GENERAL TERMS AND CONDITIONS FOR TRANSVECT
Last updated: 2026.03.27
Contents
- §1. General and definitions
- 1.1 General
- 1.2 Definitions
- §2. Role and legal status of the platform
- 2.1 Technical infrastructure
- 2.2 No control over business decisions
- 2.3 No payment control
- 2.4 No dispute function
- §3. Account Registration and Authorization
- 3.1 Registration
- 3.2 Verification and Registration Check
- §4. Use and Abuse
- 4.1 Unauthorized Use
- 4.2 No Liability for User-Generated Content
- 4.3 Prohibited Actions
- 4.4 Actions in the event of a violation
- [4.5 Contacting the Authority](#45-contacting the Authority)
- 4.6 Disclosure of Information and Indemnity
- 4.7 Suspension
- 4.8 Violation of Article 4
- §5. Implementation, Integration, Maintenance
- 5.1 Implementation and Integration
- 5.2 Maintenance
- 5.3 Availability and Backups
- 5.4 Support
- 5.5 Processing and Analysis of User Data
- §6. Fees and Payment
- 6.1 Annual Fee
- 6.2 Transaction-Based Platform Fee
- 6.3 Payment Processing
- 6.4 Stripe Terms
- 6.5 Payment Disputes
- 6.6 No Financial Liability
- 6.7 Compliance with Stripe Terms
- 6.8 Payment Commitment
- 6.9 Payment Support
- [6.10 Offsetting prohibition](#610-offsetting prohibition)
- §7. Special terms and conditions for the Customer
- 7.1 Role of the Platform
- [7.2 Transport responsibility](#72-transport responsibility)
- [7.3 Goods information](#73-goods information)
- [7.4 Document verification](#74-document verification)
- 7.5 Payments
- [7.6 Limitation of liability](#76-limitation of liability)
- 7.7 Complaints
- 7.8 Indemnity
- §8. Special Conditions for Carriers
- [8.1 Self-employed person](#81-self-employed person)
- 8.2 Carrier's liability and guarantees
- 8.3 Insurance and contractual regime
- 8.4 Documentation
- 8.5 Payments
- [8.6 Limitation of liability](#86-limitation of liability)
- 8.7 Indemnity
- §9. Transport Agreement
- 9.1 Formation of Transport Agreement
- 9.2 Cancellation and non-performance
- 9.3 Liability of the Parties in the event of non-performance
- §10. Intellectual Property Rights
- §11. Term and Termination
- 11.1 Term and Termination
- 11.2 Termination by User
- 11.3 Termination by Transvect
- 11.4 Immediate Termination in the Event of Insolvency
- 11.5 Financial Consequences in the Event of Termination
- [11.6 Continuation of Validity](#116-continuation of validity)
- §12. Force majeure
- §13. Full Settlement
- §14. Invalidity
- §15. Assignment
- [§16. Data protection](#16-data protection)
- §17. Applicable law and disputes
- [§18. Contact details](#18-contact details)
§1. General and definitions
1.1 General
These general terms and conditions (the “Terms”) govern the use of the digital Platform provided by Transvect Group AB, company no. 559525-4144, with its registered office in Malmö (“Transvect”). The Terms apply to legal entities and sole traders who use the Platform in their business activities, including purchasers of transport services (“Orderers”) and transport companies (“Carriers”). The Platform is a B2B service and may not be used by consumers. By registering an account or otherwise starting to use the Platform, the user enters into an agreement with Transvect and accepts these Terms. The Terms constitute an integral part of the Agreement between Transvect and the user (the User).
1.2 Definitions
Terms that begin with a capital letter in these Terms have the meaning set out below.
- Acceptance: A binding declaration of intent made by a User through active action via the Platform to accept a transport offer from another User, whereby a Transport Agreement arises directly between the parties. Transvect is not a party to and does not participate in the Acceptance other than by providing the technical function through which the declaration of intent is registered. Acceptance is registered electronically in the Platform and documented in the system.
