Truckit.net Terms and Conditions - Transport Provider Agreement
By using the System and/or the Site you, the "Provider", agree to be bound by the terms of this Agreement with Truckit.net Pty Ltd, ACN 627 942 027 trading as Truckit ("Truckit.net").
1. Definitions and Interpretation
1.1. In this Agreement the following terms have the following meanings:
Account ID means the unique username and account recorded on the Site or System for the Provider, and which:
(a) the Provider may access and use the Site and System; and
(b) other users can identify the Provider on the Site and System.
Accept means where the User and Provider agree to the provision of freight/transport services arising out of a Job Request, on agreed Provider Terms.
Affiliate means a party who is a referrer of internet traffic or Jobs, as the case may be, who is governed by the Truckit.net Affiliate Terms and Conditions.
Agreement means this document and any other documents included specifically by reference.
Booking is when the Provider has been successfully matched with a User for the provision of Provider Services.
Book Now Quote means an instant freight price presented to the User for Acceptance, generated using Truckit.net's proprietary freight data in combination with one or more of matching algorithms, Artificial Intelligence and Machine Learning calculation methods.
Instant Booking means where the User has Accepted a Book Now Quote, or where the User has put forward a User Offer which has been Accepted by the Provider.
Standard Provider Terms means generic freight terms that apply to all Instant Bookings, and which can be found here.
Booking Fee is the fee charged to the Provider by Truckit.net when the Provider has been successfully matched with a User for the provision of freight/transport services and a Booking occurs.
Chargeback is a reversal of a charge on a credit card or debit card.
Deposit Fee is the deposit the User pays to Truckit.net to accept a Quote and secure the services of a Provider who has placed a Quote to transport the User's freight.
Job means the provision of freight/transport services by a Provider to a User that arises out of a Job Request.
Job Request means a request made by the User using the System seeking offers for the provision of freight/transport services from Providers (including but not limited to the Provider). The information in the request is used to produce Quotes, and any alteration to the information supplied may subsequently alter the Quotes.
Provider as the context requires means you and/or any other person or entity being a transport services provider who is registered with Truckit.net in accordance with this Agreement and who may submit a Quote in respect of a Job Request.
Provider Services means the freight (and any other associated) services the Provider offers and/or provides to one or more Users.
Provider Terms means the terms and conditions of the Provider which govern delivery of the Provider Services and include the Standard Provider Terms which govern an Instant Booking.
Quote means the price provided by a Provider to perform the Job Request, and includes Book Now Quotes.
Site means the website operated by Truckit.net at www.Truckit.net.
System means the system operated by Truckit.net as described in this Agreement, and as developed by Truckit.net from time to time.
Truckit.net has the meaning provided above.
Truckit Pay is Truckit's secure payment service facilitated by payment service provider Zai Australia Pty Ltd ("Zai"), which is provided to ensure protection of User funds until completion of the Job, and to ensure Providers are paid promptly upon confirmed completion of a Job.
User means a user of the Site or System who is party to the User Agreement.
User Offer means a Job Request put forward by a User seeking acceptance of a set price.
1.2. This Agreement as available on the Site from time to time is to be read in conjunction with the User Agreement that is contemporaneously available on the Site from time to time. The Provider acknowledges the terms and conditions imposed by the User Agreement and the effects that it has or may have on the Provider's rights under this Agreement.
1.3. Interpretation
(a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(b) The singular includes the plural and vice-versa.
(c) A reference to a person includes any corporation or body corporate.
(d) A reference to a party to this Agreement includes its parent, subsidiaries, other related entities, affiliates, officers, directors, agents and employees (if any).
2. Registration
2.1. The System is available only to:
(a) natural persons aged 18 years old and over; and
(b) legal entities, which are not Affiliates.
