General Terms of Use

Article 1 – PURPOSE OF THE SITE

The purpose of these terms is to define the Services offered and provided by EVERLOG AND FRET, through its collaborative digital platform online, for freight management and organization of road transport between EVERLOG AND FRET, which acts as an intermediary between various transport industry stakeholders, and companies or entities with the status of ‘Order Givers / Shippers’ wishing to transport goods, to clients or other entities, referred to as ‘Recipients’.

The Site also offers additional services for real-time tracking and management of road transport operations such as real-time tracking of goods, fleet management, optimization of empty returns, and digitization of transport documents (verification of delivery notes or waybills, invoices, etc.).

EVERLOG AND FRET is a company that has designed, developed, and published a digital platform and a website. The Order Givers, on one hand, and the Transporters, on the other hand, voluntarily register and provide the required data and send the requested documents necessary for the validation of their registration.

Order Givers must be validated by the Site as User Members before they can post their Requests, and Transporters must also be validated by the Site as User Members before they can respond to Requests.

EVERLOG AND FRET has developed a software application (Software as A Service) which has been launched on a computer Platform named EVERLOG AND FRET and accessible from the site everlogandfret.com and app.everlogandfret.com, aimed at facilitating exchanges between 'Order Givers', on one hand, and professional 'Transporters' interested in the requested transport, on the other hand.

Article 2 - CONDITIONS FOR THE OPERATION OF THE SITE AND THE ONLINE SERVICE

2.1. Acceptance of the General Terms of Use:

Acceptance of these General Terms of Use is evidenced by a checkbox during registration. This acceptance is full and complete. No special conditions or other general conditions from the Order Giver and the Transporter can, unless formally and explicitly accepted by EVERLOG AND FRET, prevail over these conditions concerning the Services and Transport Services.

EVERLOG AND FRET reserves the right to modify the Site and the Services and/or to modify these General Terms of Use, including Service Fees, by informing Users at least 15 days before the new version comes into effect. The modified version of the General Terms of Use will require a new express and unconditional acceptance from Users.

2.2. General Obligations of the User:

The User agrees to use the Website in accordance with the provisions of the General Terms of Use / General Terms of Sale. The User specifically agrees to:

• Not disrupt the functioning of the Website;

• Keep their identifiers and password confidential and not share them with anyone;

• Not infringe on privacy, trade secrets, or correspondence secrecy by using the Site;

• Not reproduce, represent, or communicate to the public in any way all or part of the Site;

• Not develop, support, or use software, devices, scripts, bots, or any other means or process aimed at web scraping the Site and/or Services;

• Not extract, reuse, store, reproduce, represent, or retain, directly or indirectly, on any medium, by any means, and in any form, all or part of the Site that constitutes a database protected by law.

2.3. Provision of User Content:

The User agrees to provide EVERLOG AND FRET with content that they are the author of or are authorized to publish. The User agrees, in using the Website, not to distribute any content, regardless of its nature or form:

• Infringing on image rights or privacy;

• Advertising or constituting advertising announcements;

• Infringing on the intellectual property rights of third parties, particularly copyright or trademark rights;

• Infringing on the interests and rights of third parties;

• Encouraging hatred, violence, or committing an offense;

• Being considered offensive, threatening, defamatory, or racist;

• Containing any viruses or computer programs likely to interrupt, alter, destroy, or limit the functionality of any computer or network;

• Violating trade secrets or correspondence secrecy;

• And generally, any content contrary to the law, public order, and good morals;

The User expressly authorizes EVERLOG AND FRET to use, distribute, host, store, reproduce, modify, adapt, translate, and display their content on the Website and/or any other media (including physical and digital media), by any means, for the purposes of exploiting and improving the Services offered by EVERLOG AND FRET and the Website. This authorization is valid worldwide and granted for a period of ten (10) years from the date the content is provided by the User.

The User declares and guarantees that all documents, information, data, and content provided to EVERLOG AND FRET during their use of the Website and/or Services are accurate and up-to-date at the time of communication.

The User indemnifies EVERLOG AND FRET against any disturbance, action, claim, opposition, demand, and eviction from any User or third party who believes that a User's content infringes their rights, as well as against any damage or liability incurred in the exercise of the rights attached thereto, and agrees to cover all damages and legal fees (including lawyer’s fees, costs, and expenses not included in the costs) that EVERLOG AND FRET might incur due to the content provided by the User.

