Regulation 123cargo

A. Preamble

  1. BursaTransport and 123cargo hereinafter known as APPLICATION. Known as BursaTransport on the territory of Romania and known as 123cargo outside Romania, is the software application hosted at the Internet addresses www.bursatransport.com and www.123cargo.eu which are the property of Dacodasoft SRL, company founded and operating according to Romanian laws, member of the ALPEGA Group. It is a professional B2B self-service application with prepaid access and with admission rules, designed for the operators and users of the road transport of merchandise services.
  2. Mission of APPLICATION. It facilitates the meeting of demand with the supply of road transport of merchandise. Launched in 2001 in Romania under the name of BursaTransport, now under the brand 123cargo, it turns from a platform of local interest into a platform of regional and international interest.
  3. Community (of APLICATION) and community members. Represent the totality of companies with active access to application.
  4. Users of APPLICATION. They are natural persons, proxies of company member of community of APPLICATION. They use the application strictly in the name and for the benefit of the company whose proxies they are. A company member of community has at least a user – the person who performed the operation of registration of company in application and a variable number of extra users, depending on the needs of use. Each user has an account of access to application. The account cannot be used simultaneously on several devices.
  5. Administration of APPLICATION. This is the team who administers the application. The Administration watches over the good functioning of the software application from technical point of view and the observance of the rules below by the community members and its users.
  6. Confidentiality policy. It is part of services contract made available by the administration and its provisions are applied and construed exclusively by reference to the specifics of the contract concluded between professionals, without the contracting parties being deemed or considered as affiliated operators or as Operators-authorized persons. The personal data of the Parties’ legal/conventional representatives as well as of the persons involved in the execution of the Contract shall be processed by the Parties in order to conclude and execute the contractual relationship or for other legitimate purposes, observing the provisions of the Data Protection Legislation.  
  7. Exchange of merchandise to be carried with other shipping exchanges. Between the APPLICATION and other shipping exchanges there is an exchange of posted merchandise for the purpose of increasing the number of their consultants. Now this happens with Teleroute and Cargo.LT.

B. Access to APPLICATION

  1. Registration of the company within the APPLICATION. Being a B2B platform, the registration of natural persons is not allowed. All contact details of the company's representatives are interpreted by the application administration as public data, business data and not as personal data. As the creation of user accounts by individuals/natural persons is prohibited, it is recommended that the data used in creating user accounts to be public data, already made available to the public by performing the advertising formalities required by law and not personal data which may allow that an employee of the company to be identified. The entire liability for failure of compliance with this recommendation and for all and any consequences arising from this failure of compliance rests with the company, any possible liability of the application administration being excluded.
    1. The initiation of registration of company on the platform belongs to the company. The registration is made by a company proxy. He/she will become the first user of the company.

    2. The registration of the company begins by declaration of the fiscal code of the company and the country where it has its registered office. The fiscal code at country of residence level is unique. Therefore, the same company cannot register several times on the platform.

    3. At the registration of company, the user declares the legal data of the company. The legal data declared will be checked by the administration of application at the granting of unlimited access to the platform, after the registration and the payment of the access cost.

    4. The finalization of company registration has the purpose of issuing the services agreement by Dacodasoft SRL as provider of services to the newly registered company. The company has the obligation to download it from the platform. The contract is signed at distance by electronic means and will not be issued in hardcopy by post.

  2. The Company ended the registration in application and is still inactive. This status lasts until the activation of access by the application administration. The activation of access is given after going through successfully the procedure of admission of new members by the administration. The procedure is executed at the reception of the access price paid by the company. Until then, the new company is still not visible to the community of application. The Company, by its user, cannot consult the postings of the other members and cannot post. In this stage, but also later, after obtaining access, the user can provide information about his own company. The administration of application strongly recommends you to make a profile as transparent as possible of own company for the purpose of facilitating the communication with the other members of community. This information is delivered at own responsibility of the company, but the application administration reserves the right to ask for evidence.
    1. Description of company activity and declaration of various licences and professional documents for road transport of merchandise

    2. Definition of various business locations of the company and contact data

    3. Contact persons and among them extra users of application. Positions and functions in company, business contact data, languages spoken