2.2. The Provider represents and warrants that he/she is 18 years old or over. If the Provider is a company or other legal entity, the person purporting to represent the Provider represents and warrants that they have authority to bind the entity to this Agreement and that he/she is 18 years old or over
2.3. The Provider’s registration for an Account ID and participation in the System are subject to Truckit.net’s acceptance of the Provider’s application for registration as a Provider. The Provider agrees to supply any documentation reasonably required by Truckit.net to verify Provider’s qualifications and ability to supply the Provider Services, including but not limited to:
(a) Proof of identity;
(b) Certificate of company registration (not required for sole traders); and
(c) Verification of current insurance documentation, including:
a. Public Liability Insurance;
b. Marine Transit Insurance;
c. Motor Vehicle Insurance;
d. Worker’s Compensation Insurance (not required for owner drivers if no staff are employed).
2.4. The Provider acknowledges Truckit has no ability to oversee or ensure Providers comply with Chain of Responsibility legislation. The Provider represents and warrants that they understand and will comply with Chain of Responsibility legislation detailed in the Heavy Vehicle National Law (NSW) No 42a of 2013 and other equivalent State-based legislations applicable to the operation of Heavy Vehicles and any regulations issued under any such legislation. The Provider may carry all Goods or have them carried by any method which the Provider in their absolute discretion deems required to comply with the Chain of Responsibility legislation notwithstanding any instructions verbal or otherwise of the User that the goods are to be carried by another method.
2.5. Without limiting any other right or obligation of the parties, the Provider must immediately notify Truckit.net of:
(a) Any update to insurance or identity information provided in accordance with this clause 2; and
(b) Any change in circumstances or any other fact or matter which would or might be a basis for disqualifying the Provider as a Provider.
2.6. Upon registration, the Provider is required to create a unique Account ID and password to use and access the Site and System. The Provider agrees that Truckit.net shall be entitled to assume that any person using the Site with the Provider’s Account ID and/or password is the Provider or the Provider’s authorised representative. The Provider is liable for all actions taken by the Provider’s authorised representatives in relation to their use of the Site and the System.
2.7. Registration, and hence entitlement to operate as a Provider, is personal to each Provider and cannot be assigned or transferred.
2.8. Information required by the Site and System for registering with Truckit.net will be used by Truckit.net in accordance with Truckit.net’s Privacy Policy which is available on the Site, or by clicking the following link: https://www.truckit.net/privacy-policy
2.9. The Provider’s access to Truckit.net is conditional on Provider agreeing that Truckit.net may log the Provider’s IP Address for security purposes.
3. How the System Works
3.1. The System operates as both a finder and facilitator seeking to match the needs of Users with Providers. The System and Site acts as a forum for Users and Providers to request and provide a Quote respectively and agree on prices and other terms and to enter into an agreement regarding the provision of freight services by the Provider for each Job. Truckit.net is a neutral facilitator and the Provider acknowledges and agrees that Truckit.net is not directly involved in the transactions and arrangements between Users and Providers. Such transactions and arrangements with any User will be subject to the Provider Terms and are not governed by Truckit.net.
3.2. The Provider must comply with the Provider Rules which are set out at the following link here.
3.3. As a condition of using the Site or System, the Provider must do at least one of the following:
(a) publish a copy of the Provider Terms on their Account ID profile so that Users may review the Provider Terms prior to accepting a quote; or
(b) deliver each User a copy of, or link to, the Provider Terms with acceptance of a Quote.
4. Book Now Quotes, User Offers and Instant Bookings
4.1. To assist both Users and Providers to rapidly reach agreement and match the needs of Users with Providers, Truckit.net may:
(a) Provide a Book Now Quote to the User to facilitate the quoting and booking process; or
(b) Allow the User to put forward a User Offer which the Provider can accept.
4.2. The Book Now Quote is a price estimate using historical Provider rates and is generated by the System reflecting the information provided by the User when completing the Job Request. The Book Now Quote will vary depending on a number of factors including but not limited to when they are requested and the desired collection and/or completion date.