2.4. Eligibility of User Applications on the Site:

The Site and the Services offered by EVERLOG AND FRET are addressed exclusively to professional transport actors (shippers, carriers, freight forwarders), whose company is registered in the commercial register and holds valid insurance.

The candidate transport professional must, in addition to filling in the mandatory fields, upload all documents proving that they are regularly registered with the transport and rental register by providing a copy of the community license or domestic transport license, or other operating title, as well as any documents that MAY be requested by EVERLOG AND FRET under article D 8222-5 of the Labor Code.

The candidate transport professional residing outside Moroccan territory must also provide information and documents proving their right to cabotage in Morocco, including the detachment certificate, names, and contact details of their legal representative in Morocco. Failure to provide these elements will result in the Transporter not receiving offers from EVERLOG AND FRET.

2.5. Use of Account and Mandatory Data Update:

Each User is strictly prohibited from creating or using any other User Account than the one initially created, whether under their own identity or that of a third party, and is strictly prohibited from transferring their User Account to anyone.

Each User agrees not to attempt to bypass the EVERLOG AND FRET Platform, especially by trying to provide another User with their contact details to perform the Transport Service outside the EVERLOG AND FRET Platform and avoid paying Service Fees.

Each User may access the Site, at any time, using their password and identifier, to their User Account containing all personal data provided during their registration on the Site; each User agrees that their data is accurate, complete, and unambiguous and ensures, as needed, the updating of their data.

If the Transporter creates one or more driver accounts in the settings of their User Account, and if one or more of these drivers cease to work with the Transporter, the Transporter agrees to update their User Account settings within 24 hours following the effective departure date of the driver(s) and to notify EVERLOG AND FRET within the same period. This provision also applies to fleet management of the Transporter.

The Order Giver and the Transporter must correspond to the respective identities communicated on the EVERLOG AND FRET Site.

Article 3 - TERMS OF REGISTRATION ON THE SITE:

3.1. User Registration

A registration form is available on the Site: it is simple and quick to complete.

Registration, which is done online, provides the user with a profile with login and password: this data is for strictly personal use.

The user must first confirm their acceptance of these terms and their adherence to the quality charter at registration: a confirmation email is sent to their address for final validation of their registration.

The administrators of EVERLOG AND FRET may request additional information from registered users if needed to complete their profiles.

3.2. Registration of carriers and freight forwarders

Having a User profile is essential for offering transport services. Thus, carriers and freight forwarders interested in joining the EVERLOG AND FRET platform must register via the online registration form on the Site.

The carrier or freight forwarder confirms their acceptance of these terms and their adherence to the quality charter at registration: A confirmation email is sent to their address for final validation of their registration.

For User account validation, a number of documents related to the activity must be presented by these transport professionals and are verified by the administrators: it is worth noting that only one User profile is associated with each legal entity:

The administrators of EVERLOG AND FRET carry out the verification of the provided documents and may request, if necessary, clarifications or additional information.

Once the file is validated, registration becomes effective.

3.3. Suspension, cancellation, and termination of the User Account:

Any User Account for which inaccurate information and/or behavior contrary to these terms is found, may be closed, temporarily or permanently, by EVERLOG AND FRET.

Users guarantee EVERLOG AND FRET against any damage, loss, or conviction suffered by EVERLOG AND FRET or a third party due to non-compliant use of the Site in violation of these terms.

3.4. Sharing user ads on the site:

The Client posts an Ad on the Site by filling in the mandatory fields.

The Client may, in their Ad, provide a value declaration to substitute the declared amount for the liability limits. This value declaration must be expressly indicated in their Ad so that EVERLOG AND FRET can mention it on the transport document that will be issued for the transport service. EVERLOG AND FRET must draw the Transporter's attention to this value declaration.

The Site records the Ads and determines the Price; if the Client approves the total price proposed by EVERLOG AND FRET, the latter then sends the Transport Service Offer to one or more targeted Carriers, who can respond by accepting or rejecting it.

Following the acceptance of the Offer by a Carrier, EVERLOG AND FRET may verify that the Carrier is authorized to respond to the Offer. This acceptance of the Offer validated by EVERLOG AND FRET constitutes Confirmation of the order. Conversely, acceptance not validated by EVERLOG AND FRET cannot constitute Confirmation of the order.

Such Order Confirmation will reflect the commitment of both the Client and the Carrier under the transport contract, as well as their commitment to EVERLOG AND FRET.

Any cancellation after this Order Confirmation is governed by the provisions of Article 4.4 of these terms.