    4. Description of the park of vehicles and location to which they are assigned

    5. Mentioning the warehouses of merchandise and their types

  3. Selection of the mode of access to the whole content of application. Because the access is against a fee and prepaid, the user of company will select only one mode of access. The modes of access and access costs vary from one country to another. If the user encounters difficulties in this stage, he/she can address by phone or email to the customer service department. The assistance is offered instantly during the working hours from Monday to Friday. In general, the form of access to application is the prepaid subscription. For the companies which are residents in Romania, the application offers a wider range of modes of prepaid access. In Romania, the activation of access and various services is made by the purchase of CRB (virtual credit units). After the activation of CRBs, the user chooses and activates by himself the form of access or the services desired. For the companies not resident in Romania, the application offers the subscription as the only mode of prepaid access in which are included all the available services.
  4. Payment of access cost. It is made after the payment of a proforma invoice which the user downloads by himself from the application, depending on access or the desired services. The User can download any number of proforma invoices he wants. For the newly registered company on the platform, the payment by bank transfer from the company account is compulsory.
  5. Activation of the access of new member of community. It is carried out by going through the procedure of admission by the administration team. This procedure checks the legal data of the company as they are provided by its proxy. We also check the risks for the community of application generated by the admission of company. The administration of application reserves the right to refuse the activation of access of the company. If the refusal occurs without the new member having ever the access activated, the price paid by him is returned. If the access is granted, a fiscal invoice is made available on the platform to the company and its user or users are informed about the activation by an automatic message sent by the application.
  6. Status of active access of company in application. The access to the whole content of application is valid for the period of validity of the current subscription, and for the Romanian companies in addition, according to the chosen type of subscription. For the Romanian companies which have flexible access per day: access is active for the rest of the day where they activated access. The flexible access is self-suspended as long as the company has not activated flexible access, but has sufficient CRBs to activate one day of access. The access can be limited by the administration of application, for the non-observance of conditions of use. The limitation can be at the level of one user of the company or at the level of the whole company. The duration of limitation can be temporary or permanent.
  7. Renewal of the right of access to application. It is made at own initiative, maximum one month before the expiry of current subscription. The purchase of a new subscription leads to extension of access. The purchase of a new subscription can be made after the expiry of the current subscription, in this case it is not necessary to re-register the company on the platform.
  8. Status of inactive access. The company whose current access has expired remains visible for 2 weeks on the list of companies, with the mention that it has inactive access. On the list of companies, the companies to which the administration has permanently withdrawn the right of access remain listed as inactive.

C. Functioning of APPLICATION

  1. The right to  modify the content of this present document. Depending on the circumstances that may occur and with the purpose of increasing the safety of the transaction, the administration reserves the right to bring modifications that do not affect the current memberships.
    1. The totality of information submitted by the users of application is without any delay and unconditionally made available to all the other users. This information is not subject to any processing before making it available.

    2. Maintains the application in function for the period when the subscriptions are active

    3. Under any circumstances it cannot be held responsible or the liability of the administration of application cannot be invoked for the postings of the application users. It will not be liable for the direct and indirect prejudices suffered by natural or legal persons as a result of postings of users.

  2. Administration of data submitted in application by users.
    1. The data submitted about own company for the purpose of transparency towards the community of application, and the postings of merchandise to be carried or trucks available, can be consulted only in application, only by the members with active access and do not become public on internet.

    2. The APPLICATION respects the status of professional competition between the community members and does not make available business intelligence tools to make a supervision of own competitors by automatic processing of data.

  3. Professional probity. Payment incidents. Tool for discouraging the delayed payment of transport invoices. It is based on the declarations of non-reception of invoices for road transport of merchandise. By this tool the APPLICATION discourages the bad paying users. The exceeding of the payment deadline divides the incidents into DELAYS of payment – if the due date is exceeded by at least 60 days and payment INCIDENTS – with due dates older than 60 days.
    1. Declaration of payment incidents. The Administration strongly recommends that you declare as incidents those which can be clearly evaluated without equivocal points of view. Any declaration which involves different and sustainable opinions of the declarant, respectively the author, will be withdrawn from the list of incidents and will not be published, and the Parties can address the courts of law, if they want so.

    2. Minimum necessary documentation:

      1. order/contract which is the basis of invoice/invoices not received from the author of incident

      2. invoice(s) issued and not received, correctly drawn up legally and contractually

      3. supporting documents set out in contract/order and/or the legislation in force, obligatorily without reserves expressed by the signatory Parties

    3. The documentation is uploaded in the form from page PAYMENT INCIDENTS. The reporting of incident is ended at the reception of documentation.

    4. The procedure for reporting of payment incident can be initiated by the declarant of incident 2 days from the contractual due date and not later than the legal deadline of receivable outdating

    5. The reporting of incident is made to administration. In the first stage, the administration checks whether the documentation of incident made available by the declarant is sufficient from the point of view of List of payment incidents. Then, the administration informs the author of incident about the imminence of incident publication and tries to amicably extinguish the incident without its publication.

