Terms & Conditions

1.1“Backloaders”, “we”, “us” or “the Platform” means Backloaders, its owners, directors, employees, agents and affiliates, operating the Backloaders website and mobile application.

1.2“Shipper” (also referred to as the “Customer”) means any person or entity that posts a Load on the Platform for the purpose of obtaining Bids from Transporters.

1.3“Transporter” or “Carrier” means any person or entity that offers transport or carriage services through the Platform and places Bids on Loads.

1.4“Load” means any freight, goods or cargo posted on the Platform, together with the price, collection and delivery locations, dates, special instructions and all other particulars entered by the Shipper.

1.5“Bid” means an offer placed by a Transporter through the Platform to perform a Load at a stated price and on the terms of the posted Load.

1.6“Tokens” means the pre-paid platform credits purchased from Backloaders and used to pay Backloaders’ fees. Tokens are not money, do not accrue interest, are not transferable and have no value outside the Platform.

1.7“Transport Contract” means the direct legal contract that comes into existence between a Shipper and a Transporter when a Bid is accepted on the Platform.

2.1These Terms and Conditions constitute a legally binding agreement between the Shipper and Backloaders. By registering an account, posting a Load, accepting a Bid, or otherwise using the Platform, the Shipper accepts these Terms in full.

2.2If you register or post on behalf of a company or business, you warrant that you are authorised to bind that entity, and “you” includes that entity.

2.3You must be at least 18 years of age and have the legal capacity to contract under the laws of Zimbabwe.

3.1Backloaders is an online brokerage and matchmaking venue only. We provide the technology that allows Shippers to post Loads and Transporters to bid on them. We are not a carrier, freight forwarder, transport operator, insurer, or agent of any User.

3.2We do not own, operate, inspect or control any vehicle, and we do not handle, store, load, carry, or take possession, custody or control of any goods at any time.

3.3The Transport Contract for every Load is formed directly and exclusively between the Shipper and the Transporter. Backloaders is not, and shall never be deemed to be, a party to any Transport Contract.

3.4We do not review, verify, approve, endorse or guarantee the identity, credentials, licences, insurance, solvency, capability or performance of any User. Any ratings, scores or verification badges shown on the Platform are provided for convenience only and are not a recommendation or warranty by Backloaders.

4.1You warrant that every Load you post is described truthfully, accurately and completely, including the nature, weight, dimensions, quantity and packaging of the goods, the collection and delivery locations and dates, access conditions, and any special handling requirements.

4.2You warrant that you own the goods or are duly authorised to arrange their transport, and that the goods are lawful, properly packaged and safe to carry. You must not post any Load involving illegal, stolen, hazardous (unless fully and accurately declared) or prohibited goods.

4.3You are solely liable for any loss, damage, delay, fine or claim arising from an inaccurate, incomplete or misleading Load posting, and you indemnify Backloaders against any such claim.

4.4You must not include any contact information in a Load posting or its special instructions, as set out in clause 6 of these Terms.

5.1Each Bid placed by a Transporter is an offer to perform your Load at the Bid price on the posted particulars. When you accept a Bid on the Platform, a legally binding Transport Contract is immediately formed directly between you and the Transporter at the Bid price and on the particulars of your posted Load, including the agreed price, dates and locations. No further negotiation, signature or confirmation is required for the Transport Contract to be binding.

5.2By accepting a Bid you commit to: (a) make the goods available for collection as posted; (b) ensure the accuracy of the posted particulars; and (c) pay the Transporter the accepted Bid price in accordance with the Transport Contract.

5.3You may not unilaterally change the price, dates, locations or any material particular after accepting a Bid, except by written agreement with the Transporter.

5.4If you cancel, withdraw or fail to honour an accepted Bid, this constitutes a breach of these Terms and of the Transport Contract. Backloaders may suspend or terminate your account and record the cancellation against your profile, and you remain liable to the Transporter for any loss caused. Any fees earned by Backloaders in connection with the Load remain due and non-refundable.