Article 4 - ACCESS TO SERVICES

4.1. Free Trial

EVERLOG AND FRET offers each new User seven (07) working days of free trial to test all the services offered. The trial period may be extended by another week (07 days) upon the user's request and after validation by EVERLOG AND FRET. The Free Trial is automatically activated before any subscription to a Subscription (provided it has not already been activated for the company making the request). The Free Trial can only be activated once for the same company.

4.2. Obligation of Shippers:

The shipper user is solely responsible for the legality of their activity. EVERLOG AND FRET is responsible for managing its platform and is not responsible for any aspect related to the transport operation. The shipper user, when using EVERLOG AND FRET's services, acknowledges:

• Knowledge of and acceptance of EVERLOG AND FRET's general terms and conditions;

• Adherence to EVERLOG AND FRET's quality charter (attached);

• The accuracy of all data related to these offers/orders (specificity of terms) of transport;

• The legality of their activities and that they assume full responsibility;

Moreover, EVERLOG AND FRET recommends that these shipper users ensure the quality and reliability of the professionals listed on the platform who bid on their transport offers or make them transport offers. The information provided by these professionals and their scores/listings, which allow evaluating their services, should be assessed. They should also check that the proposed prices are consistent with the nature and conditions of the transport operation. (Normally, EVERLOG AND FRET provides an online quote after the shipment order is filled. The shipper can accept or reject the quote provided by EVERLOG AND FRET. The shipper is responsible once they accept the price communicated by EVERLOG AND FRET).

4.3. Obligation of Carriers and Freight Forwarders:

The conduct of cargo transport operations according to the applicable law and compliance with the regulations of the concerned countries are under the full responsibility of the carrier or freight forwarder.

The transport professional acknowledges by registering with EVERLOG AND FRET:

• Knowledge of and acceptance of EVERLOG AND FRET's general terms and conditions;

• Adherence to the quality charter of the platform;

• The accuracy of all data related to these transport offers;

• The legality of their activities and that they assume full responsibility;

• Not subcontracting the offered service unless agreed with the shipper or freight forwarder;

• Honoring their commitments to the shipper or freight forwarder in case of acceptance of their transport offer according to the terms of the 'Transport Booking Agreement';

• Notifying EVERLOG AND FRET administrators in case of cancellation of their offer (if accepted by the shipper) at least 48 hours in advance;

• That EVERLOG AND FRET has the right to cancel their profile in case of successive unjustified cancellations of these transport offers or in case of multiple incidents during shipments.

4.4. Obligation of Users:

Each user, regardless of their profile, is responsible for their use of the EVERLOG AND FRET platform services.

This responsibility is towards the laws in force in Morocco, at the national level, and internationally, regarding, but not limited to, consumer protection, commerce, transport, and import and export operations, storage....

By joining EVERLOG AND FRET, the user waives any form of prosecution or recourse against EVERLOG AND FRET for all aspects related to the transport operation, the nature and quality of the transported goods, the conditions of execution of the offered or accepted services. Profile identification information is strictly personal: login and password should not be shared with third parties.

In case this data is shared: the user's responsibility is fully engaged. In case of loss or forgetting of login or password, the user can request to reset this data via the 'forgot password' link.

The user cannot claim any compensation, of any kind, in case of third parties using their identity or in case of fraudulent use of their bank details.

Article 5 – PAYMENT CONDITIONS

5.1. Payment Service

EVERLOG AND FRET uses a Payment Service Provider for the payment of transport services concluded between the Client and the Contractor. This Payment Service Provider has a framework service contract.

By accepting these Terms and Conditions, Clients and Contractors agree to be directly bound to the Payment Service Provider and expressly acknowledge and accept this framework service contract.

Deductions from the Client's account are made on the secure and authorized banking servers of the Payment Service Provider; the funds paid by the Client are protected in a specific account identified on the Payment Service Provider's site before being transferred, within the aforementioned deadlines, to the Client's bank account for the Service Price and to EVERLOG AND FRET's bank account for the Commission.

In the context of these payments, EVERLOG AND FRET has no access to any data related to the Client's and/or Contractor's payment methods. Payment is made directly to the Payment Service Provider. The data recorded by the payment system constitutes proof of financial transactions.

5.2. Price Calculation:

• In response to the publication of its offer, the Client is informed by EVERLOG AND FRET of the total Price.

• The prices of services are calculated by the algorithms of the software published by EVERLOG AND FRET based on the information provided by the Client, taking into account the transport operation to be carried out, including the nature, weight, volume of the goods to be transported, and the routes to be taken.