- User Data: All information and data that the User provides, registers or otherwise makes available within the framework of the Services, including but not limited to user details, orders, inventory data and payment-related information. User Data also includes such information that is processed by Transvect on behalf of the User within the framework of the Services.
- User: Orderer and/or Carrier.
- Agreement:
- Platform Agreement (“Agreement”): The agreement between Transvect and the User that arises through registration of an Account or use of the Platform and that regulates Transvect’s provision of the Services. These Terms and Conditions constitute an integral part of the Platform Agreement. If Transvect and the User enter into a separate written agreement (for example, a main agreement or supplementary agreement), such agreement shall prevail over these Terms and Conditions to the extent of any conflict.
- Transport Agreement: The agreement for transport services that arises directly between the Orderer and the Carriers through Acceptance via the Platform. Transvect is not a party to Transport Agreements and does not provide contract templates or standard terms and conditions for such agreements.
- Third Party Agreement: Separate agreement between User and external service provider, such as Stripe Connect, which regulates payment processing or other third party service. Transvect is not a party to such agreement.
- Orderer: Companies that use the Platform to establish contact with and enter into Transport Agreements directly with independent Carriers.
- Intellectual Property Rights: All intellectual property rights and related rights, including but not limited to copyright, database rights, domain name rights, trademark rights, design rights, related rights, patent rights and rights to know-how.
- Account: The user account registered by or for the User and which, after logging in with authorized details, provides access to the Platform's functions and enables the use of the Services in accordance with the Agreement.
- Material: All content and other material that one party provides to the other party within the framework of the Agreement, including but not limited to texts, images, logos, graphic material, audio, video, documentation and digital content. Material also includes material that is produced specifically within the framework of the Agreement, unless otherwise stated.
- Party: Transvect and the User jointly, or separately.
- Platform: The digital platform that Transvect provides via the website and any mobile applications, through which the Services are made available to Users.
- Platform Fee: The remuneration that Transvect charges the User for the provision of the Services in accordance with the Agreement.
- Protected Contact: Has the meaning set out in §16.
- Services: The digital services that Transvect provides to the User under the Agreement, including but not limited to access to the Platform and its functions such as the order view, order management, quote function, communication, notifications and enabling integration with third-party services such as Stripe Connect.
- Carrier: Independent transport company that offers transport services via the Platform.
- Transvect: Transvect Group AB
- Website: www.transvect.se
§2. Role and legal status of the Platform
2.1 Technical infrastructure
The Platform constitutes a digital technical infrastructure that enables Customers and Carriers to publish, respond to and enter into Transport Agreements with each other. Transvect exclusively provides an automated and user-controlled IT service. Transvect:
- does not initiate transport assignments,
- does not select or assign Carriers to assignments,
- does not negotiate terms,
- does not set prices or compensation levels,
- does not represent any User,
- does not act as a Carrier, transport intermediary, freight forwarder, commission agent or agent. Transport contracts arise exclusively through the parties' own dispositions via the Platform functions. The Platform may contain automated functions that, based on the user's previous activity, specified parameters or system-generated calculations, present suggestions, alternatives or sorting order of available transport assignments or Carriers. Such functions constitute technical information tools and do not constitute advice, recommendation, quality guarantee or control of the User's choices. All business decisions, including the choice of counterparty and the conclusion of Transport Agreements, are made exclusively by the User.
2.2 No control over business decisions
All business decisions regarding transport assignments – including price, scope, conditions, acceptance and performance – are made independently by the Orderer and Carriers.
Transvect has no actual or legal control over the parties' business relationship and bears no responsibility for the outcome, performance or fulfillment of the Transport Agreement.
2.3 No payment control
Payments between Users are handled by an external payment service provider (Stripe Connect).
Transvect:
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does not hold client funds,
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does not control payment flows,
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cannot withhold, freeze or refund funds,
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is not a merchant of record,
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is not a party to payment transactions.
Transvect's remuneration relates to access to technical infrastructure and arises independently of the execution of the transport.
2.4 No dispute function
Transvect does not participate in, mediate or resolve disputes between Customers and Carriers. Disputes regarding Transport Agreements, payment or performance shall be handled exclusively between the parties concerned.
