Thank you for visiting the Sana Logistics (“Sana Logistics,” “we,” “our,” or “us”) website titled “Sana logistic” (including any subdomains thereof and any websites through which we make our Services available) and if you (“you,” or “your”) have done so, downloading the Sana mobile, tablet or other smart device application and application program interfaces (collectively, the “Site”). 

IN RETURN FOR GAINING ACCESS TO AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THIS “AGREEMENT”) WITHOUT LIMITATION OR QUALIFICATION, SO PLEASE CAREFULLY REVIEW THIS AGREEMENT BEFORE ACCESSING OR USING THE SERVICES. 

If you do not intend to be legally bound by this Agreement, do not access or use the Services. By accessing or using the Services, you represent and warrant to us that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Services in accordance with all of the terms and conditions of this Agreement. This Agreement describes the terms by which we offer you access to and use of the Site and our online and mobile platform connecting Shippers with Truck Owners/Transporter for the transportation of cargo (the “Services”). 

As part of the Services, Shippers submit requests for the transportation of cargo and if Truck Owners/Transporter accept such requests, both Shippers and Truck Owners/Transporter can track such requests up to delivery of the cargo to the cargo recipient and destination designated by Shipper. 

We reserve the right in our sole and unfettered discretion to deny you access to the Services at any time. We reserve the right to, at any time, modify, suspend or discontinue the Services or any part thereof with or without notice. We shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services or any part thereof.

License to Use Services 

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services solely to permit you to make legitimate requests, or accept and fulfill such requests, for cargo transportation services and goods or otherwise transact business with us, and for no other purposes. 

You shall only use the Services for their intended purposes, as permitted by this Agreement, and only in accordance with applicable Republic, federal, state or local laws, codes, rules, regulations or orders of any governmental authority (“Applicable Law”). Any rights not expressly granted to you herein are reserved by us. 

Limitation on Your Use of Services 

You shall not, and shall not encourage or authorize any third party to, directly or indirectly, access or use the Services to do any of the following (each, a “Misuse”): 

1) Sell, resell, license, sublicense, distribute, rent or lease the Services, including as a service bureau or outsourcing offering or otherwise access or use the Services other than as expressly permitted hereunder; 

2) Make any fictitious, fraudulent, or abusive request or submission; 

3) Distribute, disseminate, post, or publish, store or transmit any (i) information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals (in each case, as determined by us in our sole discretion), (ii) any infringing, libelous, or otherwise unlawful or tortious material, or (iii) code, files, scripts, agents, or programs intended to do harm (including, for example, Viruses, Trojan horses, worms, time bombs, and cancel bots), or other computer programming routines or code that may damage or detrimentally interfere with the Services or any data or personal information maintained on or in connection with the Services(“Harmful Code”); 

4) abuse, stalk, or otherwise violate others’ legal rights, including but not limited to rights of privacy and publicity; 

5) engage in any commercial purpose, including advertising or offering to sell any goods or business opportunities, conducting contests or surveys, or advertising any employment, independent contractor positions, multi-level marketing opportunities, or securities; 

6) post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including Sana Logistic or any of our affiliates; 

7) download or upload files that you know, or reasonably should know, cannot be legally distributed through the Services; 

8) copy, modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the Services or any part, feature, function or user interface thereof; 9) frame or mirror any part of the Services; 

10) access the Services in order to build a competitive product or service, or for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; 

11) “harvest” or collect information from the Services (including information about other users of the Services or offerings, products or services available on or through the Services) using an automated software tool or manually on a mass basis; 

12) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any component thereof, except to the extent permitted by Applicable Law;

13) integrate or link to any open source software or freeware with the Services; 

14) remove any proprietary notices, labels or marks from the Services; or 15) engage in any other conduct that is, or that we deem to be, in conflict with this Agreement. 

We forbid each of the foregoing Misuses, and accessing the Services for any Misuse or other similar purposes is an unauthorized use of the Services. 

SANA Account Credentials 

For access to and use of certain features of the Site (including for registering as a Transporter, Cargo owner Clearing Agent or Driver), we may provide you with a user identification and password (“Sana Account Credentials”). 

The SANA Account Credentials are proprietary to and the property of SANA. However, you must take precautions to ensure the security of your SANA Account Credentials. We assume no responsibility for, and will not be liable in the event that, a third party learns your SANA Account Credentials or uses it to access your SANA account on the Site (“Account”)or cause damage to you. 

You must provide accurate, current and complete information during the registration process and keep your SANA Account Credentials and Account information up-to-date at all times. You may not give access to your Account to any person or entity. 

However, if you are a Transporter, you may give those you directly supervise or control as part of your business or employment, including Drivers (collectively, your “Agents”), access to your Account, provided that you must ensure Agents comply with this Agreement. Any act or omission of an Agent will be deemed to be your act or omission, for which you will be liable in accordance with the terms of this Agreement.

You will not, and if you are a Transporter will ensure your Agents do not, share SANA Account  Credentials with any other individual or allow any third party to access or use your Account or the Services under your SANA Account Credentials. 

Account Suspension; Termination 

We may suspend or terminate your access to the Services or to any features or portions thereof, at any time, for no reason or any reason and without notice, including if you violate this Agreement. 

If we suspend your access to the services, we will use commercially reasonable efforts to promptly restore your access to and use of the services after the event giving rise to the suspension has been resolved to our satisfaction. 

We may permanently remove or delete any information that you may have on file with us, including any user content or SANA Account Credential without any liability whatsoever. 

