1. “BookMyCargo” means BOOKMYCARGO (THAILAND) CO., LTD a company incorporated in Thailand with its registered office at the 2034/127, 29th Floor, Italthai Tower, New Petchaburi Road, Bangkapi, Huaykwang, Bangkok 10310.
2. Throughout the site, the terms “we”, “us” and “our” refer to BOOKMYCARGO (THAILAND) CO., LTD
3. “Participating Drivers” means the drivers who have agreed with BookMyCargo to accept booking from you through the Services or Software;
4.“Services” means the operation by BookMyCargo to distribute your details and details of your proposed journey or delivery by vehicles submitted to BookMyCargo through the Software to Participating Drivers for their acceptance and to provide you with other information on the relevant Participating Drivers, the journey or delivery, and on your use of the Services, and any other operations or activities of BookMyCargo which match your delivery booking with the Participating Drivers and facilitate delivery of Goods;
5. “Terms of service” means the Terms and Conditions that apply to the Services as set out on “www.bookmycargo.com” and may be amended from time to time.
6. Throughout the site, the terms “you” and “your” refer to user or any person, juristic person or representative of such person or juristic person, who accesses, downloads, registers, or utilizes the Software to make a reservation for Goods delivery services.
7. “Goods” means any item, package, container, or parcel either singularly or in plural which is transported by means of the Services.
8. “Software” means BookMyCargo’s applications, site, website, or technologies.
9. “Ordinary Transport fee” means delivery fee specified by the Software which you may pay via the Software or pay to the Participating Drivers and the Participating Drivers shall collect from you for delivery of Goods. Ordinary Transport Fee cannot be overridden or arbitrarily changed by the Participating Drivers and/or you.
10. “Participating Drivers Service Fee” means the fee paid by the Participating Drivers to BookMyCargo for the use of Services which shall be equal to a percentage of the daily amount that Participating Drivers have earned from using the Services. BookMyCargo shall specify and update from time to time the exact percentage of the Participating Drivers Service Fee by taking into account all factors concerning participation of the Participating Drivers in the Participating Drivers Program and overall circumstances relating to the Participating Drivers Program. BookMyCargo will notify Participating Drivers via email or SMS on the Participating Drivers Service Fee upon any changes or updates
11. “Indirect Loss or Damage” means any loss or damage to any rights or properties of any person or any injury or harm to body or health of any person which is indirectly caused by delayed and/or failed delivery.
12. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users and the Participating Drivers of the site, including without limitation users and drivers who are fleet owner, and/ or shipper.
13. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
14. Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
15. All rights to this online platform are reserved.
1: Website terms
1. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
2. You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. You must not transmit any worms or viruses or any code of a destructive nature.
4. A breach or violation of any of the Terms will result in an immediate termination of your Services.
2: General conditions
1. We reserve the right to refuse service to anyone for any reason at any time.
2. The Participating Drivers and/or you accept fully and unconditionally the current form of the Terms of Service as represented on our Service, website and/or Software at each use of the Services.
3. We may send any information regarding the Service or promotion to you and/or the Participating Drivers in the form of electronic messages which include, but not limited to, e-mail, SMS, automatic telephone message, or push notification on Software. The Participating Drivers and/or you permit us to send these electronic messages to you and/or the Participating Drivers via the contact channels provided to us by you and/or the Participating Drivers at the time of registering its account.
4. You understand that your content (not including credit card information), may be transferred unencrypted and involve
(1) transmission over various networks; and
(2) change to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3: Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more well-timed sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
1. Delivery charges will be applied according to the Ordinary Transport Fee. The Ordinary Transport Fee accounts for the transportation of Goods with a specified maximum size, weight, quantity of the Goods to be delivered, and any other of your requirements. The Ordinary Transport Fee will be quoted based on the information and requirements provided by you by means of the Services.
2. You are obligated to pay the Participating Drivers the Ordinary Transport Fee with 2 methods;
(1) pay in cash immediately when due at the destination point.
(2) pay with the credit card when you make a reservation via our software.
3. In the case that you wish to cancel the delivery after the Participating Drivers have arrived at the pickup point or the Participating Drivers have arrived at the pickup point prior to the actual time you intended for the delivery to commence due to your fault, such as providing incorrect time for pick up or the Goods are not ready for delivery, and under the circumstances, it is not feasible for the Participating Drivers to stay at the pickup point until the time of delivery commencement, you shall be obliged to pay the following parts of the Ordinary Transport Fee for that cancelation as this follow;
(1) 30% of the Ordinary Transport Fee for the delivery inside Bangkok or perimeter; and
(2) 100% of the Ordinary Transport fee for the delivery in remote or rural areas.