§3. Account registration and authority
3.1 Registration
Registration may only be carried out by Swedish-registered legal entities and sole traders. Anyone registering an account for a legal entity certifies that he or she is authorized to represent the company and enter into binding agreements on its behalf. The user is responsible for ensuring that the information provided is correct and up-to-date and for all activity that occurs through the account. Transvect has the right to temporarily suspend or terminate the account if the User materially violates the Agreement or applicable law, or if it is otherwise necessary to prevent damage, a security risk or legal risk. The user shall be notified of the action, unless it is inappropriate for the investigation or security.
3.2 Verification and registration control
Transvect has the right to request registration certificates, organizational information, identity documents, powers of attorney or other documentation reasonably required to administer access to the Platform and ensure that the User is a legal entity or entrepreneur. Such verification is of an administrative nature and does not constitute:
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credit check,
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quality assessment,
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guarantee of solvency,
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guarantee of performance, or
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assumption of responsibility for the User's activities.
The User is responsible for ensuring that all information provided is accurate and up-to-date.
Transvect has the right to temporarily restrict or deny access to the Platform if requested documentation is not provided or if the information provided appears to be incorrect.
§4. Use and Abuse
4.1 Unauthorized Use
The User may not use the Services in violation of the Agreement or applicable law. It is further prohibited to use the Services in a manner that causes or risks causing damage, security risk, operational disruption or other undue impact on Transvect, the Platform or a third party, including unauthorized access, overloading, distribution of malicious code or fraudulent use.
4.2 No liability for user-generated content
Transvect is not responsible for information or Materials that Users provide via the Platform.
Transvect does not conduct any general or systematic pre-screening of content that is uploaded by Users. However, Transvect has the right to review, restrict or remove content that violates the Agreement or applicable law, or that may otherwise cause damage or legal risk.
The User is fully responsible for all content that he or she provides via the Platform.
4.3 Prohibited Actions
The following are prohibited: a) to distribute malicious code, viruses or other technical features that may damage or disrupt the Platform or third party systems, b) to store or make available information or Materials that infringe the intellectual property rights of others, c) to use the Platform to plan, promote or facilitate criminal activity, d) to store or make available Materials that are illegal, threatening, defamatory or otherwise violating applicable law, e) to use the Platform in a manner that causes or risks causing operational disruption, security risk or other damage to Transvect, another User or third party.
4.4 Measures in the event of a breach
If Transvect, after reasonable assessment, finds that the User has violated this Article 4 or applicable law, or if there is reasonable ground to assume that such a breach exists, Transvect has the right to take necessary and proportionate measures. Such measures may include temporary or permanent suspension of the Account, restriction of access to the Services or termination of the Agreement with immediate effect. Transvect is not liable for damage arising from action under this paragraph, provided that the action was objectively justified.
4.5 Contact with authorities
Transvect has the right, in accordance with applicable law, to report suspected criminal activity taking place via the Platform to the competent authority. Transvect may in connection therewith disclose relevant information and Material to the competent authority to the extent required by law or authority decision. Such disclosure shall be in accordance with applicable data protection legislation.
4.6 Disclosure of information and indemnity
Transvect may, in accordance with applicable law and data protection legislation, disclose identifying information about Users to third parties who claim that the User has violated its rights, provided that: a) the third party submits a sufficiently specified and substantiated request, b) disclosure is necessary to enable the examination or exercise of a legal claim, and c) Transvect, after an independent and documented balancing of interests, deems that the disclosure is proportionate. Transvect may also disclose information if this follows from law, court decision or authority decision. Disclosure shall be limited to what is necessary.
4.7 Suspension
If Transvect, after objective and proportionate assessment, determines that the operation of the Platform, Transvect's or third party's systems or networks is at risk of being hindered, impaired or compromised, Transvect has the right to take necessary protective measures. Such measures may include temporary limitation or suspension of the Services. Termination of the Agreement may occur if the risk is serious or if the violation is material. Measures under this paragraph shall be proportionate and, where possible, preceded by notification to the User.