5.5Payment for the transport service itself is made directly between you and the Transporter as agreed in the Transport Contract. Backloaders is not a party to, and bears no responsibility for, that payment unless the Platform expressly provides a payment facility.

5.6Discretionary Refunds: Any fees, Tokens or charges paid to Backloaders are non-refundable, save that Backloaders may, in its sole and absolute discretion, refund or re-credit any amount in whole or in part in exceptional circumstances. Any such refund is a gesture of goodwill only, does not constitute an admission of liability, creates no precedent and confers no right to any refund on any future occasion. Backloaders’ decision on any refund request is final and not subject to challenge or appeal.

6.1All communication between Shippers and Transporters prior to the acceptance of a Bid must take place exclusively through the Platform’s messaging and bidding functions.

6.2Users must not post, display or transmit any contact information anywhere on the Platform — including in load descriptions, special instructions, bids, attachments, images, usernames or messages — prior to Bid acceptance. Contact information includes, without limitation: telephone or mobile numbers, email addresses, physical or postal addresses, website URLs, social media handles, WhatsApp/Telegram/Skype IDs, company logos or any other information that would enable off-Platform contact.

6.3Backloaders may automatically or manually screen, edit or remove any content that breaches clause 2 above, and may suspend or terminate the account of any User who attempts to share contact details before Bid acceptance.

6.4Upon acceptance of a Bid (and, in the case of the Transporter, upon deduction of the applicable Tokens), Backloaders will release the relevant contact details of the Shipper and the Transporter to each other and put the parties in touch to arrange performance of the Transport Contract.

6.5Non-Circumvention: Users must not use the Platform to identify a counterparty and then engage, or attempt to engage, that counterparty off the Platform to avoid Backloaders’ fees. For a period of twelve (12) months from first introduction through the Platform, any transport work arranged between Users who were introduced by the Platform must be transacted through the Platform. Breach of this clause entitles Backloaders to charge the defaulting User a circumvention fee equal to the fees that would have been payable, plus recovery costs, and to suspend or terminate the account.

7.1You are solely responsible for insuring your goods for loss or damage in transit. Backloaders strongly recommends that you obtain goods-in-transit cover or confirm the Transporter’s insurance before the Load is collected.

7.2Backloaders does not provide, arrange, verify or contribute to any insurance, and gives no warranty that any Transporter holds insurance, or that any insurance held is adequate or current.

7.3All risk in the goods remains at all times with you and/or the Transporter as agreed in the Transport Contract, and never with Backloaders.

8.1To the maximum extent permitted by the laws of Zimbabwe, Backloaders shall have no liability whatsoever, whether in contract, delict (including negligence), statute or otherwise, for: (a) any loss of, damage to, theft, deterioration, contamination, delay in delivery or non-delivery of any goods; (b) any death, personal injury or property damage arising out of or in connection with any Load or Transport Contract; (c) any act, omission, default, insolvency, fraud or misrepresentation of any User; (d) any failure by a Shipper or Transporter to perform, or properly perform, a Transport Contract; and (e) any indirect, special, incidental or consequential loss, loss of profit, loss of business, or loss of income of any kind.

8.2Backloaders carries no insurance of any nature in respect of any goods, vehicles, Loads or Transport Contracts, and has no obligation to arrange, procure, verify or contribute to any insurance.

8.3Users transact with each other entirely at their own risk. Each User is solely responsible for conducting its own due diligence on any counterparty, including verifying identity, licences, permits, insurance and creditworthiness, before entering into or performing a Transport Contract.

8.4If, notwithstanding the foregoing, Backloaders is found liable to a User for any reason, Backloaders’ total aggregate liability shall be limited to the value of the fees (in Tokens) actually paid by that User to Backloaders in the three (3) months preceding the event giving rise to the claim, or, at Backloaders’ election, the re-supply of the Platform services.