4.3. If a Book Now Quote is Accepted by the User or a User puts forward a User Offer:
(a) Truckit.net will inform matched Providers of the Book Now Quote or User Offer, following which Providers may either Accept the Book Now Quote or User Offer, or counter-quote.
(b) Accepting the Book Now Quote or User Offer is at the Provider's discretion.
(c) Truckit.net will use its reasonable endeavours to try and find a Provider to undertake the Instant Booking and entice Providers to either Quote or Accept the Job Request.
(d) If Truckit.net is unable to find a Provider who will undertake the Job, or such Provider decides not to Accept the Job Request, Users will be notified in writing or by telephone.
4.4. If a Book Now Quote or User Offer is Accepted by the Provider:
(a) The Provider agrees to be bound by the Standard Provider Terms for the Job.
(b) The User will have the right to cancel an Instant Booking without repercussion if notice is provided at least 24 hours prior to the agreed pick-up date or earliest listed pick-up date, whichever is earlier.
(c) If the Provider Services required materially differ from what is detailed in the Job Request, the Provider shall have the right to cancel the Job.
(d) Additional charges may apply if the Provider Services required and subsequently booked differ upon the arrival of the Provider.
5. Truckit Pay Payment Service
5.1. Truckit Pay is Truckit's secure payment service facilitated by payment service provider Zai Australia Pty Ltd ("Zai"), which is provided to ensure protection of User funds until completion of the Job, and to ensure Providers are paid promptly upon confirmed completion of a Job.
5.2. Payment services provider Zai Australia Pty Ltd ("Zai") has been engaged to collect monies on behalf of the Provider in relation to Accepted Quotes where Truckit Pay has been selected as the relevant payment service. By using the Truckit.net Site and System the Provider agrees to the terms of the End User Agreement with Zai and accepts that collection of the Deposit Fee and any other relevant fees will be made by Zai on behalf of the Provider. A copy of the Zai End User Agreement can be found here: https://www.hellozai.com/company/policies/end-user-agreement.
6. Quotes, Bookings and Fees (off-site and/or Truckit Pay)
6.1. Provider Quote amounts must be in Australian Dollars (AUD) and inclusive of GST and the Booking Fee. No GST or Booking Fee amount may be charged on top of your Quote price once your Quote has been accepted by the User.
6.2. A Job is secured once the User accepts a Quote or puts forward a User Offer which is Accepted by the Provider, and pays the Deposit Fee into an account held by Truckit.net.
6.3. Truckit.net will charge the Booking Fee to the Provider for each Job for which the Provider provides an Accepted Quote. Truckit.net may deduct the Booking Fee from the Deposit Fee being held in Truckit.net's account for any such successful Quote.
6.4. Truckit.net's Booking Fee is based on a tiered percentage of the accepted Provider's Quote. The Booking fee is dynamically calculated at the time of placing a Quote and differs for some categories and payment types.
6.5. Truckit.net may change the types and amounts of any fees it charges, the way it calculates fees at any time, and such changes may be for a limited time or on a permanent basis. Changes which are for a limited period will be announced and described on the Site, and any permanent changes will be announced on the Site and included in this Agreement in accordance with clause 21.6.
6.6. In limited circumstances Truckit.net may allow payment of the balance of the Quote amount (Quote minus the Deposit Fee) to occur outside the Site and System, "off-site". In this circumstance, the Provider must only charge the User for an amount equal to the Quote price minus the Deposit Fee. Such payment from the User to the Provider remains subject to the Provider Terms for the Job but may be made between the User and Provider directly.
7. Payment and Payout Methods
7.1. Adding a Payout Method: In order to receive a Payout via Truckit Pay you must have a valid Payout Method linked to your Truckit.net account. When you add a Payout Method to your Truckit.net account, you may be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to Truckit.net or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize Truckit.net to collect and store your billing information and financial instrument information. Truckit.net may also share your information with governmental authorities as required by applicable law.