4.8 Breach of Article 4
In the event of a breach of this Article 4, the User shall compensate Transvect for the damage that arises as a result of the breach. The User shall further indemnify Transvect for justified third-party claims directed against Transvect and that directly relate to the User's breach of this Article 4, provided that Transvect without undue delay notifies the User of such claim and gives the User the opportunity to take over the handling of the claim.
§5. Implementation, integration, maintenance
availability and support
5.1 Implementation and integration
The Service may require technical implementation or configuration to function correctly. Unless otherwise expressly agreed in writing, the User is responsible for such implementation and for providing that the necessary technical conditions exist.
The Services may enable integration with third-party products or third-party services. Such integration requires that the User enters into a separate agreement with the relevant third party and accepts its terms and conditions. Transvect is not responsible for the function, availability or security of third-party products or services. However, Transvect is responsible for the part of the Services provided by Transvect functioning in accordance with the Agreement.
5.2 Maintenance
Transvect has the right to perform maintenance and make changes, updates and upgrades to the Platform. Such measures may result in changes in functionality or temporary interruptions in availability. Transvect shall, to the extent practicable, plan maintenance so that disruptions are limited and carried out at times of low load. Planned maintenance that can be expected to cause interruptions shall be notified in advance by email or by message on the Platform. Emergency maintenance may be carried out without prior notice. Transvect has the right to decide on the timing and content of updates and upgrades. When a new version of the Platform is introduced, older versions may cease to be available. Changes shall not, without objective grounds, significantly impair the core functionality of the Services.
5.3 Availability and backups
Transvect takes reasonable technical and organizational measures to maintain the availability of the Services but does not guarantee uninterrupted or error-free operation. Transvect shall perform backups of User Data to the extent that Transvect deems appropriate for maintaining operations and system recovery. Such backups does not constitute an individual storage service for the User. The User is responsible for backing up and preserving the information that is of importance for the business. Transvect is not obliged to restore specific User Data upon request. If Transvect nevertheless, at its own discretion, assists with restoration, Transvect may charge reasonable compensation for the work.
5.4 Support
Documentation regarding implementation, technical use and basic troubleshooting of the Platform and the Services is provided via the Website. Unless otherwise expressly agreed in writing, Transvect's support only includes technical support regarding the functionality of the Services. The support is limited to investigating and fixing errors that can be reproduced and that are attributable to the Platform. The support does not include advice regarding the User's business, handling of transport assignments, disputes between Customers and Carriers or issues relating to third-party products or services. Support is provided via the Website or via email. Transvect takes reasonable steps to respond to support requests but does not guarantee a specific response time or solution, unless otherwise agreed upon in a separate support agreement or service agreement.
5.5 Processing and analysis of user data
Transvect has the right to internally process and analyze User Data, including identifiable data, for the purpose of providing, administering, developing and improving the Services.
Transvect further has the right to use, compile and commercially exploit aggregated and anonymized data generated through the use of the Platform, provided that individual Users cannot be identified. The processing of personal data takes place in accordance with §16 and Transvect's then-current privacy policy.
This provision does not mean that ownership of User Data is transferred to Transvect.
§6. Fees and payment
6.1 Annual fee
The carrier shall pay an annual fee. The fee is invoiced in advance and can, according to the agreement, be divided into a maximum of four quarterly payments. Payment must be made no later than the due date according to the invoice. In the event of delay, Transvect is entitled to delay interest according to the Interest Act and the right to temporarily suspend access to the Services until full payment has been made. The fee is non-refundable, except to the extent otherwise provided for by mandatory law or express written agreement.
6.2 Transaction-based platform fee
For each order accepted via the Platform, the Carrier shall pay a transaction-based platform fee equivalent to 6 percent of the price agreed between the Ordering Party and the Carriers, excluding VAT. The fee is not affected by the transport assignment being later changed, cancelled or not carried out between the Ordering Party and the Carriers. Any financial consequences of cancellation, change or non-performance are regulated exclusively between the Ordering Party and the Carriers in their Transport Agreement. However, this does not apply if the Acceptance has arisen as a result of Transvect's negligence in providing the Services. Transvect's liability is otherwise regulated in §7.6 and §8.6 respectively. The compensation does not mean that Transvect is acting as a Carrier, intermediary, subsequent Carrier or principal.