5.3. Payment Conditions for Clients:

• At the end of the Delivery, the invoice for the Total Price will be issued by EVERLOG AND FRET and sent to the Client. Delivery is proven explicitly by the Carrier by providing the signed Transport Document (POD) by the recipient, or implicitly by the absence of dispute from the Client by registered letter with acknowledgment of receipt within three days from the receipt of the goods, when this Client is also the recipient of the goods, and within four days from the receipt of the goods when this Client is not the recipient.

• Payment of the Total Price is made by the Client upon receipt of the invoice by bank transfer or direct debit. Bank details are mentioned at the bottom of each invoice.

• Any delay in payment will automatically incur, starting the day after the payment date mentioned on the invoice, late payment interest equivalent to the interest rate indicated on the invoice and set according to the provisions of Article L.441-6, paragraph 12 of the Commercial Code, as well as a fixed compensation for collection costs of up to 40% of the initial invoice amount according to Article D.441-5 of the Commercial Code, without prejudice to the possible compensation, under common law, for any other damage directly resulting from this delay.

• Any partial payment on the due date will be allocated first to the non-priority part of the receivables. Failure to pay a single installment will automatically lead to the expiration of the term, with the balance becoming immediately due even if effects are accepted.

5.4. Payment Conditions for Carriers:

The Carrier submits its invoice to EVERLOG AND FRET describing the transport service performed (place and date of pickup and delivery and reference of the Transport Document).

The Price of the Service is paid to the Carrier on instructions from EVERLOG AND FRET either by bank transfer or by check made out to the Carrier, no later than 30 days from the invoice date.

For this purpose, when creating its account, the Carrier indicates the chosen payment method and, if necessary, provides EVERLOG AND FRET with the banking information on its Bank Identity Statement, allowing the transfer of the Price of the Service to its bank account.

Payment for the transport service cannot be made by cash on delivery.

In case of a collection error (double collection for the same Service on amounts credited by the Client for the benefit of the Carrier), the Carrier agrees to:

• Immediately refund the undue amount to the Client by bank transfer, while simultaneously informing EVERLOG AND FRET.

• If the Carrier fails to provide proof of the transport service by submitting the signed Transport Document, payment of the Service Price may be suspended.

5.5. Costs in Case of Modification of the Offer and Transport Service:

Modification before the start of execution

Any modification of the Offer, whether at the initiative of the Client or due to circumstances beyond EVERLOG AND FRET and the Carrier, results in an adjustment to the initially agreed price.

If EVERLOG AND FRET and the Client cannot agree on this adjustment, either party may withdraw the Offer from the EVERLOG AND FRET Platform.

Modification during execution

The Client who modifies the transport service during its execution bears, upon presentation of supporting documents, the costs incurred by EVERLOG AND FRET.

EVERLOG AND FRET does not bear any costs incurred by modifications to the execution conditions of the contract resulting from its own fault or that of its substitutes.

Modifications Justified by the Interest of the Goods

When modifications made by EVERLOG AND FRET are justified by the interest of the goods, the Client reimburses the incurred costs upon presentation of supporting documents.

Modification Affecting the Substance of the Transport Service at the Initiative of the Client.

If a modification initiated by the Client affects the substance of the transport service, EVERLOG AND FRET and the Client have the option to renegotiate the pricing conditions.

If EVERLOG AND FRET and the Client cannot agree on new pricing conditions, either party may withdraw the Offer from the EVERLOG AND FRET Platform.

5.6. In Case of Offer Cancellation

Cancellation by the Client of their offer not yet transmitted/communicated to one (or more) carriers or not validated by EVERLOG AND FRET to a Carrier is done at no cost to the Client and without penalty from the Site.

In case of cancellation of the transport service following order confirmation:

• By the Carrier: the Carrier’s performance indicators will be downgraded on the platform, and in an abusive case, the Carrier may be excluded from the platform. EVERLOG AND FRET will strive to find another Carrier, with no obligation of result.

• By the Client before the start of the transport service: the Client will be invoiced between 30% and 100% of the Total Price, including a minimum partial refund of 25% corresponding to cancellation fees due to the Carrier and 5% corresponding to service fees due to EVERLOG AND FRET. The amount of cancellation fees will be subject to the fees charged by the Carrier to EVERLOG AND FRET and the Client's notice period to inform EVERLOG AND FRET of the cancellation of the Service.

Article 6 - INSURANCE OF GOODS

EVERLOG AND FRET assumes no responsibility for the insurance of goods.

