LOADBOARDSA (PTY) LTD

Terms & Conditions of Use (Online Load Board Platform)

Please read these terms carefully before using our platform.

1. DEFINITIONS

1.1: LoadBoardSA means LoadBoardSA (Pty) Ltd, the owner and operator of the platform.
1.2: Platform means the LoadBoardSA website, application, systems, and related services.
1.3: Client means any party advertising, requesting, or booking transport services via the platform.
1.4: Transporter means any carrier or logistics provider offering transport services via the platform.
1.5: User means any person or entity accessing or using the platform.
1.6: Load means any cargo or freight advertised, booked, transported, or managed via the platform.

2. PLATFORM ROLE & NATURE OF SERVICE

2.1: LoadBoardSA operates solely as a technology facilitation platform enabling Clients and Transporters to register, advertise, communicate, book, and manage loads.
2.2: LoadBoardSA is not a carrier, broker, agent, principal, freight forwarder, or contracting party unless expressly agreed in writing.
2.3: All transport contracts, payments, service levels, and obligations are concluded directly between the Client and the Transporter.

3. PAYMENTS & FINANCIAL RESPONSIBILITY

3.1: LoadBoardSA does not collect, hold, guarantee, process, or enforce payments between Clients and Transporters.
3.2: LoadBoardSA shall not be liable for:
    Fraudulent activity;
    Non-payment or delayed payment;
    Short payment, deductions, or offsets;
    Any payment-related dispute.
3.3: LoadBoardSA is not the client, debtor, creditor, or guarantor in respect of any load.

4. RATES & PRICING

4.1: All rates are set and agreed directly between Clients and Transporters.
4.2: LoadBoardSA:
    Does not dictate or negotiate rates;
    May provide non-binding market insights or advisory guidance only.
4.3: Rates are agreed on a request-and-acceptance basis.
4.4: Once a rate is accepted and the load executed, no renegotiation or uplift may be demanded.
4.5: This platform is not a bidding platform.

5. PERFORMANCE, KPIs & SERVICE LEVELS

5.1: LoadBoardSA does not guarantee performance, delivery times, service levels, or KPIs.
5.2: All performance obligations rest solely with the contracting Client and Transporter.

6. LOAD RISK, CLAIMS & LIABILITY EXCLUSIONS

6.1: LoadBoardSA shall not be liable for any claim, loss, or damage arising from:
    Theft of loads or part theft;
    Loss of loads;
    Late delivery or non-delivery;
    Illegal sale or diversion of goods;
    Goods-in-transit claims;
    Insurance claims or repudiations;
    Reputational damage or consequential losses.
6.2: All insurance, risk management, and claims remain the sole responsibility of the Client and/or Transporter.

7. DOCUMENTATION, PODS & PALLETS

7.1: LoadBoardSA is not responsible for:
    Lost, fake, altered, or unsigned PODs;
    Document disputes or queries;
    Outstanding pallets, pallet losses, or pallet-related costs.

8. TRACKING & DELIVERY UPDATES

8.1: Transporters are responsible for providing delivery and status updates using the platform's tools where available.
8.2: LoadBoardSA does not guarantee tracking accuracy and is not liable for delayed, missing, or incorrect updates.

9. STANDING TIME, COSTS & CONSEQUENTIAL LOSSES

9.1: LoadBoardSA shall not be liable for:
    Standing time;
    Overtime;
    Futile trips;
    Loss of revenue;
    Any direct, indirect, incidental, or consequential losses.
9.2: Any such costs must be agreed directly between the Client and Transporter.

10. FEES, SUBSCRIPTIONS & NON-COMMISSION STATUS

10.1: LoadBoardSA is not a commission-based platform and does not earn commission, brokerage fees, admin fees, booking fees, or transaction-based fees.
10.2: Neither the Client nor the Transporter is liable for any admin or facilitation fee to LoadBoardSA.
10.3: Transporter Subscription Model
    Transporters are required to pay a subscription fee for access to platform functionality, including:
        Viewing and booking loads;
        Advertising vehicle availability;
        Load tracking and updates;
        Load and activity management tools.
10.4: Client Access
    Clients may use the LoadBoardSA platform free of charge.
10.5: Subscription fees are payable solely for platform access and do not create any agency, brokerage, partnership, or performance obligation.
10.6: Subscription Payment, Grace Period & Suspension
     Subscription fees are payable in advance in accordance with the selected subscription plan.
     A grace period of seven (7) calendar days from the due date shall apply to overdue subscription payments.
     If payment is not received within the grace period, LoadBoardSA may, without notice:
        Suspend the Transporter’s account;
        Restrict access to loads, bookings, tracking, and management features.
     Continued non-payment may result in termination of the account.
     Access shall only be reinstated once all outstanding subscription fees have been paid in full.

11. PLATFORM DATA, INTELLECTUAL PROPERTY & ANTI-CIRCUMVENTION

11.1: All platform-generated data, listings, contact displays, analytics, and compiled databases constitute the intellectual property and proprietary database of LoadBoardSA.
11.2: Users retain ownership of their own personal information for POPIA purposes; however, all information displayed on the platform is licensed for use on the platform only.
11.3: Users may not:
        Harvest, scrape, copy, or reuse contact details;
        Circumvent the platform to transact off-platform;
        Exploit platform transparency to bypass subscriptions or monitoring.
11.4: Any manipulation, exploitation, or circumvention constitutes a material breach.
11.5: LoadBoardSA may suspend, restrict, or permanently terminate accounts engaged in such conduct.
11.6: Nothing in this clause limits rights under POPIA.

12. USER OBLIGATIONS & INDEMNITY

12.1: Users warrant that:
        All information provided is accurate and lawful;
        They hold all required licences, permits, and insurance;
        They comply with all applicable laws.
12.2: Users indemnify LoadBoardSA against any loss, claim, or liability arising from platform use or transactions.

13. POPIA & DATA PROCESSING

13.1: Personal information is processed in accordance with LoadBoardSA’s POPIA Consent & Privacy Notice.
13.2: Users consent to information being shared strictly to enable bookings and load management.

14. LIMITATION OF LIABILITY

14.1: To the fullest extent permitted by law, LoadBoardSA shall not be liable for any direct or indirect damages arising from platform use.

15. SUSPENSION, TERMINATION & ENFORCEMENT

15.1: LoadBoardSA may suspend or terminate access where misuse, fraud, manipulation, non-payment, or breach of these Terms is suspected.

16. ESCALATION & APPEAL PROCESS

16.1: Users may submit a written appeal against suspension or termination within 7 business days of notification.
16.2: Appeals must include relevant supporting evidence.
16.3: LoadBoardSA’s decision after review shall be final and binding, without prejudice to legal rights.

17. GOVERNING LAW

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

18. ACCEPTANCE

18.1: By registering on, accessing, or using the LoadBoardSA platform, Users confirm that they have read, understood, and agreed to these Terms and Conditions together with the POPIA Consent & Privacy Notice.