5: Modifications to the service and prices
1. Prices for our service are subject to change without notice.
2. We solely reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6: User comments, feedback and other submissions
1. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or
(3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
2. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
7: Personal Information
2. You confirm that the personal data provided by you are true and up to date.
3. You agree to allow us to use of your personal data (including but not limited to name, contact number, email, and address) and transfer such data to the Participating Drivers for the purpose of providing the Services. You also allow us to compile, collect,save, store, and update your personal data to such extent, for and at such time period as may be required during the time we provide the Services.
8: Errors, Inaccuracies and Omissions
1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your booking).
2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
9: User’s Obligations
1. You warrants that you are either the Owner or the authorized agent of the Owner of the Goods, and that you are authorized to accept and is accepting these Terms of Service not only for you but also as agent for and on behalf of the Owner of the Goods, and have right to move the Goods.
2. You shall ensure that the Delivery Item is packed in a case, wrapper or container appropriate to the nature and weight of the Delivery Item such that no part of the Delivery Item may be removed without the case, wrapper or container being torn or broken, a seal being broken, or two adhesive surfaces being forced part.
3.You shall ensure that the Delivery Item is adequately packed so as to protect against damage to the Delivery Item during the course of delivery; and
(1) (in the case of a Delivery Item of a fragile nature) that the Delivery Item shall be packed in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the Delivery Item is guarded against damage that may result from any force, pressure or blows to which postal items are ordinarily subject during the course of delivery and that such Delivery Item shall bear the words "FRAGILE" prominently displayed in capital letters on the face of the case or container and above the address of the named addressee; and
(2) (in the case of a Delivery Item which is susceptible to damage by bending) that the Delivery Item shall be packed in a case or container of sufficient durability and strength to prevent the Delivery Item from being bent or otherwise damaged during the course of delivery and such case or container shall bear the words "DO NOT BEND" prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
4. You shall provide in respect of each Delivery Item all necessary information, including without limitation:
(1) Your name, address (including the postal code) and telephone number;
(2) The addressee’s name, delivery address (including the postal code) and telephone number;
(3) Special precautions to be taken in respect of the Delivery Item e.g. "FRAGILE", "PERISHABLE","DO NOT BEND" etc.;
(4) In the case of cash on delivery, you have to state the amount of expense in the remark for accuracy and quick scrutiny and coordination.
5. You warrant that you have complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Goods. The Participating Drivers reserve the right to refuse any articles that are prohibited by law, dangerous or hazardous materials, perishable substances, and radioactive material. You are liable for any loss or damage suffered by any third party as a result of any breach of the terms.
10: Prohibited users
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information when using the Services or Software including act of using the Services or Software in the name of another person. You shall also refrain from using the Software stored on other person’s device without permission;
7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others, including, stalking, and harassing any person.;
9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
10. to produce or disseminate advertisements, or any kind of messages which may cause nuisance to any parties.
11. for any obscene or immoral purpose;
12. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
13. to take any action that may cause delay, damage, or destruction of the operation of the Services or Software or the servers and network that are linked to the Software; or
14. to undermine, impair, or damage our Service or business, for example, attempting to circumvent the Service or Software by contacting the Participating Drivers directly, discouraging the Participating Drivers to use the Service or Software, failing to show up at the pickup point, or failing to prepare the goods for pickup on the date or time specified by you.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses
11: The Participating Drivers’ Obligations
1. The Participating Drivers shall make reasonable efforts under the circumstances to deliver the Goods according to the estimated time schedule; though, it is noted that these estimates time schedule may not accurately due to the extraneous situation such as accidents, traffic, weather, power outages, riot, rebellion, war, civic or civil disruptions.
2. The Participating Drivers shall, under the circumstances occurred during the process of delivery, take all reasonable precautions to prevent any loss or damage of the Goods beyond the wear and tear of ordinary transportation conditions or any unauthorized or illegal access to the Goods attempted by any parties.
3. The Participating Drivers are obligated to use suitable and appropriate vehicle for delivery of Goods which reasonably ensures safe delivery and prevent loss, damage, or injury to the Goods, any property, or person.