Article 7 - PERSONAL DATA:

Personal information is processed according to the regulations in force in Morocco, particularly Law No. 09-08 of February 18, 2009, concerning the protection of personal data. It is used exclusively by EVERLOG AND FRET.

Each user has the right, at any time, to:

• Access this personal data;

• Modify it;

• Delete it;

This is done by sending a request:

• By email to contact@everlogandfret.com;

• Or by mail to EVERLOG AND FRET: 1er Étage Bloc C15 cité Dakhla, Agadir Maroc

To use the services of the EVERLOG AND FRET platform, you may, incidentally, be required to provide us with personal data about yourself. The term 'personal data' refers to all data that identifies an individual, including but not limited to your names, first names, photograph, email address, phone number, date of birth, transaction data on the platform, bank account number, and any other information you choose to provide us about yourself.

Article 8 - PRIVACY POLICY

EVERLOG AND FRET places great importance on the confidentiality of the personal data provided by its users. This data will not be disclosed or transferred to others under any circumstances. Exceptionally, we may transmit your personal data such as name and surname, address, email address, and phone number, to the carrier whose submission you have accepted on the EVERLOG AND FRET website. This information is necessary to ensure the smooth execution of the transaction and to improve the services offered by EVERLOG AND FRET to its user members.

Services responsible for control (such as auditors) and our subcontractors will have access to your personal data. Your personal data may also be transmitted to judicial officers, public bodies, exclusively to meet our legal obligations.

Right of withdrawal:

The right of withdrawal does not apply to the services of the EVERLOG AND FRET platform; only the cancellation and modification conditions described in the terms of use apply.

Prices, taxes, and duties:

The prices displayed on the EVERLOG AND FRET platform must be inclusive of all taxes, including taxes and other fiscal provisions of the carrier's country.

The tax laws governing transportation operations must be respected.

Shippers are required to request from their carrier an invoice with ICE and in the currency of the accepted offer, detailing taxes and other components of the price.

Article 9 - COMPLAINTS AND DISPUTE REPORTING:

In case of a dispute between the carrier and the shipper or between the agent/shipper and the agent: the user can send a complaint to EVERLOG AND FRET's customer service via the 'Complaints' section.

EVERLOG AND FRET will conduct an investigation and attempt to find an amicable solution between the parties.

However, EVERLOG AND FRET is in no way responsible in these cases and cannot be considered a party in disputes arising during service execution.

Unpaid amounts:

A dispute file is opened by EVERLOG AND FRET in the event of non-payment or opposition after payment by bank transfer. EVERLOG AND FRET has the right to apply penalties on unpaid amounts.

EVERLOG AND FRET also reserves the right to suspend user profiles if they fail to honor their payment obligations or attempt to commit fraud.

Article 10 - Cookies on EVERLOGANDFRET.com

When you browse www.everlogandfret.com, cookies are placed on your computer, mobile, or tablet to improve, among other things, your usage and enhance performance.

10.1. What are cookies?

Cookies are text files placed on the user's computer or mobile device each time they visit a website and are stored by the browser. Cookies contain information about the user's use of the website (including IP address) but do not allow personal identification. The browser sends these cookies back to the website when the user revisits the site to identify them, better understand their needs, and improve their user experience on www.everlogandfret.com.

10.2. What is their purpose?

Cookies are placed on devices for several purposes, such as:

• Navigation needs;

• Optimization and customization of the services offered to the user;

• Website security;

• Improvement of website services;

• Audience measurement on the website;

• Displaying personalized advertising content.

10.3. What types of cookies are on EVERLOGANDFRET.com?

When the user logs in to www.everlogandfret.com, cookies may be installed on your device, subject to the user's choice via the 'customize my cookies' tab, such as:

Cookies strictly necessary for your navigation and the proper functioning of www.everlogandfret.com. These cookies, enabled by default, allow for smooth and seamless navigation on the site. Without them, the site's functionality would be impaired.

Statistical cookies:

These are cookies specialized in collecting information. They help better understand user behavior for analysis, improvement, and optimization of www.everlogandfret.com's performance. The information collected by these cookies is not personal.

Preference cookies:

They allow remembering the user's choices and preferences to offer personalized navigation, provide relevant content, and enhance user comfort.

Third-party cookies:

These are cookies placed by third-party companies. They are used for marketing, presentation, targeted and personalized advertising purposes. www.everlogandfret.com has no control over the information collected by third parties.

Marketing cookies:

These are cookies used to track visitors across websites. The goal is to display advertisements that are relevant and interesting to the user.