MV Shipper Applications Terms & Conditions
1.Contractual Relationships
These Terms of Use (“Terms”) govern the access or use by the shipper, an individual or entity, of the applications (including mobile applications), websites, content, products, and services (collectively, the “Services”) made available by MYVAGON SA and its subsidiaries and affiliates (collectively, “MYVAGON” or “MV”). THE SHIPPER IS REQUIRED TO READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE SERVICES. In these Terms, the words “including” and “include” mean “including, but not limited to”.
The shipper’s access and use of the Services constitutes the shipper’s agreement to be bound by these Terms, which establishes a contractual relationship between the shipper and MV. These Terms supersede any other agreements with respect to the subject matter of these Terms, except that with respect to any shipper or motor carrier agreement between the shipper (as applicable) and MV, such agreement shall not be superseded by these Terms, and to the extent that such other agreement is inconsistent with these Terms, such other agreement will govern. MV may, at any time for any reason, without notice to the shipper, cease offering the shipper access to the Services or any portion thereof or deny the shipper access to the Services or any portion thereof.
The shipper agrees to maintain all their login credentials to access or use the Services in confidence and only permit its authorized users to access or use the Services. The shipper is responsible for all activity that occurs under its login credentials.
MV may amend these Terms from time to time. Amendments will be notified to the shipper via email or the platform directly. The shipper’s continued access or use of the Services after such posting constitutes its consent to be bound by the Terms, as amended.
Please refer to the MV Privacy Notice located here for information about our collection and use of personal information in connection with the Services.
2.User Registration & Requirements
Shippers must complete the registration process to create and maintain an account with MV, providing accurate and current information, including but not limited to business verifications and financial documentation. To become a registered shipper on the MV platform, companies must create an account providing the following details:
MV reserves the right to request additional documentation at any time to confirm the shipper's identity, legal or financial status. Failure to provide such information may result in suspension or termination of the account.
3.Subscription and Billing
a. Plans, Subscription and Commission Fees
Shippers may choose from several subscription plans, including but not limited to Free, Premium, or Custom Plans. Depending on the selected plan, carriers might be subject to a subscription fee billed either monthly or yearly, based on the selected features and add-ons. Shippers will also incur a commission on every successfully completed load via the platform.
Commission fees and subscription payments vary depending on the subscription plan chosen by the account holder and the billing cycle (monthly or yearly). These details will be communicated directly to the account holder through a Subscription and Commission Annex, which forms part of the overall service agreement. To use the MYVAGON platform, the account holder must read and agree with the Subscription and Commission Annex.
b. Payment Term & Mode
All payments are due within 30 days of billing. Late payments will attract a penalty interest of 12% per annum (based on the ECB rate as of 1 July 2023), calculated daily. Failure to settle bills within the 30-day window may result in the suspension of premium features or account suspension.
c.Subscription and Add-On Feature Payment
MYVAGON operates as a prepaid platform for all feature activation and subscription enrollments, with the exception of commission fees on completed loads. When a new account is created, if the user selects a premium tier plan, they must pay the membership fee upfront to activate the plan. Subsequently, the user will be invoiced for the next cycle 30 days before payment for the next cycle is due.
d.Commission Fees Payment
Commission fees accrued from platform usage are invoiced at the end of each month.
e.Upgrading and Purchasing Add-Ons
If a user wishes to upgrade to a higher-tier plan or purchase an add-on feature (excluding "consumable" features like bids or tracking links) in the middle of a billing cycle, they will be redirected to a payment page. The amount to be paid will be prorated based on the billing cycle selected (monthly or yearly), calculated according to the remaining days in the cycle. Once the next billing cycle begins, the full amount for the add-on will be automatically added to the corresponding invoice alongside the regular plan charges.
f.Downgrading and Unsubscribing from Features
Users may unsubscribe from recurring features or downgrade to a lower-tier plan at any time during their billing cycle. The features associated with the higher-tier plan or add-on feature will remain available until the end of the current billing cycle, which the user already paid for. Afterward, the user will not be charged for these features or the higher-tier plan, and access to the associated benefits will be revoked. There will be no prorated refunds for the period following the cancelation in the middle of a billing cycle until its end.
4.Services and Responsibilities
MV provides a digital marketplace aiming to connect shippers, creators of goods or product loads, or distributors, with transporters or carriers. Our goal is to facilitate shippers with consistent logistics supply opportunities by granting access to available trucks and carriers from across the market. The service is rendered in exchange of a monthly subscription fee depending on the plan chosen by the shipper, as well as a commission fee per completed Load defined by MV.
Shippers, in turn, commit to:
Any deviation from Shipper responsibilities in the usage of MV’s platforms may result in deactivation of all features, revoked access to the platform, penalties, legal pursuit and other forms of compensation.
5. Posting and Bidding of Loads & Trucks
Shippers may post loading orders, providing all required information as outlined on the platform, either privately or publicly, depending on their plan features. Shippers may receive interest or bids from carriers and must accept one request for the loading order to be transported. The request is accepted at an agreed price which the Shipper guarantees to pay the Carrier or Freelancer for the transportation service. This agreed price also constitutes the basis for commission payable to MV for platform usage.
Additionally, shippers may bid for publicly posted trucks, proposing an amount and providing details of the loading order. The carrier solely has the right to accept or reject the proposed load.