7.2. Payment Processing Errors: Truckit.net will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Truckit.net or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
7.3. To the extent you receive any funds in error, you agree to immediately return such funds to Truckit.net.
8. Cancellation and Refunds
8.1. If a Provider wishes to cancel a Job, or cannot complete a Job as the case may be, they must submit a cancellation request on the Truckit.net platform.
8.2. Truckit.net will only review cancellation requests which have been completed in full. A cancellation request will be deemed to have been completed in full where all parties to the Job have responded to the request and supplied relevant information. If one or more parties fail to respond to a cancellation request after a reasonable given timeframe, the cancellation request may also be deemed as completed in full and be able to be reviewed.
8.3. Upon review, if Truckit.net can substantiate the information in a cancellation request from a User and if Truckit.net is reasonably satisfied that the monies paid should be returned to the User then the monies paid will be refunded to the User.
8.4. For an Instant Booking, clause 4.4(b) shall apply.
8.5. Cancellation of a Job will be attributable to the Provider where:
(a) the User and the Provider mutually agree to cancel the Job; or
(b) following reasonable but unsuccessful attempts by a User to contact a Provider to perform the Job, the Job is cancelled by the User; or
(c) the Provider cancels the Job.
8.6. A cancellation of a Job will be attributable to a User where:
(a) the User cancels the Job (other than in accordance with clause 8.5(b))
8.7. Providers waive any right to make a claim against Truckit.net for money or monies that relates to the User's or the Provider's obligations or rights to complete a Job. It is the Provider's sole responsibility to determine such rights in the Provider's Terms.
9. Disclaimer and Acknowledgements
9.1. Truckit.net provides the introductions to Users through the Site and System on an 'as is' basis and without any warranty, express or implied, as to the reliability, trustworthiness, creditworthiness or other attribute or characteristic of any User or Provider. To the maximum extent permitted by law, Truckit.net excludes any representation or warranty concerning Users, other Providers, the System, the Site or any third-party website referred to via the Site or System.
9.2. Truckit.net provides the Site and System on an "as is" basis and without any warranty, express or implied, as to merchantability or fitness for any particular purpose. To the extent that any statute implies a warranty into this Agreement, any such warranty is to be limited to the maximum extent permitted by law.
9.3. Truckit.net endeavours to ensure that the Site is accessible at all times. However, it shall not be liable if it is unavailable at any time or for any period. The Provider agrees and acknowledges that the Site may experience interruptions and access difficulties from time to time and that Truckit.net will not be liable for any inconvenience, loss, consequential loss, damages, or any type of special damages which relate to such interruptions or access difficulties.
9.4. Without limiting the foregoing, the Provider acknowledges that:
(a) Truckit.net does not check the truth or currency of the material or information that Providers or Users provide or make available through the Site or System;
(b) Truckit.net does not warrant to the Provider that anything on the Site or any third-party site referred to or connected via the Site or System is or will be accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;
(c) Truckit.net does not offer or provide professional advice to Users on the fitness for purpose of any goods, services or information supplied by any third parties including the Provider;
(d) Truckit.net is not a party to any transactions between User and Provider and it is the User (and, for the avoidance of doubt, not Truckit.net) who is responsible for paying the Provider for all Jobs and all Provider Services. Truckit.net cannot and will not guarantee the ability of Users to complete payment for any of the Provider Services;
(e) the Provider shall be responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);
(f) Truckit.net does not warrant to the Provider that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate; and
(g) to the maximum extent permitted by law, Truckit.net shall not be liable for any loss or damage whether directly or indirectly incurred by the Provider or any third party as a result of any act or omission of any User or any failure or delay in Truckit.net doing any thing, including, but not limited to transmitting any information between Users and Providers or removing any information from the Site or any User from the System.
9.5. The Provider agrees that to the maximum extent permissible by law Truckit.net and all Affiliates and related entities of Truckit.net shall have no responsibility for the actions of Users and other Providers.
