MYLOAD (PTY) LTD – Terms of Service

These Terms of Service ("Terms") govern access to and use of the MyLoad Platform by any User.

By creating an Account, clicking accept, or using the MyLoad Platform, you agree to these Terms.

If you do not agree, do not use the MyLoad Platform.

1. Definitions

• 1.1 "Account" means a User profile created on the MyLoad Platform.
• 1.2 "Business Day" means any day other than Saturday, Sunday, or public holiday in South Africa.
• 1.3 "Clearing" means the payment flow and ledger logic used by MyLoad to facilitate marketplace payments, including third party liabilities and platform fees.
• 1.4 "Job" means a shipment request, quote, acceptance, transport service, or any transaction facilitated through the MyLoad Platform.
• 1.5 "MyLoad" means MyLoad (Pty) Ltd.
• 1.6 "MyLoad Platform" means MyLoad proprietary marketplace systems, apps, websites, portals, workflows, dashboards, APIs, communications, and associated infrastructure.
• 1.7 "Platform Fee" means the fee charged by MyLoad for facilitating the marketplace, as displayed on the MyLoad Platform or otherwise agreed.
• 1.8 "Shipper" means a User requesting transport services.
• 1.9 "Transporter" means a User offering transport services.
• 1.10 "User" means any person or entity using the MyLoad Platform, including Shippers and Transporters.
• 1.11 "Third Party" includes brokers, insurers, underwriting managers, payment providers, banks, verification providers, and any other service provider not controlled by MyLoad.

2. Platform Role and Core Disclaimers

2.1 MyLoad is a marketplace and technology platform. MyLoad is not a carrier, freight forwarder, broker, dispatcher, agent, employer, or operator of transport services.

2.2 MyLoad does not take custody of goods. MyLoad does not control Transporters, drivers, routes, loading, offloading, warehousing, handling, or performance.

2.3 The transport contract is between the Shipper and the Transporter. MyLoad is not a party to that contract.

2.4 MyLoad does not provide insurance advice, does not act as an intermediary, and does not guarantee insurance coverage.

2.5 Any compliance visibility, verification, ratings, summaries, badges, or insurance indicators are informational and do not constitute warranties or guarantees.

3. Eligibility and Account Requirements

3.1 You must be legally capable of entering into a binding contract.

3.2 You must provide accurate, complete information and keep it updated.

3.3 You must maintain confidentiality of your login credentials and are responsible for activity under your Account.

3.4 MyLoad may require verification at any time and may suspend Accounts pending verification.

3.5 MyLoad may refuse onboarding or terminate access where risk, fraud, misrepresentation, or policy breaches are suspected.

4. Acceptable Use

4.1 You must not:

• 4.1.1 use the MyLoad Platform for unlawful purposes;
• 4.1.2 misrepresent identity, vehicles, licensing, permits, insurance, or authority;
• 4.1.3 manipulate pricing, ratings, or dispute processes;
• 4.1.4 scrape data, reverse engineer, or exploit platform vulnerabilities;
• 4.1.5 harass, threaten, or abuse other Users;
• 4.1.6 bypass the MyLoad Platform to avoid Platform Fees where the relationship originated on MyLoad.

4.2 MyLoad may suspend or terminate Accounts for breaches without liability.

5. Quotes, Acceptance, and Job Formation

5.1 Quotes are provided by Transporters, not MyLoad.

5.2 A Job is formed when a Shipper accepts a Transporter quote via the MyLoad Platform and all required steps are completed (including any required payment step).

5.3 Shippers must ensure load details are accurate. Transporters may re-quote or refuse where material differences exist.

5.4 MyLoad may implement controls, warnings, or workflow gates to protect marketplace integrity, but MyLoad does not guarantee performance.

6. Payments, Clearing, and Fees

6.1 MyLoad may facilitate payments between Shippers and Transporters using a Clearing model.

6.2 You authorise MyLoad to:

• 6.2.1 collect funds from Shippers for Jobs;
• 6.2.2 hold funds in a Clearing flow pending completion triggers;
• 6.2.3 deduct Platform Fees and any agreed charges;
• 6.2.4 pay Transporters according to the platform rules and completion status; and
• 6.2.5 reverse, hold, or delay payouts where disputes, fraud, chargebacks, or compliance failures are suspected.

6.3 MyLoad may change payment methods, payout cycles, and settlement rules from time to time.

6.4 You understand that bank processing times and payment provider processes are outside MyLoad control.

7. Disputes, Holds, and Claims

7.1 Disputes are primarily between Shipper and Transporter.

7.2 MyLoad may provide a dispute workflow and may pause payout during a dispute, but MyLoad does not adjudicate as a court and does not accept liability for the outcome.

7.3 Shippers and Transporters must provide evidence when requested. Failure to cooperate may result in adverse platform outcomes including rating impact, suspension, or payout holds.