4. The Participating Drivers are responsible for providing their own device which must be compatible with our Software.
5. The Participating Drivers have to collect the Participating Drivers Service Fee from you after the delivery is done and the Participating Drivers shall not collect the fee more than the Ordinary Transport Fee rate.
6. In some cases as shall be agreed by the Participating Drivers and us, the Participating Drivers may appoint or permit us to collect the Ordinary Transport Fee from you on behalf of the Participating Drivers and also issue invoices, receipts, or any other documents to you on its behalf.
7. The Participating Drivers should permit us to collect the Ordinary Transport Fee on their behalf; the Participating Drivers shall collect the amount that we collected from you on behalf of the Participating Drivers. In such cases, the payment shall be made in accordance with the schedules solely determined by us. When making these payments, the Participating Drivers allow us to withhold tax on the amount payable in accordance with the law.
8. The Participating Drivers shall remit the Participating Drivers Service Fee to us within the delivery date. Late payment of the Participating Drivers Service Fee will be acceptable with a reasonable circumstance; however, the delay must not be more than 1 day after the delivery date; otherwise, the interest calculated at a rate of 15% per annum of the late Participating Drivers Service Fee will be charged.
9. The Participating Drivers shall be accountable for the costs and expenses relating to delivery of Goods including but not limited to repair and maintenance of their vehicles, gasoline, parking, tolls, fines or citations.
12: The Participating Drivers’ Limited Liability
1. The Participating Drivers shall not be responsible for any loss or damage causing from delay delivery.
2. The Participating Drivers shall not be liable for any loss or damage of the Goods resulting from or is in relation to these following acts, omissions, or circumstances:
(1) Your failure to perform your obligation under clauses 9 or being the prohibited user under clause 10 of the Terms of Service;
(2) The Participating Drivers’ failure to perform any of his obligations as a consequence of circumstances outside their control; or
(3) Any acts, by intent or negligence, or omissions of any party besides the Participating Drivers.
3. The Participating Drivers shall not be held liable for any Indirect Loss or Damage in any circumstances.
4. The Participating Drivers shall not open and inspect the Goods and hence bear no liability for the legitimacy of the Goods or their obedience with any laws, regulations or rules.
13: The Participating Drivers’ Prohibition
1. The Participating Drivers shall not perform any other delivery, or provide any other services from any person, or accept any booking for delivery which may cause delay to the delivery that they have already accepted and in the process of performing the delivery of Goods.
2. The Participating Drivers shall not accept your booking for other Drivers and shall not transfer the booking they have accepted to other Drivers or person under any circumstances.
3. The Participating Drivers shall not use our Services or Software to produce or disseminate advertisements, spam, phish, pharm, pretext, spider, crawl, scrape or any kind of messages which may cause nuisance to any parties.
4. The Participating Drivers shall not use the Services or Software to commit, cause, induce or support any unlawful acts or violate any lawful rights or privacy of any person and not collect or track the personal information of others, including tracking, stalking, and harassing any person.
5. The Participating Drivers shall not take any action that may cause delay, damage, or devastation of the operation of the Services or Software or the servers and network linking to the Software.
6. The Participating Drivers shall make no attempts to damage our Service or business, for example, attempting to circumvent the Service or Software by contacting you directly, or discouraging you to use the Service or Software. We reserve the solely right to make our own decision of which action shall be considered as a harmful act.
7. The Participating Drivers shall not commit any misrepresentation while using our Services or Software including acts of using the Services or Software in the name of another party. The Participating Drivers shall also not use our Software stored on the other’s device without permission.
14: The Participating Drivers’ Personal Data
1. The Participating Drivers insist that their personal data provided to us is true and up to date.
3. The Participating Drivers agree to allow us to use of their personal data (include but not limited to name, contact number, email, and address) and transfer such data to you for the purpose of providing the Services. The Participating Drivers also grant us the right to save, compile, collect, store, and update their personal data to such extent, for and at such time period as may be required during the time we provide the Services.
15 : Promotions
Our promotions will be launched occasionally and shall be subject to existing regulatory requirements and our Terms of Service. We reserve the right to modify or remove any promotions at our sole decision without any prior notice.
1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
17: Entire Agreement
1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
4. These Terms of Service shall be governed by the laws of the Kingdom of Thailand and the Participating Drivers submit to the jurisdiction of the competent courts of the Kingdom.
