DISPUTE RESOLUTION TERMS OF SERVICE

DISPUTE RESOLUTION TERMS OF SERVICE

Terms of Service- wemovewheels Online Dispute Resolution

These terms of services are effective as of April 5, 2022.

We ( www.wemovewheels.com ) offers an online Dispute Resolution Service to any wheeler (Driver) or any shipper who is unsatisfied with his/her transaction, shipment or any other matter regarding our services. This dispute resolution applies to all users who use our platform. Therefore, by choosing to use the services and our site, all users also agree to these Terms of Service and express their intent and agree to be bound by them.

Please read through these Terms of Service carefully, any person or user unwilling to accept or comply with these Terms of Service shall discontinue future use of our Services and Site.

Services We Provide:

Nothing in this policy shall be interrupted so as to take away from the wemovewheels any rights or privileges inherent to its users administrative or management function. The sole purpose of this policy is to provide an online Dispute Resolution Service and mechanism for the resolution of disputes between the users and wheeler (Drivers), which cannot be solved by informal discussion. Nothing in this policy shall be considered as having the effect of preventing our users from attempting to resolve a dispute by discussing it with his/her supervisor, before resorting to Dispute Resolution policy. We shall offer a Negotiation Forum, whereby the parties can try to sort out a satisfactory resolution by their mutual consent. However, if the parties do not come to agreement during the 7-business day Negotiation Period, the assistance of an arbitrator or a neutral third party may be used under contract with us (wemovewheels)

A dispute about any other matter irrelevant about our services or against our terms and policies shall not be proceeded under this policy.

Parties Responsibilities towards Us:

Both Parties agree that when using this Service, they will not:

  • Abuse, harass, stalk, threaten attack, defame or violate the legal rights of others.
  • Stop, restrict or inhibit any user from using our Communication Services.
  • Collect personal, confidential or sensitive information of a user without his/her consent, such as email address.
  • Violate any applicable law, confidential information, privacy rights, rules and regulations or terms and conditions of our agreement and policies.
  • The parties will sign the agreement to negotiate and participate in good faith.
  • Both parties will honestly and openly share all relevant information with us.
  • The facts that gave rise to the dispute shall be summarized and vividly explain in a letter signed by the user or electronic email via electronic signature or any other medium. This letter/email shall specify the nature of the redress being sought.
  • In all steps in the policy, the user must use English language and the reply of the reviewing authority or our support team will be given in English.

Rights of the Parties:

Both parties shall have the following rights:

  • The parties have the right to select arbitrator as the method of dispute resolution Withdraw from the mediation process at any time.
  • Parties have the full right of an impartial, neutral meditator to facilitate discussion.

No technical error in the filing of a dispute shall affect its validity.

Arbitration:

In that event that no agreement is reached within 7-business days of the dispute being referred to us WEMOVEWHEELS will offer the name of arbitrators and they may select with mutual consent. The arbitrator sole jurisdiction is to decide on a dispute between the parties. The role of the mediator or arbitrator is to facilitate discussion between parties in order to negotiate a resolution to a dispute.

Jurisdiction of the Arbitrator:

  • Arbitrator sole jurisdiction is to decide on a dispute as mentioned above.
  • Subject to the personal policies review, the arbitrator has no jurisdiction with respect to any decision by the Administration of wemovewheels.
  • In rendering a decision on a dispute, the arbitrator may not remove, modify or amend anything contained in our policies.
  • In rendering a decision on a dispute concerning a reprimand, suspension or dismissal, the arbitrator may confirm, modify or annul the measure taken.

Decision of the Arbitrator:

The arbitrator must render a final decision within 8 days following the ends of hearing. The decision shall be final and binding on all parties.

Payment:

The fees and expenses of the arbitrator shall be share equally by the both parties, we shall not pay or charge anything for arbitration.

Liability:

We ( www.wemovewheels.com ) shall have no liability for any loss or damage to the goods/property or persons or packages that drivers carry. We are also not responsible for the contents or loss of any undisclosed or disclosed special item or any Prohibited Item.

Indemnification:

We will not be liable for any accident, loss, damages or wreckage sustained during the transportation from point of loading to the final destination. In the event of any theft from a truck by armed men, or any other person with fire arms, the case will immediately be investigated in collaboration with local law enforcement. WE shall not be responsible for such a loss arising from armed attack or any criminal act.

Force Majeure:

In no event we shall be responsible or liable for any failure or delay in the performance of drivers obligation towards shipment hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communication or computer services (hardware and software).;it being understood that the wemovewheels shall use reasonable efforts which are consistent with accepted practices

Privacy:

See the wemovewheels Privacy Policy for information concerning the use of your Personal Information.