6.3 Payment Processing
Payments between Orderers and Carriers are processed by an external payment service provider, currently Stripe. The User enters into a separate agreement with Stripe and accepts its terms and conditions. Transvect does not hold client funds, does not act as a payment service provider or payment intermediary and is not a party to payment transactions between Users. Transvect is not responsible for payment delays, refunds, chargebacks or payment disputes relating to Stripe's payment services or the relationship between Users and Stripe. Transvect's liability is limited to damage arising from Transvect's negligence in providing the technical integration with Stripe.
6.4 Stripe Terms
All payment processing via the Platform is subject to Stripe's then-current terms and conditions. Transvect only provides technical integration via Stripe Connect and has no control over Stripe's payment services.
6.5 Payment Disputes
Payment disputes, chargebacks, refunds, taxes and other financial matters arising in connection with transactions via Stripe Connect shall be handled directly between the parties concerned and Stripe.
Transvect is not a party to and is not responsible for such matters.
6.6 No Financial Liability
Transvect is not responsible for any financial obligations or claims arising between Orderer and Carrier or between User and Stripe, including but not limited to payments, refunds, taxes or fees.
Transvect's liability is limited to damage caused by Transvect's negligence in the provision of the Services.
6.7 Compliance with Stripe's Terms
The User is responsible for complying with Stripe's terms and conditions in force at any time and applicable legislation, including rules regarding money laundering, taxes and payment card standards.
6.8 Payment Obligation
Payment obligations regarding transport services exist exclusively between the Orderer and Carriers.
6.9 Payment Processing Support
Transvect's support does not cover payment disputes or other financial issues related to Stripe. Support is limited to technical issues related to the functioning of the Platform.
6.10 Prohibition of Set-Off
The User may not set off a claim against Transvect against a payment obligation under the Agreement, unless the claim is acknowledged in writing by Transvect or established by a final judgment.
§7. Special Terms and Conditions for Customers
7.1 Role of the Platform
Transvect is not a party to any Transport Agreement. Transport Agreements are concluded directly between Customers and Transporters. Transvect does not perform transport services and:
- does not take actual or legal possession of goods,
- is not responsible for loading, unloading, handling or storage,
- does not determine the transport route, delivery time, price or method of transport,
- does not issue shipping documents or transport documents in its own name,
- is not responsible for the execution or results of the transport. The Customer is responsible for its choice of Transporter and the Transporter is responsible for the performance of the transport service. The Customer is aware that Transvect has not reviewed, approved or recommended any Transporter in material terms and that the choice of Transporters is at the Customer's own commercial risk.
7.2 Transport Liability
The Carrier is responsible for the transport service in accordance with applicable transport legislation and the Transport Agreement entered into with the Customer. Transvect is not a party to the Transport Agreement and is not responsible for the performance of the transport, including damage, loss, delay or other error in connection with the transport. The Carrier acts as an independent entrepreneur and is responsible for holding the required permits and complying with applicable legal requirements.
7.3 Goods information
The Customer is responsible for ensuring that all information about the goods provided via the Platform is correct, complete and compliant with applicable law. This includes, in particular, but not exclusively, information about:
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the nature, quantity, weight and dimensions of the goods,
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requirements for special handling or temperature control,
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whether the goods are subject to special regulations, including dangerous goods,
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export or sanction restrictions,
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any security requirements or permits. The Customer is responsible for all consequences of incorrect, incomplete or misleading information about the goods, including but not limited to:
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injury to persons or property,
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environmental damage,
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government sanctions,
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additional costs, delays or administrative fees. The Customer shall indemnify Transvect for claims made against Transvect as a result of incomplete or incorrect goods information.