8.5Nothing in these Terms excludes any liability which cannot lawfully be excluded under the laws of Zimbabwe, including applicable provisions of the Consumer Protection Act [Chapter 14:44]; in such cases Backloaders’ liability is limited to the minimum extent permitted by law.

8.6For the avoidance of doubt, you shall not hold Backloaders liable, and hereby waive any claim against Backloaders, in respect of: loss of, damage to, theft, delay or non-delivery of your goods; the conduct, competence, licensing or insurance status of any Transporter; cancellation or non-performance by any Transporter; or any other loss connected to a Load or Transporter.

9.1You indemnify and hold harmless Backloaders and its officers, directors, employees, agents and affiliates against all claims, demands, liabilities, damages, losses, fines, penalties, costs and expenses (including legal costs on an attorney-and-client scale) made against or incurred by Backloaders arising out of or in connection with: (a) your use of the Platform; (b) any Load, Bid or Transport Contract; (c) your breach of these Terms; (d) your breach of any law or the rights of any third party; and (e) any goods carried, lost or damaged in connection with your use of the Platform.

9.2Backloaders may set off and apply any Tokens or funds held in your account against any amount you owe to Backloaders under these Terms.

10.1Any dispute concerning the performance, non-performance, quality, payment, loss or damage under a Transport Contract is a matter strictly between the Shipper and the Transporter. Backloaders may, in its sole discretion, offer a voluntary dispute-assistance service, but is under no obligation to do so and accepts no liability for the outcome of any dispute.

10.2You agree not to join Backloaders as a party to any claim, arbitration or legal proceedings between Users relating to a Transport Contract.

11.1Backloaders may refuse registration, and may suspend or terminate any account, withhold Platform access, remove any Load or Bid, or forfeit Tokens, at any time and in its sole discretion, including for breach of these Terms, suspected fraud, attempted circumvention, posting of contact details, abusive conduct or failure to honour accepted Bids.

11.2Termination of your account does not release you from any obligation to pay fees already incurred, nor from the indemnities and liability limitations in these Terms, which survive termination.

12.1Backloaders collects and processes personal information (including identity, contact, vehicle and location data) in order to operate the Platform, facilitate introductions after Bid acceptance, prevent fraud and comply with the law, in accordance with the Cyber and Data Protection Act [Chapter 12:07] of Zimbabwe.

12.2You consent to Backloaders sharing your contact details with the relevant counterparty upon acceptance of a Bid, and to Backloaders monitoring on-Platform communications for compliance with these Terms, including the prohibition on sharing contact details.

13.1Backloaders may amend these Terms at any time by posting the amended terms on the Platform. Continued use of the Platform after posting constitutes acceptance of the amended Terms.

13.2If any provision of these Terms is held invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force.

13.3No failure or delay by Backloaders to enforce any right shall constitute a waiver of that right.

13.4You may not assign or transfer your rights or obligations under these Terms without Backloaders’ prior written consent. Backloaders may assign its rights and obligations without restriction.

13.5Backloaders shall not be liable for any failure of the Platform caused by events beyond its reasonable control, including power or telecommunications failures, internet outages, strikes, riots, acts of God or government action.

13.6These Terms, together with the Privacy Policy and any posted Platform rules, constitute the entire agreement between you and Backloaders and supersede all prior representations and agreements.

14.1These Terms and any dispute between you and Backloaders shall be governed by and construed in accordance with the laws of Zimbabwe.

14.2The parties submit to the exclusive jurisdiction of the courts of Zimbabwe, sitting at Harare, in respect of any dispute between a User and Backloaders. Acceptance and Signature By signing below (or by clicking “I Agree”, registering an account, posting a load, or placing a bid on the Platform), you confirm that you have read, understood and agree to be legally bound by these Terms and Conditions. Full Name: _________________________________________ Company / Trading Name: _________________________________________ ID / Company Registration No.: _________________________________________ Signature: _________________________________________ Date: _________________________________________