10. Feedback feature of Site
10.1. The Provider acknowledges and agrees that Truckit.net operates a User feedback system, on which Users may post comments, compliments, criticisms and other observations regarding Providers on the Site. Submission of the Provider's Account ID to this forum is a condition of the Provider's registration. While Users are required to only post such comments that are honest, fair and reasonable and which can be substantiated, Truckit.net does not guarantee that all comments will comply with this requirement.
10.2. Providers are entitled to reply to any customer complaints left on their publicly available feedback profile. Any responses that breach Truckit.net's website rules may also result in suspension, termination or additional penalties on the Provider's account without notice.
10.3. The Provider acknowledges and agrees that any information or material submitted by it to the Site for inclusion in the feedback system (whether by Users or the Provider) is and will be treated by Truckit.net as non-confidential and non-proprietary and Truckit.net may use such material without restriction.
10.4. If and to extent that the Provider makes any comment on the Site, the Provider must not post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise objectionable (to a person acting reasonably).
10.5. The Provider agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users of the Site.
10.6. The Provider agrees not to impersonate any other person when posting material to the Site.
10.7. The Provider acknowledges that any material it posts to the Site may be removed or modified by Truckit.net from the Site without notice at any time.
10.8. Truckit.net does not warrant to the Provider that Truckit.net or Users will respond to questions or comments submitted to the Site by Users, or the Provider.
10.9. Without limiting any of Truckit.net's rights under this Agreement, Truckit.net may in its discretion terminate or restrict the Provider's registration and ability to use the System and Site as a Provider, if the Provider is (in the opinion of Truckit.net) the subject of consistent, frequent or otherwise substantially negative feedback.
11. Provider Warranties
11.1. The Provider agrees and warrants to Truckit.net that:
(a) it is under no legal or other impediment that may prevent it fully carrying out its obligations under this Agreement;
(b) it will be in all respects able to fulfil completely any Job in respect of which it provides a Quote and any personnel it engages are and will at all times remain qualified to offer and perform the Provider Services;
(c) all personnel engaged by Provider will exercise a high degree of skill, care and professionalism in providing the Provider services to each User;
(d) has all insurance required of, or desirable for, a service provider in the Provider's position and area of practice;
(e) will ensure that all information (including but not limited to that set out in any application for registration as a Provider) including information relating to the Provider's qualifications and capacity is true and correct in every respect and will be updated by the Provider if and when it materially changes during the period of the Provider's use of the System;
(f) will comply with its obligations towards Users as set out in the Provider's Terms;
(g) will not use the Site or System for illegal purposes, including without limitation, by posting to the Site information encouraging conduct that would constitute a criminal offence;
(h) will not use any feature of the Site to send unsolicited commercial emails to any other users of the Site or System, whether individually or as a group;
(i) will not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without Truckit.net's prior written consent;
(j) will not use anything on the Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with Truckit.net;
(k) will not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
(l) will not take any action that imposes an unreasonable or disproportionately large load on Truckit.net's infrastructure;
(m) will not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Truckit.net or do anything that compromises the security of the Site;
(n) will not use the Site to engage in misleading or deceptive on-line marketing practices;
(o) will not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;
(p) will provide Truckit.net with complete and accurate contact details when using the System enabling Users to contact the Provider (and vice-versa) as requested;
(q) will not use the Site or System in relation to facilitate the actual or proposed transportation of any illegal or prohibited goods;
(r) will comply with all laws and regulations regarding the provision of the Provider Services as well as all laws and regulations relating to privacy; and
(s) will not use the Site or System to procure the handling or the transportation of goods in respect of which the Provider knows, suspects or ought to know or suspect the User has no title or other right.
11.2. As a condition of using the Site or System, the Provider must do at least one of the following:
(a) publish a copy of the Provider Terms on their Account ID profile so that Users may review the Provider Terms prior to accepting a Quote; or
(b) deliver each User a copy of, or link to, the Provider Terms with acceptance of a Quote.