In either scenario, once accepted, the load is scheduled on both ends, and cancellation by the shipper may incur penalties as outlined in "Penalties for Cancellation of Scheduled Loads."
6.Liability Disclaimer & Insurance
a.For Transported Goods
MV serves solely as a platform to connect shippers and carriers, facilitating the exchange of information and visibility of the marketplace for transportation of goods from both sides. MV is not responsible for any aspect of transportation or liable for any damage to the goods or premises, and explicitly disclaims all liability related to physical operations, including but not limited to loading, transportation, and unloading.
Shippers must ensure appropriate insurance for transported goods and are solely responsible for the validity and accuracy of shipment information, while carriers must maintain adequate insurance coverage, as defined by Greek and EU regulations, for all operations and potential liabilities.
Either shippers or carriers or both may be responsible for any incidents or disputes that may arise from a shipment or load matched on the platform, and MV does not guarantee the validity of any shipment or ensure that it will be free from loss or damage.
Any misinformation provided by either party that may cause delays or other inconveniences is outside the scope of MV's responsibility, as MV simply facilitates information and live updates regarding the trip, either automatically generated or initiated by carrier or shipper actions on the platform.
b.For Pricing, Transaction & Agreements
MYVAGON acts solely as a digital intermediary that facilitates the connection between shippers and carriers. MYVAGON does not set, regulate, or enforce pricing for shipments and is not a party to the transportation agreements reached between shippers and carriers. Any negotiations, pricing agreements, and commitments made between the shipper and the carrier through the MYVAGON platform are solely the responsibility of the involved parties.
The shipper acknowledges that MYVAGON bears no liability for disputes, non-payment, service failures, or any other contractual disagreements arising between the shipper and the carrier. MYVAGON solely facilitates the matching process and applies the commission as per the agreed rate defined in the shipper’s subscription plan. However, MYVAGON is not responsible for enforcing payments between the parties or for the execution of transport services.
Furthermore, MYVAGON does not provide payment processing services between shippers and carriers. All financial transactions, including payments, refunds, and penalties for service cancellations, must be managed directly between the shipper and the carrier. MYVAGON will enforce penalties for late cancellations or missed service per the applicable terms but will not intervene in contractual disputes, unpaid invoices, or service-related disagreements between shippers and carriers.
7.Data Privacy & Security
All data created on the platform will remain the property of MV. While personal information from individual accounts will be treated with the utmost confidentiality and in compliance with GDPR, MV retains the right to aggregate, analyze, and commercialize non-personal data. This may include but is not limited to, the type, quantity, and frequency of shipments, providing us with insights into market trends and allowing for broader Business Intelligence applications. For a more detailed view of our data practices, refer to our comprehensive Privacy Policy (here).
8.Compliance with Laws & Regulations
Shippers must comply with all logistics regulations applicable within Greece and the EU, including but not limited to transport safety, environmental regulations, customs compliance, and legal permits and licenses. Failure to comply may result in account suspension or termination.
9.Dispute Resolution
Any disputes arising between MV and carriers or between carriers and other parties on the platform will initially seek a resolution through negotiation and dialogue. If unresolved, disputes shall be submitted to arbitration in Athens, Greece, in accordance with the rules of the Athens Chamber of Commerce. The arbitration's decision shall be final and binding. The arbitration process shall be conducted in the Greek language. Both parties shall bear their own costs unless otherwise determined by the arbitral tribunal.
10.Penalties for Cancellation of Scheduled Shipments
Cancellations of scheduled loads by shippers will incur penalties as follows:
11.Referral & Incentivization Programs
MV may offer referral bonuses or incentivization programs to shippers at its sole discretion. The conditions of the referral and incentivization program will be clearly communicated to the shipper user prior to their adherence to it. If successful, the shipper will receive a reward, which will most often take the form of funds.
These funds will appear as credit on the shipper’s account within the MV platform. Shippers may have a specific time window within which they can opt to cash out this credited amount and receive it through a bank transfer. The amount will be payable by MV within 90 days, starting from the date on which the shipper clicks the cash out option, subject to the fulfillment of the conditions required to unlock the reward (such as the referred party completing specified actions or the carrier completing a required number of trips).
Participation in referral and incentivization programs requires shippers to supply their bank account information (IBAN). Failure to provide this information will prevent shippers from cashing out the credited amounts on their account balance from these activities. In such cases, the credited amounts will remain as credit and may be deducted from future amounts owed to MV for platform usage.
12. License, Restriction, Ownership
License
Subject to the shipper’s compliance with these Terms, MV grants the shipper a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services. Any rights not expressly granted herein are reserved by MV (and its affiliates, as applicable) and MV’s licensors.
Restrictions
The shipper may not, and may not authorize others to: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MV; (iii) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Services, except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks.
Ownership
The Services and all rights therein are and shall remain MV’s property or the property of MV’s licensors. Neither these Terms nor the shipper’s use of the Services convey or grant to the shipper any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner MV’s company names, logos, product and service names, trademarks or services marks or those of MV’s licensors.
13.Authority to Bind
By registering and accepting these Terms, the user represents and warrants that they are duly authorized to act on behalf of the legal entity they represent and to bind such entity to these Terms. MYVAGON shall not be liable for any consequences resulting from a user’s lack of such authority.