18: Loss or Damage
1. In the case that we or Participating Drivers discover that there has been loss of or damage to the Delivery Item, we or Participating Drivers shall notify you of such loss or damage within a reasonable period from such loss or damage and shall seek instructions from you with respect to the appropriate action to be taken. We reserve the right to decline to accept any further instructions if that instruction is beyond the Participating Drivers’ potency and/or inappropriate as reasonably.
2. In the event that you do not provide further instructions regarding the appropriate action to be taken within a reasonable period after notifying you of the loss or damage, we shall take such action in relation to the Delivery Item as it deems appropriate, including without limitation, re-delivery of the Delivery Item to you or retention of the Delivery Item, and shall notify you of the same.
3. All costs arising from further action taken in relation to the Delivery Item in accordance with Section 18, Clauses 1 and 2 above shall be borne by you, unless the loss or damage to the Delivery Item was caused by Participating Drivers’ negligence or our gross negligence.
19: Disclaimer of warranties; Limitation of Our Liability
1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free and no warranty, assurance, or promise that our Services or Software will work as intended on the Participating Drivers’ phone, computer, tablet or other device.
2. We do not warrant that the result that may be obtained from the use of the service will be accurate or reliable and do not warrant or guarantee the availability, or quality of the Services, Software or the Participating Drivers.
3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
4. We reserve the right to terminate any engagement with the Participating Drivers or Drivers’ account created for the Participating Drivers to use the Services or Software if we believe that the Participating Drivers violate any Terms of Service.
5. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
6. We shall not be liable for loss or damage arising from or in connection with:
(1) the delivery of any of the articles set out in Section 9, Clauses 5;
(2) your failure to specify any special precautions to be taken in respect of a Delivery Item, as required under Section 9, Clauses 3 and Clauses 4(3), on the address label, consignment note, waybill and/or invoice;
(3) the misalignment, wear and tear, de-arrangement, heat, mold, rot, discoloration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the contents of the Delivery Item;
(4) delay or confiscation by any government authority due to the discovery of prohibited contents of the Delivery Item;
(5) Our failure to perform any of its obligations hereunder as a consequence of circumstances outside its control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government, accidents, traffic obstructions or congestion, mechanical breakdown, or other events of force majeure;
(6) any acts or omissions of any party other than us, including and without limitation you, the named addressee, any government official or any sub- contractor engaged by customer;
(7) deliveries of bakery, cakes, flowers or related products in all cases due to the brittle nature of such products and inappropriate packaging;
(8) Any damage causes by the Participant Drivers, but not include to the Goods that is delivered;
(9) If the injured person is the third-party without exact identity and unable to specify the suspect, we reserve the right to catch the Participant Drivers to take their responsibility in order to prevent the misleading information; or
(10) We reserve the right not to take any liability for the delivery that without the information which we have stated in the site.
7. We shall not be liable for indirect or consequential loss or damage, including without limitation loss of profit, income, interest, future business or anticipated savings, even if the risk of such loss or damage was brought to our attention before or after acceptance of the Delivery Item.
8. We shall not be liable for delay or non-delivery of a Delivery Item arising from or in connection with the detention of the Delivery Item by any government authority.
9. For the avoidance of doubt, we shall not in any way be liable or responsible for a Delivery Item prior to the Delivery Item being accepted by us for delivery.
10. In providing the Services, we shall not act as an agent or representative for you or the Participating Drivers and are not a party to the contract for hire between you and the Participating Drivers.
You agree to indemnify, defend and hold harmless us and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
1. Any claims must be made within 24 hours from the delivery completed status, failing which we shall have no liability whatsoever.
2. All claims must be made in writing, accompanied by the Delivery Order Number, contact information and other supporting documents requested by us and submitted to the following email address: email@example.com.
3. Claims are limited to one claim per Delivery Order, settlement of which shall be full and final settlement for all loss or damage in connection therewith.
4. Without prejudice to Clause 4 and provided that we are satisfied that your claim is justified, our liability for any loss of or damage to the Delivery Item shall be limited to the value of the Delivery Item or THB 2,000 per Booking ID, whichever is lower.
5. In the case of damage to the Delivery Item, the amount of compensation by us shall be based on our assessment of the extent of the damage to and the actual cash value of the contents of the Delivery Item provided always that the amount of compensation shall not exceed the Compensation Limits. In the case of loss of or damage to the Delivery Item, we shall have the option of either replacing the Delivery Item or making monetary compensation within the Compensation Limits.
22: Changes to terms of service
1. You can review the most current version of the Terms of Service at any time at this page.
2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
23: Contact Information
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org .