7.4 MyLoad may release funds in accordance with platform rules if evidence is not provided within required timeframes.

8. Insurance, Risk, and Shipper Acknowledgements

8.1 Transport risk exists. You accept that loss, damage, delay, theft, or accidents may occur.

8.2 Insurance indicators shown on the MyLoad Platform are not guarantees.

8.3 Shippers are responsible for determining whether insurance is adequate for the goods being transported and for selecting a Transporter accordingly.

8.4 Where the platform presents an insurance acknowledgement step, Shippers must accept it before quote acceptance. If accepted, the Shipper confirms it understands that:

• 8.4.1 cover may have exclusions, limits, excesses, and conditions;
• 8.4.2 claims outcomes are determined by the insurer and policy terms, not MyLoad; and
• 8.4.3 MyLoad is not liable for insurance decisions, claim repudiations, or coverage gaps.

9. Transporter Compliance Obligations

9.1 Transporters must maintain all licences, permits, and legal compliance required for their operations.

9.2 Transporters must accurately disclose and maintain current documents where MyLoad requires onboarding or ongoing verification, including vehicle ownership, roadworthiness where relevant, driver licensing, and insurance summaries where required.

9.3 If a Transporter misrepresents compliance or insurance, this is a material breach and may result in immediate suspension, termination, damages claims, and reporting to relevant parties where lawful.

10. Shipper Obligations

10.1 Shippers must:

• 10.1.1 provide accurate load descriptions and instructions;
• 10.1.2 ensure goods are lawfully shippable;
• 10.1.3 ensure correct packaging unless the Job includes packaging;
• 10.1.4 ensure safe loading and offloading environments unless the Transporter explicitly accepts responsibility in writing.

11. Rating and Trust Systems

11.1 MyLoad may operate a rating, feedback, badge, and trust system.

11.2 Ratings are opinions and signals, not warranties.

11.3 MyLoad may remove or adjust ratings where fraud, manipulation, retaliation, or policy breaches are suspected.

12. Broker and Insurance Workflows (Where Enabled)

12.1 MyLoad may enable broker participation to provide comparative insurance options or improvements.

12.2 No broker engagement occurs unless a User opts in through the platform or a MyLoad approved process.

12.3 Broker services are provided by the broker under its own licence and at its own risk. MyLoad is not responsible for broker conduct.

12.4 MyLoad may earn fees from brokers for platform facilitation. This does not create a duty to recommend any broker and does not change the disclaimer in clause 2.

13. Intellectual Property

13.1 The MyLoad Platform, its content, workflows, databases, and software are owned by MyLoad or its licensors.

13.2 You receive a limited, revocable licence to use the MyLoad Platform for its intended purpose.

13.3 You may not copy, reverse engineer, resell, or exploit the MyLoad Platform without written consent.

14. Confidentiality and Non-Circumvention

14.1 Users must not use the MyLoad Platform to identify and bypass counterparties to avoid Platform Fees where the relationship originated on the MyLoad Platform.

14.2 MyLoad may enforce fees, suspend Accounts, and pursue recovery where circumvention occurs.

14.3 MyLoad platform logs and records constitute prima facie proof of transactions, introductions, and workflow steps.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, MyLoad is not liable for:

• 15.1.1 loss or damage to goods;
• 15.1.2 delays, route decisions, accidents, theft, or performance failures;
• 15.1.3 acts or omissions of Shippers, Transporters, drivers, brokers, insurers, or any Third Party;
• 15.1.4 indirect or consequential loss, loss of profit, loss of business, or loss of goodwill.

15.2 MyLoad total aggregate liability arising from or related to the MyLoad Platform or these Terms is limited to the total Platform Fees actually paid by the claiming User to MyLoad in the three (3) months preceding the event giving rise to the claim.

15.3 Nothing in these Terms limits liability that cannot be limited by law.

16. Indemnity

16.1 You indemnify and hold MyLoad harmless against any claim, loss, damage, liability, fine, penalty, cost, or expense arising from:

• 16.1.1 your breach of these Terms;
• 16.1.2 your unlawful conduct;
• 16.1.3 your misrepresentation;
• 16.1.4 your goods, packaging, loading, offloading, or instructions;
• 16.1.5 disputes between Shipper and Transporter;
• 16.1.6 claims related to insurance advice, broker conduct, or insurer decisions.

17. Suspension, Termination, and Survival

17.1 MyLoad may suspend or terminate your Account immediately for fraud, misrepresentation, circumvention, unlawful conduct, threats, harassment, repeated disputes, or platform risk.

17.2 You may close your Account subject to outstanding disputes, payment holds, legal obligations, and record retention requirements.

17.3 Clauses intended to survive will survive termination, including limitation of liability, indemnity, confidentiality, non-circumvention, and dispute provisions.

18. Changes to the Platform and Terms

18.1 MyLoad may update these Terms and platform rules from time to time.

18.2 Continued use after changes means you accept the updated Terms.

19. Governing Law and Jurisdiction

19.1 These Terms are governed by the laws of the Republic of South Africa.

19.2 Users consent to the jurisdiction of South African courts for disputes arising from these Terms.

20. Notices

20.1 MyLoad may send notices via in-app notification, email, or SMS to the contact details on your Account.

20.2 You must keep contact details current.