Privacy and Security 

Privacy. Our privacy policy can be found here and explains in detail how we collect, manage, process, secure, and store User Content and private information. 

Security. While we [will use commercially reasonable efforts] / [take reasonable steps] to safeguard and prevent unauthorized access to your private information (including User Content), we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information or User Content.

Your Communications with Us 

The Site may provide you with information as to how you can contact us by telephone. You may use these functions only for business purposes related to the Services. 

For quality assurance purposes, we may monitor, record, or transcribe the contents of these communications. By contacting us, you agree that the communication may be monitored, recorded, or transcribed and you consent to the monitoring, recording, or transcribing. Such records may be kept indefinitely or disposed of at our sole discretion. 

Governing Law; Dispute Resolution 

Governing Law. 

This Agreement’s interpretation or any disputes arising from your access to, dealings with, or use of the Services will be governed by and interpreted in accordance with the laws of the Republic of Tanzania, without regard to conflicts of law principles. 

Dispute Resolution. 

Any dispute or claim arising out of or related to this Agreement or your or your Agents’ use of the Services will be finally settled by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules. 

The arbitration will be conducted in English and Swahili in Republic of Tanzania, and judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. You, or we, may apply to any court or administrative body of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief.

You agree and understand that you will not bring against us or any of our affiliated entities, agents, directors, employees, or officers any class action lawsuit related to your access to, dealings with, or use of the Services. 

Indemnification 

GENERAL OBLIGATIONS. 

You agree to indemnify, defend, and hold us and our affiliates, and their respective officers, directors, employees, and agents, harmless from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants’ fees and disbursements) and costs (collectively, “Claims”), based on, arising out of or resulting from your use of the Services, submission of User Content, or interaction with other users of the Services, including any Claims alleging facts that, if true, would constitute your breach of this Agreement or Applicable Law. 

ADDITIONAL TRANSPORTER OBLIGATIONS. 

If you are a Carrier, you additionally agree to indemnify, defend and hold us, the Shipper you are providing transportation services to, and each of its and our respective affiliates, officers, directors, employees and agents, harmless from and against any and all Claims based on, arising out of or resulting from the performance or breach of this Agreement by you, your Drivers and other employees and contractors, including Claims for or related to personal injury (including death), property damage and your possession, use, maintenance, custody or operation of all equipment used to perform transportation services. 

The foregoing indemnification obligation will not apply to the prorated extent that any Claim is directly and proximately caused by the negligence or other wrongful conduct of the party to be indemnified.

You hereby expressly waive any exclusive remedy defense, including those available under any worker’s compensation or other occupational accident statutory regime to the extent necessary to effectuate your obligations under this provision. 

ADDITIONAL SHIPPER/CARGO OWNER/CLEARING AGENCY OBLIGATIONS. If you are a Shipper/Cargo Owner/clearing Agency, you additionally agree to indemnify, defend and hold us, the Transporters providing transportation services to you, and each of its and our respective affiliates, officers, directors, employees and agents, harmless from and against any and all Claims based on, arising out of or resulting from the performance or breach of this Agreement by you, your employees and contractors, including Claims for or related to personal injury (including death), property damage and your cargo. 

The foregoing indemnification obligation will not apply to the prorated extent that any Claim is directly and proximately caused by the negligence or other wrongful conduct of the party to be indemnified. 

You hereby expressly waive any exclusive remedy defense to the extent necessary to effectuate your obligations under this provision. 

We reserve the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us and you agree to cooperate with our defense of these Claims. 

You agree not to settle any Claim without our prior written consent. We will use reasonable efforts to notify you of any such Claim upon becoming aware of it.

Disclaimer 

DISCLAIMERS. Notwithstanding anything else set forth in this Agreement to the contrary and to the maximum extent permitted by Applicable Law: 

GENERAL. 

You use the services at your own risk. The services are provided “as is” and “as available” and without warranty of any kind, either express, implied, or statutory, including any implied warranties of expectation of privacy, fitness for a particular purpose, merchantability, non-infringement or title, or any warranties that may arise out of course of dealing, course of performance, usage or trade practice. 

We make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, availability, completeness, or accuracy of the services, or that they will be uninterrupted or free of errors, viruses, or other harmful components. In no event shall we or our affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special, exemplary or otherwise), including lost profits, lost data, personal injury, or property damage related to, arising out of, or in any way connected with; the use of or inability to use the services or for any of the content or products obtained through or otherwise in connection with the services, in each case regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether we were given actual or constructive notice that damages were possible. 

We do not guarantee that the services, or any portion thereof, will function on any particular hardware or device. Additionally, the services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. 

THIRD-PARTY ACTIONS AND CONTENT.

In addition to the foregoing, in no event will we or our affiliates be liable for any damages arising out of, or in any way connected with, a third party’s unauthorized access to your private information, SANA account credentials, account or user content, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether we were given actual or constructive notice that damages were possible. We do not control, endorse or take responsibility for any user content or third-party content available on or linked to by the services (including information on the services provided by Transporters,Shippers,Clearing Agencies, Cargo Owners or Drivers). We shall not be liable for any transaction or relationship between you and any third party (including any shipper, transporter,Clearing Agency or Driver), or any delay or failure in performance resulting from causes beyond our reasonable control. 

SERVICES NOT AVAILABLE EVERYWHERE. 

Since we provide services and products in many parts of the world, the site may refer to certain goods, products, or services that are not available in your area. A reference to goods, products, or services without limiting their geographic scope does not imply that we offer or intend to offer those goods, products, or services in all locations.