| 1. |
Introduction |
| |
|
| 1.1 |
These are the Terms and Conditions for Freighttender.com.
The services available at http://www.freighttender.com are provided
by Freighttender.com Limited (“Freighttender” “we”
“us” or “our”). (Company Number: 05155479) a Company
registered in England and Wales whose registered office is at 58
Aviemore Way, Beckenham, Kent BR3 3RR. |
| |
|
| 1.2 |
These terms and conditions apply to your use of the services
available through the domain at http://www.freighttender.com. By
registering, advertising or otherwise using our services you agree
to be bound by these terms and conditions which can only be varied
by us access those services. |
| |
|
| 2. |
Definitions
The following definitions apply to words and phrases used in this
User Agreement.
|
| |
|
| 2.1 |
“Advertiser” means any User that places an Advertisement
on the Site. |
| |
|
| 2.2 |
“Advertisement” means information posted on
the Site by a User about freight requiring transportation or about
transportation available for freight. |
| |
|
| 2.3 |
“Bid” means a proposal to transport freight,
or details of freight available for transportation, posted on the
Site in response to an Advertisement. |
| |
|
| 2.4 |
“Bidder” means any User that places a Bid in
response to an Advertisement. |
| |
|
| 2.5 |
“Our Services” means the provision by us (our
servants or agents), subject to the terms and conditions of this User
Agreement, of the Site as a venue on which Users can advertise freight
requiring transportation or freight transportation services or bid
to transport such freight or use such freight transportation services. |
| |
|
| 2.6 |
“Site” means http://www.freighttender.com. |
| |
|
| 2.7 |
“User” means a freight forwarder, haulage contractor
or the owner of goods for shipment on any other person or legal entity
that has registered to use the Site and in doing so has agreed to
comply with these terms and conditions. |
| |
|
| 3. |
General |
| |
|
| 3.1 |
We may amend these terms and conditions at any time by
posting new or amended terms and conditions on the Site. Users will
be bound by any amended terms and conditions from the date of posting
on the Site. |
| |
|
| 3.2 |
Please note that we are not an auctioneer. The Site acts
as a venue which allows Users to place Advertisements and Bids prior
to entering into formal negotiations for the freight services, at
anytime, from anywhere, in a variety of price formats. We do not review
Advertisements nor Bids nor any contractual terms agreed between Users.
We never possess freight to be transported and we are not involved
in delivering any freight services nor in negotiating terms between
Advertisers and Bidders. As a result we have no control over the quality,
safety or legality of the freight or services referred to in Advertisements
nor over the truth or accuracy of Advertisements, nor over the ability
of the Advertisers and Bidders to perform their obligations or pay
for any freight services provided. Do not assume that the offer, export
or import of any item of freight is valid and legal simply because
it is advertised on the Site. We are not responsible for ensuring
that Bidders and Shippers actually complete a transaction.
You accept sole responsibility for the legality of your actions and
the laws applying to you. |
| |
|
| 3.3 |
Users shall at all times be deemed to be using Our Service
in the course of business. |
| |
|
| 4. |
Registration |
| |
|
| 4.1 |
You must read, agree with and accept all the terms and
conditions which includes those terms and conditions expressly set
out below and those incorporated by reference, before you may become
a User of the Site. By clicking on the acceptance button below you
acknowledge that you have read, understood and agree with those terms
and conditions. Our Service may not be used before completion of the
registration process and acceptance of those terms and conditions.
The information required by us during registration and given by you
will form part of the agreement between you and us. You warrant that
such information given is complete, accurate and not misleading. If
you are registering on behalf of a legal entity other than yourself,
you represent that you have the authority to bind that entity to this
User Agreement. |
| |
|
| 4.2 |
During registration you must choose a User identification
and password (“User Details”). We shall confirm acceptance
of your registration by e-mail which will include confirmation of
your User Details. You are responsible for all actions taken by anyone
accessing the Site using your User Details and must only access and
use the Site using your own User Details. You must make every effort
to keep your User Details safe and should not disclose them to any
other person nor permit either directly or indirectly any other person
to use your User Details to access Our Services. You must not transfer
or sell your User Details to any other person. |
| |
|
| 4.3 |
We reserve the right to cancel or suspend your registration as
a User at any time by giving notice by email to you. The circumstances
in which we will exercise that right include but are not limited
to:
| a) |
Where a User is in breach this Agreement; |
| b) |
Where we are unable to verify or authenticate
information provide to us by a User; |
| c) |
Where we believe that a User is or may have
caused loss to another User or failed to make any payment
due to another User; |
| d) |
Where we believe or suspect that Our Services
are being used to further any criminal activity. |
| |
|
|
| 4.4 |
Our Services are not available to, and may not be used
by, persons under the age of eighteen years or by Users whose registration