    6. On the 8th working days from the reporting of payment incident, the incident is published, if the author of incident:

      1. Does not have any reaction

      2. Does not document a sustainable point of view contrary to the opinion presented by declarant

      3. Does not make the proof of payment to the administration

    7. The resolution of incident is marked by the supply of payment proof by the author, declarant or administration and you do not have to wait for the crediting of declarant's account.

    8. The payment delays are outdated in 6 months after the due date and the payment incidents 3 years after the due date. Unresolved incidents and delays will not be outdated.

  4. Professional probity. Transport incidents. They are situations when the declarant reports the non-observance of good professional practices occurred during the road transport of merchandise ended by use of application. The declarations of transport incidents are made within maximum 15 days from their occurrence. We will not publish incidents where the administration cannot evaluate the contrary opinions of the author and declarant.
    1. The necessary documentation consists of:

      1. order/contract on which the incident is based

      2. written proof of the authenticity of transport incident. Except for the serious transport incident which cannot be generally proven with documents: the conditioning of unloading by the immediate payment before the unloading, by violating the provisions of the signed contract.

    2. Documentation is uploaded in the form on page TRANSPORT INCIDENTS

    3. The reporting of incidents ends when the documentation is received.

    4. Similar procedure to the procedure of payment incidents, deadline of 8 working days until the publication of transport incident.

    5. The transport incidents are outdated in 6 months since the date they are published.

  5. Scoring of APPLICATION.
    1. It is a tool for evaluation of community members made available by the application. The score has a graphic expression which highlights separately:

      1. The classification of company from the point of view of using the APPLICATION by the company

      2. Breadth of activity of poster of merchandise

      3. Breadth of activity of carrier of merchandise

      4. Capacity of customer in shipping contracts: expresses the payment delays and their size, related to the number of spot merchandise posted

      5. Capacity of carrier

    2. The Scoring is the result of an automatic calculation made and remade every day. The scales on which the scores are expressed are determined by the extreme performances (minimum and maximum) recorded in application. The Scoring begins to be displays in the profile of each active member after the first month of active access of the company.

  6. Automations of APPLICATION. They are designed to facilitate the activity of users and maintain a quality of postings made in application:
    1. The merchandise to be carried and the trucks available are deleted at the expiry of validity deadline, as it was specified by posters

    2. The non-deleted announcements by the posters are automatically deleted if 3 distinctive consultants report that they are expired

    3. The over-postings of merchandise or spot trucks are refused at company level: route, attributes, similar validity

    4. Sorting of lists of answers to searches of merchandise or spot trucks are made by the searching method: by ascending dislocation, in case of searches on routes with geolocatable heads; by ascending duration elapsed from publication, in case of country-country type searches

    5. Mechanism of refreshing the list of answers after the formulation of request and display of list of answers valid at request time

    6. Automatic messages issued by the application, designed to warn the users about various aspects of their activity in application

  7. Graphic symbols in APPLICATION. They are similar to traffic signs in road traffic. The symbols are accompanied by explicit tool tips:
    1. Attached to the company name. They are designed to emphasize a meritory activity in application (continuous presence, excellence in activity) or a warning for possible partners regarding the temporary performance of that company

    2. Attached to all the postings of company: for example, the merchandise posted by a company which already has 3 payment incidents published will be accompanied by a warning signal for possible carriers, subcontractors

  8. Fraud and its prevention in APPLICATION
    1. Any electronic B2B platform involves the risk of fraud committed by some users against other users. The responsibility for prevention of fraud is divided between the administration of platform and the users of platform. The latter have the duty as proxies of the employer company to use the application with professionalism. The platform administration envisages the following types of fraud to which its users can be subjected:

      1. Risk of non-payment for transport services. Against this risk the administration of APPLICATION has evaluation criteria included in the onboarding procedure, and about active members, the scoring of company is made available to the other members of the community. Concretely: the score of contractual behaviour as customer

      2. Risk of theft of goods entrusted to be carried. The theft of merchandise can happen by using the identity of a real carrier by an impostor who simulates its identity, generally similar email addresses, but different from those of real carrier. Against this risk, the administration of application:

        1. Makes available to the user the secured authentication mechanism, which reduces to zero the chance that the username and password (credentials) of a user can be used by a robber who presents before an interlocutor in application as the true user.
        2. For any posting, all the contact data of the company of the poster are made available and the recently modified contact data including by an identity robber are marked with distinctive colours.
    2. All the prevention measures of application do not offer protection to users without the professional use of application, which is detailed below.