7.4 Document verification
Transvect may request that the Customer or Carriers provide registration certificates, permits, insurance certificates or other documentation in connection with registration or at a later time. Such documentation is handled exclusively for administrative purposes to enable access to the Platform. Transvect does not conduct any material review, quality assessment or ongoing control of the validity, accuracy or timeliness of the documents and provides no guarantee regarding such documents. The User is solely responsible for ensuring that all permits, insurances and other documents are valid and up-to-date throughout the use of the Platform. Transvect is not liable for damage arising from documents being incorrect, incomplete or expired. Transvect has no obligation to monitor, renew or follow up on documentation provided.
7.5 Payments
Payments between the Orderer and the Carriers are processed by an external payment service provider, currently Stripe. Transvect is not a payment intermediary and is not considered to have actual or legal possession of payment instruments. Transvect is not liable for payment delays, returns or payment disputes that arise within the framework of the payment service provider's system, unless the damage has arisen through Transvect's negligence in providing the Services. The platform fee constitutes compensation for access to digital infrastructure and is not compensation for transportation services. The fee is not refundable due to a dispute between the Orderer and the Carriers, provided that the fee has been correctly incurred in accordance with the Agreement. The annual fee is non-refundable, except as required by mandatory law or express written agreement.
7.6 Limitation of Liability
Transvect is liable, to the extent permitted by law, only for direct damage arising from Transvect's negligence in providing the Services. Transvect's total liability under the Agreement is limited to the amount paid by the User in platform fees during the twelve (12) months preceding the damaging event. Transvect is not liable for indirect damage, consequential damage, loss of profit, business loss or other economic consequential loss. Transvect is also not liable for:
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incorrect choice of counterparty,
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incorrect information provided by the User,
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lack of insurance or permission from Carriers,
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non-payment,
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or any other circumstance attributable to the relationship between the Customer and the Carriers. Disputes relating to the performance of the transport shall be settled exclusively between the Customer and Carriers. Transvect is not obliged to mediate or settle such disputes. The limitation does not apply in the event of intent or gross negligence.
7.7 Complaints
A party wishing to make a claim against Transvect shall notify Transvect in writing without undue delay after the fault or the damaging event has been discovered or should have been discovered. In any case, claims shall be made in writing no later than ninety (90) days from the date on which the injured party became, or reasonably should have become, aware of the circumstances on which the claim is based.
Failure to make a complaint within the prescribed time shall result in the right to assert the claim being lost.
7.8 Indemnity
The Customer shall indemnify Transvect against claims, damages, losses and reasonable costs, including legal costs and government sanctions, to the extent that such arise as a result of the Customer's breach of the Agreement or applicable law.
The indemnity obligation specifically includes claims directly related to:
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incorrect or incomplete information about goods,
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failure to correctly declare dangerous goods,
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violations of export control or sanctions regulations,
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illegal or unauthorized goods,
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third-party claims related to cargo,
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personal or property damage caused by incorrect information from the Customer.
The indemnity liability does not apply to the extent that the damage was caused by Transvect's intent or gross negligence.
Transvect shall notify the Customer of claims without undue delay and give the Customer the opportunity to participate in the handling of such claims.
§8. Special conditions for Carriers
8.1 Independent entrepreneur
The Carrier is an independent entrepreneur and performs transport assignments in its own name, on its own account and under its own responsibility. No employment, agent, commission or other representation relationship arises between Transvect and the Carrier. Transvect provides a digital Platform that enables contact between Carriers and clients. Transvect does not exercise any management or operational control over the Carrier's operations. The Carrier is responsible for holding the required permits, insurance and for fulfilling obligations regarding taxes, fees and personnel. The Carrier may not indicate Transvect as a contractual party, Carrier, forwarder or responsible party in a freight document, quotation, marketing or other documentation relating to transport assignments.
8.2 Carrier's liability and guarantees
The carrier is responsible independently and in its own name for the execution of transport assignments and for all transports being carried out in accordance with applicable law, government regulations and industry practice. The carrier is particularly responsible for:
- holding the required permits, registrations and certifications,
- maintaining valid and sufficient liability insurance,
- handle and transport goods in a professional and safe manner,
- ensure that drivers and subcontractors meet applicable requirements. The carrier is liable for damage arising from inadequate performance, negligent handling, lack of permits or insurance. The carrier shall indemnify Transvect for claims against Transvect resulting from the carrier's failure to perform transport assignments. The carrier's liability is not affected by the fact that goods information has been provided by the Ordering Party, unless the damage has been exclusively caused by incorrect or incomplete information in accordance with §7.3.