12. Account IDs - Cancellation/Breach/Suspension/Termination
12.1. The Provider may cancel registration as a Provider upon notice to Truckit.net. Such cancellation shall not entitle the Provider to cancel or vary any agreement already in place to provide Provider Services to any User.
12.2. Truckit.net reserves the absolute right to reject or suspend the Provider's participation, or remove the Provider from participation with the Truckit.net Site or System at any time and for any reason or for no reason and without notice to the Provider. Truckit is not liable for any damage or loss resulting from such hold, suspension, or removal. Events and scenarios which may result in the suspension or removal of your participation include but are not limited to:
(a) prohibited activities detailed in clause 13;
(b) abusive or hostile behaviour;
(c) unresolved disputes;
(d) creating and/or maintaining multiple accounts or relation to other accounts;
(e) committing fraud or violating this Transport Provider Agreement;
(f) poor performance on the site (high cancellations, negative feedback, etc.); or
(g) encouraging Users to enter into an agreement or transaction relating to a Job Request outside of the Truckit.net Site or System.
12.3. Without limiting other remedies available to Truckit.net at law, in equity or under this Agreement, Truckit.net may also immediately issue a warning, temporarily suspend or indefinitely suspend the Provider's access to the System and refuse to provide services to the Provider if:
(a) Truckit.net, acting reasonably, believes that the Provider has breached any terms of this Agreement;
(b) Truckit.net is unable to verify or authenticate any information the Provider provides to it; and/or
(c) Truckit.net, acting reasonably believes that the Provider's actions may cause damage and/or legal liability for Truckit.net, other Providers or other Users.
12.4. Truckit.net may terminate this Agreement with immediate effect if:
(a) the Provider breaches any term of this Agreement and such breach is not rectified within seven (7) days of the Provider being notified by Truckit.net in writing or immediately if such breach is not capable of remedy; or
(b) the Provider becomes subject to any kind of insolvency event.
12.5. Truckit.net has no obligation to disclose the reason for actions taken under this section 12.
12.6. All decisions are final.
13. Prohibited Activities
13.1. Truckit.net may limit, suspend or remove the Provider's account if we suspect you have engaged in prohibited activities in connection with use of the Site or System. Truckit.net reserves the right, but is not obligated, to edit, amend, or delete any prohibited or malicious content that Providers submit on the Site or System. Providers may not manipulate or attempt to manipulate other Providers' or Users' Truckit.net accounts.
13.2. Other prohibited activities include, but are not limited to:
(a) Asking Users to pay off-site through another form of payment when they have already paid through Truckit.net payment services;
(b) Changing, or in any way attempting to collect from Users, as an additional charge to the total amount agreed upon for the services, other than via use of the Truckit.net fee increase or fee decrease system, or;
(c) Charging users a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on Truckit.net (provided that the shipment was as described on Truckit.net), other than via use of the Truckit.net fee increase or fee decrease system;
(d) Representing or communicating to users that You are to collect the Truckit.net Deposit Fee or Booking Fee;
(e) Improperly influencing in any manner, or causing another to improperly influence or manipulate in any manner the feedback of the User;
(f) Posting and/or copying and pasting the content of a User feedback review from the Truckit.net Site to your own personal or business website, to any other third-party website, and/or on any of your own personal, business, or third-party marketing/advertising materials regardless of form;
(g) Causing another person or entity to engage in any conduct, act, or behaviour intended or designed to circumvent or avoid, in any manner, our right to the Truckit.net Deposit Fee, Booking Fee, or additional or ongoing Job Requests from the User;
(h) Entering into any transaction, letter of intent, or memorandum of understanding, written or verbal, formal or informal agreement, with a User, that circumvents or avoids our right to a Deposit Fee or Booking Fee;
(i) Communicating or corresponding, whether by written, verbal, or electronic means, with a User, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Deposit Fee or Booking Fee;
(j) Entering personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, or email addresses or social media accounts to allow the User to contact the Provider off-site or to offer delivery of the Job Request off-site;
(k) Using personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, email addresses, or social media accounts, obtained through the Truckit.net site to offer to deliver a Job Request off-site or to offer a Job Request for delivery off-site;
(l) Using the Truckit.net name on your own personal and/or business website in any manner, including in the URL without express written consent of Truckit.net;
(m) Attempting to redirect website traffic from the Truckit.net software platform to your own personal and/or business website in any manner.