D. Conditions of use of APPLICATION

  1. Responsibility of the company member of application
    1. By its proxies, posters, the company is responsible for all the data provided about its own structure and activity.

    2. At the request of administration or of the other members of community addressed to administration, the company has the obligation to document the declared data.

    3. The company member uses the application only for own interest; therefore, it cannot initiate or accept transport transactions initiated in application in the name of a third party

  2. Responsibility of the proxies of company as users.
    1. Does not use the application except for the interests of the hiring company

    2. In any circumstance in which he initiates a communication based on the posting of another user, he should consult first the record of the other user's company

    3. When he offers transport, he should check the scoring, licences, other documents made available by the company to which he prepares to make a transport offer, for the purpose of avoiding a delayed reception of the transport service

    4. When he asks for transport, he should check the contact data of the bidder: especially the email address or telephone number; they should coincide with those mentioned in the record of the bidder company. A special attention is required when the email server of the bidder is not a company server, but a generic server.

    5. When he receives a confirmation for a transport request, to the extent of possibilities, he should check the transport licence and the authenticity of the truck licence plate number

    6. The goods to be carried or the trucks available published must be real each of them

    7. He must not use a defamatory language in the communication with other users, must not denigrate and must not have racist expressions of language

    8. He respects the destination of page when he posts

  3. The consultation of application pages is manual. The crawler type of software is prohibited without a prior approval of administration.
  4. Communication with administration of APPLICATION. The assistance required, the suggestions and dissatisfactions of users are communicated by phone or email, and not on the pages of application.

E. Administration of APPLICATION

  1. The changing of conditions of use is available to administration depending on the content and circumstances which may appear in the future.
  2. Refusal of admission of a company in APPLICATION as member. The Administration can reject the enrolment:
    1. For connections with suspended companies regarding the shareholders, directors or users

    2. based on the general business information which leads to a potential risk evaluated to the detriment of application members. The Administration does not have the obligation to provide this kind of information.

  3. Withdrawal of the capacity of member of a company. The cases set out by point 3 letters a, b, c, e and f are considered faulty actions of the company, member of community and entitle the administrator of application to terminate unilaterally the contract with the payment of damages. Implicitly in this case all the accounts (users) of the company are permanently suspended: 
    1. For issuing in favour of another application member a payment instrument which at due date is refused for deduction

    2. For the attempt to mediate a transport service in loss by using for this purpose the application

    3. For declaration of false information:

      1. At registration on the platform

      2. At the request of administration

      3. in the company record

      4. banker's drafts which are later withdrawn or not honoured, at the extinction of delays or payment incidents

    4. based on the general business information which leads to a potential risk evaluated to the detriment of the application members. The administration does not have the obligation to provide this kind of information.

    5. For repeated non-observance of the conditions of use by its users

    6. For use of a software tool without the prior authorisation when consulting the pages of application.

  4. Full temporary suspension of the capacity of member of a company. Implicitly all the accounts (users) of the company are temporarily suspended:
    1. For one week for not providing within 2 working days the supporting documents requested by administration in relation to the information provided on own responsibility

    2. For one month after the documentation of an order/contract from another company than the one which published the merchandise

    3. For one month, after the documentation of a confirmation of truck from another company than the one who negotiated the collection of merchandise

  5. Temporary and partial suspension of a member's operating rights. By default, all member’s accounts (users) within the computer application are partially suspended, as regards publication of goods to be transported, for:
    1. cumulating of a large number of incidents/late payments filed against it; the suspension shall remain in force until the significant decrease of the payment incidents’ number

    2. risk to other users, consisting in the possibility of difficulty in collecting the transport value from the posting party; the suspension shall remain in force until the significant decrease of the risk that the suspended company represents

  6. Full temporary suspension of a user. It does not affect the rights of the member of the (company) for which and in the name of which he uses the application:
    1. For one week for repeated non-observance of conditions of use

    2. For one week for abuse in the use of markings of expired announcements

    3. for one week for over-posting of goods for which, upon the Administration’s request, no reasonable veracity justification is provided

    4. For one month for the loan of the right of access to another person

  7. Deletions of contents already posted. Administration can delete the postings of users which are visibly false or multiple posted or not documented at the request of administration.
  8. Claims of suspended persons. The company, community member, does not have right to be returned the value of rights of access already paid for the suspension period or subscriptions and credits which were not used in case of withdrawal of the capacity of application member.