8.3 Insurance and contractual regime
The carrier is responsible for determining the terms and conditions for each transport assignment in an agreement with the Ordering Party. The transport agreement is concluded exclusively between the carriers and the Ordering Party and may, if the parties so agree, be regulated by, for example, NSAB 2015 or another applicable transport contract regime. Transvect is not a party to the Transport Agreement and is not covered by NSAB, CMR or other transport liability legislation in relation to the performance of the transport. The Carrier is responsible for holding and maintaining the necessary insurance for its operations.
8.4 Documentation
Transvect may request that the Carrier provide registration certificates, traffic permits, insurance certificates or other documentation in connection with registration or during the term of the agreement. Such documentation is handled exclusively for administrative purposes to enable access to the Platform. Transvect does not conduct any material review, supervision or ongoing control of the validity, accuracy or timeliness of the documents and provides no guarantee regarding such documents. The Carrier is solely responsible for ensuring that all permits, insurance and other documents are valid, accurate and up-to-date throughout the use of the Platform. Transvect has no obligation to monitor, renew or follow up on any documentation provided and is not liable for any damage arising from any documents being incorrect, incomplete or expired.
8.5 Payments
Payments between the Ordering Party and Carriers are processed by an external payment service provider, currently Stripe. The Carrier enters into a separate agreement with Stripe and accepts its terms. Transvect does not guarantee payment from the Customer and is not responsible for payment delays or payment disputes that arise within the payment service provider's system, unless the damage arose through Transvect's negligence in providing the Services. Transvect is not deemed to have actual or legal possession of the means of payment.
8.6 Limitation of Liability
Transvect is liable, to the extent permitted by law, only for direct damage arising from Transvect's negligence in providing the Services. Transvect's total liability under the Agreement is limited to the amount paid by the User in platform fees during the twelve (12) months preceding the damaging event. Transvect is not liable for indirect damage, consequential damage, loss of profit, business loss or other consequential economic loss. Transvect is also not liable for:
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incorrect choice of counterparty,
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incorrect information provided by the User,
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lack of insurance or permission from Carriers,
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failure to pay,
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or any other circumstance attributable to the relationship between the Customer and Carriers. Disputes relating to the performance of the transport shall be settled exclusively between the Customer and the Carriers. Transvect is not obliged to mediate or settle such disputes. The limitation does not apply in the event of intent or gross negligence.
8.7 Indemnity
The Carrier shall indemnify Transvect against claims, damages, losses and reasonable costs, including legal costs and administrative penalty fees, to the extent that such arises as a result of the Carrier's activities or breach of the Agreement or applicable law. The indemnity liability includes in particular claims directly relating to:
- the performance of the transport, including damage, loss or delay,
- personal or property damage,
- lack of insurance,
- lack of compliance with law, permit or industry requirements,
- incorrect or misleading information from the Carrier. Liability for damages does not apply to the extent that the damage was caused by Transvect's intent or gross negligence. The carrier is responsible for ensuring that transport is carried out in accordance with applicable law. Transvect has the right to take measures under the Agreement, including suspension, in the event of suspicion of illegal activity.
§9. Transport Agreement
9.1 Formation of Transport Agreement
Transport Agreements are formed between the Customer and Carriers through Acceptance in accordance with §1.2. Transport Agreements are binding between the parties as of Acceptance. Transvect is not a party to the Transport Agreement and is not responsible for its content or performance.
9.2 Cancellation and non-performance
Any cancellation, change or non-performance of transport assignments is regulated exclusively between the Customer and Carriers. Transvect is not responsible for the financial consequences of transport assignments not being carried out, regardless of the reason.
