12.1 General principles
M&R Freight Market seeks to maintain a safe and trusted environment and may adopt reasonable measures to prevent fraud, misuse and activities that may affect Users or the integrity of the Platform.
12.2 Suspicious activities
The Company may review indications of false information or documents, identity misuse, attempted fraud, theft or diversion of goods, breach of applicable sanctions, unlawful use of the Platform or other conduct that may endanger Users.
12.3 Verifications and protective measures
The Company may request additional documents, explanations or information. Depending on the circumstances, it may restrict certain functionalities, temporarily suspend access or close the Account. Where there is an urgent risk to the Platform or Users, protective measures may be taken before notification, to the extent permitted by law.
12.4 Cooperation with authorities and retention of information
The Company may cooperate with competent authorities, courts, insurers, legal advisers and other persons involved in the investigation of an incident only to the extent that there is a legal basis for disclosing the information. Relevant information may be retained in accordance with legal obligations and the Privacy Policy.
12.5 No general obligation to investigate
The Company’s right to review incidents or complaints does not create an obligation to investigate every commercial dispute between Users. Each User remains responsible for its own commercial checks and for the decision to contract with another User.
M&R Freight Market is not an investigative body, public authority, insurer or debt recovery service. Reporting an incident to the Platform does not replace reporting to the authorities, notifying the insurer, preserving evidence or exercising the User’s rights within the applicable time limits.
12.6 Assistance in the event of payment or transport incidents
In the event of a payment incident or a transport incident, M&R Freight Market may, at the request of the injured User, take steps aimed at facilitating the resolution of the situation, including by requesting information, documents, explanations or clarifications from the Users involved and by facilitating communication between them.
The involvement of M&R Freight Market is solely of an assisting and facilitating nature and does not make the Company a party to the commercial relationship between Users, a debt collector, guarantor, insurer, arbitrator or dispute resolution body.
M&R Freight Market does not guarantee the recovery of unpaid amounts, the recovery of goods, the obtaining of compensation or a favourable resolution of the incident.
Where the steps taken by M&R Freight Market lead to the successful resolution of the incident, the User who requested assistance owes the Company a success fee representing 10% of the value of the transport order relating to the incident.
The success fee becomes due only after the incident has been successfully resolved and will be invoiced by M&R Freight Market SRL to the User who requested assistance.
The success fee is invoiced and paid exclusively in euro (EUR), regardless of the currency in which the transport order relating to the incident is expressed.
Where the value of the transport order is expressed in a currency other than EUR, it will be converted into euro for the purpose of calculating the 10% success fee, using the reference exchange rate published by the European Central Bank (ECB) for that currency, applicable on the day the invoice is issued.
If no ECB reference exchange rate is published for that currency for the day the invoice is issued, the last ECB reference exchange rate available before the invoice date will be used. If the ECB does not publish a reference rate for that currency, the conversion will be made using an exchange rate provided by a recognised financial source, indicated by M&R Freight Market on the relevant invoice.
For the purposes of this article, the conditions under which an incident is considered “successfully resolved”, as well as the method of calculating and paying the success fee, are those set out in these Terms and Conditions and, as applicable, in the information communicated to the User when assistance is requested.
The injured User remains responsible for taking the measures necessary to protect its own rights, including, as applicable, reporting to the competent authorities, notifying the insurer, preserving evidence and initiating the applicable legal proceedings.