has been suspended or cancelled. |
| |
|
| 5. |
Bidding Process |
| |
|
| 5.1 |
An Advertisement is not to be regarded as an offer and
a Bid is not to be regarded as an acceptance of an offer so as to
give rise to any legally binding obligation. Advertisements and Bids
are an indication of a User’s desire to enter into negotiations
with other Users with a view to entering a legally binding agreement. |
| |
|
| 5.2 |
By posting a Bid you agree to be bound by the conditions
of sale included in the Advertisement concerned to the extent that
those conditions of sale are not in breach of this User Agreement
or otherwise unlawful. |
| |
|
| 5.3 |
Once the Advertiser has accessed the Bidder’s details
it is at the sole discretion of the Advertiser whether to contact
the Bidder. Advertisers and Bidders are entitled to retract their
Advertisement or Bid at any time up to the time when a formal contract
is entered between them. |
| |
|
| 5.4 |
We will not be a party to any contract entered into
between Users and shall not be regarded as such for any purpose whatsoever. |
| |
|
| 6. |
Misuse |
| |
|
| 6.1 |
You warrant that any information you provide in any Advertisement,
Bid, feedback and any other content that you post on the Site is true,
accurate and not misleading. |
| |
|
| 6.2 |
We give no warranty and accept no liability in respect
of the purported identity of Users or the information which Users
post on the Site. |
| |
|
| 6.3 |
You must not post on the Site:
| a) |
anything which is defamatory or the posting
of which constitutes a breach of any legal obligation
owed to a third party (including breach of copyright or
confidence) or a breach of any legislation or restriction
imposed by any governmental body; |
| b) |
any computer virus, macro virus, Trojan horse,
worm, or anything else designed to interfere with, interrupt
or disrupt normal operating procedure of a computer or
to surreptitiously intercept, access without authority
or expropriate any system, date or personal information; |
| c) |
anything which causes the Site to be interrupted,
damaged, rendered less efficient or such that the effectiveness
of functionality of the Site is in any way impaired. |
| |
|
We reserve the right to remove from the Site without warning any
information or thing which is, or we suspect may have been, posted
in breach of this clause.
|
| |
|
| 7. |
Transfer of Data |
| |
|
| 7.1 |
Any information provided to us by Users will be stored
and processed on our computers and may be passed to other Users in
connection with Our Services. Users consent to the use and disclosure
in this way of any information provide by them to us including information
which is personal information for the purposes of the Data Protection
Act 1998. Any personal or other information held by us will be deleted
from our records and computers when no longer required for the purposes
of Our Services and the collection of fees due to us. |
| |
|
| 7.2 |
Any information disclosed to you as part of Our Service
must not be used for any other purpose and must be destroyed when
no longer required for that permitted use. You agree to indemnify
us against any claim, loss, liability, expense and/or damage arising
from the unlawful or unauthorised use, storage or disclosure of any
such information. |
| |
|
| 8. |
Limitation of Liability |
| |
|
| 8.1 |
Neither we nor any of our employees, directors, or agents
give any guarantee that Our Services and access to them will be continuous,
uninterrupted or secure nor that the operation of the Site will not
be interfered with by circumstances outside our control. The Site
and Our Services are provided “as is” and as and when available,
and to the extent permissible by law we and they exclude all implied
warranties, conditions or other terms, whether implied by statute
or otherwise, including without limitation any terms as to skill and
care or timeliness of performance. |
| |
|
| 8.2 |
Neither we nor any of our employees, directors, or agents
will be liable for any economic losses (including without limitation,
loss of revenues, profits, contracts, business or anticipated savings),
any loss of goodwill or reputation, or any special indirect or consequential
damages (however arising, including negligence) arising out of or
in connection with Our Services or the Site. |
| |
|
| 8.3 |
Our liability to you or any third party, and the liability of our
employees, directors and agents shall in all circumstance is limited
to the greater of:
| a) |
the total fees you have paid to us; and |
| b) |
£100. |
| |
|
|
| 8.4 |
In the event that you have any right, claim or action
against any other User arising from that User’s use of the Site,
you agree to pursue such a right, claim or action independently of
and without recourse to us, and you release us (and our employees,
directors and agents) from all claims, liability, damages, losses,
costs and expenses, including legal fees, arising from or in any way
connected with such right, claim or action. |
| |
|
| 8.5 |
IN NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY BREACH BY
A USER OF ITS CONTRACTUAL OBLIGATIONS TO ANOTHER USER OR IN RESPECT
OF ANY CLAIM BY A USER AGAINST ANOTHER USER FOR ANY OTHER REASON. |
| |
|
| 9. |
Indemnity |
| |
|
| |
You agree to indemnify us and our employees, directors
and agents fully and effectively against any claim, costs or demand,
including legal fees, made by any third party due to or arising out
of your breach of this User Agreement. |
| |
|
| 10. |
Governing Law |
| |
|
| |
This User Agreement shall be governed by and construed
in accordance with English Law and subject to the exclusive jurisdiction
of the English Courts. |
| |
|