9.3 Liability of the Parties in the event of non-performance
If the Customer or Carriers fail to complete a transport assignment that is binding through Acceptance, that party is liable to the other party in accordance with applicable law and their mutual agreement. Transvect is not responsible for such disputes or claims.
§10. Intellectual Property Rights
All intellectual property rights relating to the Platform and the Services belong to Transvect or its licensors. The User receives a limited, non-exclusive and non-transferable right to use the Platform in accordance with these Terms and Conditions during the term of the Agreement. The User may not copy, modify, decompile, sublicense or otherwise dispose of the Platform other than as expressly permitted under the Agreement. The license shall automatically terminate upon termination of the Agreement. Users may not use Transvect's name or trademark in a manner that gives the impression that Transvect is a party to the Transport Agreement or is responsible for the transport service.
§11. Term of Agreement and Termination
11.1 Term of Agreement
The Agreement shall be valid until further notice from registration.
11.2 Termination by User
The User may terminate the Agreement at any time by written notice to Transvect or by terminating his/her Account. Termination does not affect the obligation to pay fees already incurred.
11.3 Termination by Transvect
Transvect may terminate the Agreement with six (6) months' written notice.
11.4 Immediate termination in the event of insolvency
Transvect has the right to temporarily suspend the Account or terminate the Agreement with immediate effect if the User:
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materially breaches the Agreement or applicable law,
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uses the Platform for fraudulent or unauthorized purposes,
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fails to fulfill payment obligations despite reminders,
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is declared bankrupt, initiates corporate restructuring, enters liquidation or can otherwise be presumed to be insolvent.
11.5 Financial consequences of termination
Upon termination of the Agreement, all due and unpaid amounts that the User owes to Transvect shall be paid immediately. Any fees paid in advance shall not be refunded, unless the Agreement has been terminated by Transvect without the User having committed a breach of contract. In such a case, Transvect shall refund the portion of the advance payment that relates to the period after the termination takes effect, calculated proportionally. This provision does not affect the right to damages under the Agreement.
11.6 Continued validity
Provisions that by their nature are intended to continue shall continue to apply after the termination of the Agreement.
§12. Force majeure
Transvect shall not be liable for failure or delay in fulfilling its obligations under the Agreement if this is due to circumstances beyond Transvect's reasonable control, such as war, decision of the authorities, labor dispute, natural disaster, extensive operational disruption, cyber attack or other similar event. The party invoking force majeure shall notify the other party without undue delay. If the duration of force majeure exceeds three (3) months, each party has the right to terminate the Agreement with immediate effect.
§13. Complete Regulation
The Agreement, including any annexes, constitutes the entire regulation of the parties regarding the use of the Platform and supersedes any prior oral or written agreements on the same subject matter. In the event of a conflict between documents, a specifically agreed agreement shall take precedence over these Terms.
§14. Invalidity
If any provision of the Agreement is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions. In such a case, the parties shall replace the invalid provision with a valid provision that achieves the original purpose to the greatest extent possible.
§15. Assignment
Transvect is entitled to assign its rights and obligations under the Agreement to group companies or in connection with a merger, transfer of operations or other restructuring. The User may not assign the Agreement without Transvect's written consent.
§16. Data protection
Transvect is the data controller for the processing of personal data that occurs within the framework of the operation and administration of the Platform, in accordance with Transvect's privacy policy in force at any time. To the extent that Transvect processes personal data for its own purposes such as development, improvement of the Services or production of aggregated statistics according to §5.5, Transvect is the data controller for such processing. To the extent that Transvect processes personal data on behalf of Users within the framework of the Services, Transvect shall act as a personal data processor and the parties shall in such case enter into a separate personal data processor agreement. Users are responsible for ensuring that the processing of personal data that occurs through their use of the Platform is in accordance with applicable data protection legislation.
§17. Applicable law and disputes
These Terms shall be interpreted and applied in accordance with Swedish law. Disputes concerning Transvect or these Terms shall be decided by a Swedish general court with Malmö District Court as the first instance.
§18. Contact details
Transvect Group AB Box 15048, 200 31 Malmö, Sweden transvectgroup@outlook.com www.transvect.se