If any provision of the agreement is invalid under federal or state law, or any other jurisdiction, such provisions shall be waived and deemed a part of the agreement. However, it is agreed that under no circumstances shall such waiver or exception cause any other section or provision of this agreement to become invalid.

No Warranties:

Wemovewheels makes no warranties or representation about the completeness or accuracy of any content provided through the Platform or website or the content of any websites which is linked to the Platform. provide delivery services and platform to users solely on an “as is” basis without warranties of any kind, either implied or expressed, including but not limited to, warranties of merchantability, fitness for a specific purpose and non-infringement and all warranties are hereby disclaimed by www.wemovewheels.com to the highest extent permitted and allowed by applicable law. We do not endorse, warrant, guarantee or assume responsibility for any service advertised or offered by a third party through our platform or any other hyperlinked website or particular featured in an banner or other advertising and wemovewheels will not be a party to or in any way be responsible for monitoring any transaction between users and third party providers of services or products. Customers warranties their compliance with all applicable state, rules and regulations, federal laws of the USA.

Therefore, neither wemovewheels nor its affiliates or licensors warrant or guarantee:

  • that access to the Delivery Services or Platform will be uninterrupted, error-free, secure, timely or operate on any device or in combination with any other hardware, application, system or data
  • as to the results that may be obtained from the use of the Delivery Services or Platform
  • that the Delivery Services, Platform, or the quality of any products, services, information or other material purchased or obtained by you through the Platform will meet your requirements or expectations
  • as to the timeliness, accuracy, or reliability, of any User
  • as to the timeliness, accuracy, or reliability of our Delivery Services, Platform, or any information or materials provided through or in connection with the use of the Delivery Services, Platform
  • as to the completeness or content of any Job
  • that the Platform or Website are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Delivery Services or Platform will be corrected; or
  • that any personal information supplied by Users will not be misappropriated, intercepted, deleted, destroyed or used by others.

Limitation of Liability:

We ( www.wemovewheels.com ) expressly disclaims any liability that may arise between users of our platform. Use of the Platform, and receiving or performing delivery services thereunder are entirely at a user’s own risk. All users acknowledge and agree that wemovewheels is only willing to provide the Platform if users agree to certain limitations of our liability to them and third parties.

We (www.wemovewheels.com) does not and has no obligations to access the legality or ability or suitability of any user to perform or accomplish a job and you expressly waive and release wemovewheels from any and all any liability, claims or damages arising from or in any way related to a user’s performance of a job. We (www.wemovewheels.com ) shall have no liability for any loss or damage to the goods/property or persons or packages that drivers carry and does not, and has no responsibility to provide or pay for any license, permit or insurance a Driver May need or that may be advisable to perform Delivery services via www.wemovewheels.com . We are also not responsible for the contents or loss of any undisclosed or disclosed special item or any Prohibited Item. We ( www.wemovewheels.com ) shall have no responsibility or liability for any Driver or Shipper for not having the proper authority, permits, insurances or license to enter into the transaction agreed upon the wemovewheels’ platform

All users expressly waive and release any and all rights and benefits under section 1542 of the civil code of the state of California or any analogous law of any other State, which read as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the Debtor.”

Under no circumstances will wemovewheels, its licensors, its affiliates or any of such parties, employees, directors, officers, agents, corporate partners or participants be liable to you, another user or any third party for any indirect, punitive, incidental consequential, special or exemplary damages arising in connection with your use of or inability to access or use the platform or delivery services, or as a result of any relationship or transaction between Shipper and Wheeler( Driver) any third parties Service provider, advertiser or sponsor whose advertising appears on the website or is a user of the platform including for loss of data, personal injury, revenue profits, use or other economic advantage, or by the use of the platform or delivery services any reliance placed by you on the completeness, accuracy or existence of any advertising. even if all parties have been previously advised of the possibility of such damages.

Some states do not allow the exclusion or limitation o incidental or consequential damages; therefore, the above limitations may not apply to you.

If, notwithstanding the foregoing exclusions, it is determined that wemovewheels or its licensors, its affiliates or any of such parties, employees, directors, officers, agents, corporate partners or participants are liable for damages, in no event will the aggregate liability, whether arising in contract, strict liability, tort or otherwise, exceed the total fees paid by you or to you during the six months prior to the time such claim arose.

How to Contact us:

All users can email their queries, concerns, comments or give feedback to support@wemovewheels.com

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