data to Kargo if the App is running and mobile data is enabled on the Mobile Device. This data is being used by Kargo for order matching purposes in real time by temporarily storing the last position of the device only. Unless an order is running this position will not be disclosed to any 3rd party.
  3. As a Participating Provider, when using the App with mobile data enabled and a booking is running, you agree that the your positions are stored by Kargo and made accessible to Kargo’s users and partners. As a User, you acknowledge that the location tracking is not error-free and the information provided by it may not be accurate. Your use of the location tracking feature is solely at your own risk and we accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.
  4. Participating Providers may be given the option to install GPS location tracking devices in their vehicles. The purpose of this tracking is to enable Participating Providers with enhanced fleet management functionality and for Kargo to identify suitable vehicles for order matching purposes and to further enhance the Kargo service. You acknowledge and accept that Kargo may store this vehicle GPS location data and that the location tracking is not error-free and the information provided by it may not be accurate. Your use of the location tracking feature is solely at your own risk and we accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.
  5. We do not warrant and accept no liability in connection with the availability of the Services, the availability of logistics services from the Participating Providers through the use of the Services, the accuracy of the information or data provided as part of the Services or the quality, suitability and timeliness of the services of the Participating Providers.
  6. Any quoted pick-up or journey times are best estimates only and we shall have no liability if a pick-up or journey time exceeds any estimate given or otherwise exceeds your expectations for whatever reason nor shall we have any other liability to you in connection with the time at which you and/or the goods to be transported by the Participating Providers reach or fail to reach the destination.
  7. Vehicles of Participating Providers registered with Kargo may be installed with GPS tracking device and/or other location tracking software or technology. Such vehicles are tracked using GPS or other location tracking technology to facilitate and improve route planning only. You acknowledge and accept that the location tracking feature is not error-free and the information provided by it may not be accurate. Your use of the location tracking feature is solely at your own risk and we accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.
  8. It shall be your sole responsibility to ensure that valuable, unusual or any other items are covered by appropriate insurance. In case of lost items inside the vehicles of Participating Providers during the journey, we will use reasonable endeavours to liaise with the relevant Participating Provider to locate such items but in no event shall we be responsible or liable for the loss of, or damage to, any such items.
  9. The use of Kargo and the Services is at your sole risk. To the fullest extent permitted by applicable law, we shall not be liable for any damages resulting from or in connection with the use or inability to use Kargo or the Services (including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device). Without prejudice to the foregoing and insofar as permitted under applicable law, our aggregate liability shall in no event exceed an amount of SGD100.

10. Modification of Terms and the Services

We may, at our sole discretion, from time to time amend or otherwise modify or replace any of these Terms, or change, suspend or discontinue Kargo or the Services (including but not limited to the availability of any feature or content) by sending you notice through Kargo or by posting a notice on our website at www.kargo.com.mm, which shall be effective and binding on you upon notice or posting. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability

11. Personal data and privacy

The collection, use, storage and transfer of your personal data are generally subject to our privacy policy and personal information collection statement, the latest version of which is at www.kargo.com.mm/privacy . Our privacy policy, as may be amended and updated from time to time at our sole discretion, is incorporated by reference into these Terms.

12. Miscellaneous

  1. You may not assign or transfer any of your rights or obligations under these Terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these Terms to any person.
  2. We may give notice by means of a general notice on Kargo, or by electronic mail to your email address on record in our account information, or by written communication sent by regular mail to your address on record in our account information.
  3. If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
  4. The original text of these Terms is in English. In the event of any inconsistency between the English text and any foreign language translation, the English text shall prevail.

13. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Singapore. Both you and us agree to submit to the exclusive jurisdiction of the courts of Singapore as regards any dispute or matter arising under these Terms.