14. Truckit.net's Reservation of Rights
14.1. Truckit.net reserves the right to:
(a) remove or refuse to post or relay any information and/or materials (in whole or in part) that it, in its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law or this Agreement without notice to the Provider; and
(b) modify or discontinue any services that Truckit.net offers at any time.
15. Intellectual Property/Use of Material on Site
15.1. All intellectual property rights in information, data and materials used or appearing on the Site including (without limitation) all software, tools, know-how, processes, trade marks, logos and other materials shall remain the sole and exclusive property of Truckit.net or its licensors. The Provider acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Truckit.net's intellectual property rights.
15.2. To the extent that the Provider submits any information or material to Truckit.net relating to a Job Request or for otherwise posting on the Site, the Provider automatically grants Truckit.net a licence to use the information or material for the purpose for which it is provided.
15.3. The Provider agrees that access to the Site, and any material or information contained in it, is granted by Truckit.net on the condition that such access is for Provider's own use only and such access may not be sold, used or redistributed for any other purpose.
15.4. The Provider may not use screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of reproducing information contained on this Site on or through any other medium, except with Truckit.net's prior written consent.
16. Limitation of Liability
16.1. To the maximum extent permitted by law Truckit.net excludes all liability to the Provider or any other person for any loss, claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be direct, consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data, or loss of, or damage to, reputation or goodwill) arising out of or in connection with any:
(a) acts or omissions of any User, Providers generally or the Provider specifically, including where the same results in a loss of or damage to goods;
(b) use of the Site or the System or information on or provided through the Site or the System or any information or advice otherwise provided by or throughTruckit.net or a User, even if Truckit.net has been advised of the possibility of such loss or damage; or
(c) removal or termination of the Provider's access to the System and Site.
16.2. To the maximum extent permitted by law, Truckit.net and all Affiliates and related entities of Truckit.net expressly limit their liability to the Provider for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Truckit.net's sole discretion):
(a) the re-supply of the services provided by Truckit.net; or
(b) the payment of the cost of having those services supplied again.
17. Indemnity
17.1. Provider indemnifies and holds Truckit.net harmless from and against any claims, demands, proceedings, losses and damages (including direct, indirect or special) made by any User or third party arising out of or in relation to the Provider's use of the Site or the System, the Provider's breach of this Agreement, or the Provider's violation of any law or the rights of a third party.
18. No Agency
18.1. The Provider acknowledges and agrees that Truckit.net is not the Provider's nor any User's agent.
19. Force Majeure
19.1. Truckit.net will not be liable for any failure or delay in the performance of its obligations to the Provider if that failure or delay is due to circumstances beyond Truckit.net's reasonable control including, without limitation, any act of God or other cause including any mechanical, electronic, communications or third party supplier failure
20. Website Links
20.1. Truckit.net's Site may: provide links and pointers to websites maintained by third parties; or serve information from third party websites, which are not under the control of Truckit.net. Truckit.net is not responsible for the contents of any third party information, any linked website, or any website link contained in any linked website.
20.2. Truckit.net will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any third party information or third party service provided by or through the Site or any linked websites whether linked to or from Truckit.net's Site.
21. General
21.1. Governing Law. This Agreement shall be governed in all respects by the laws of the State of Queensland, Australia. The Provider irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and to the Federal Court of Australia sitting in Queensland.
21.2. Severability. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed and the remaining provisions shall be enforced.
21.3. No Waiver. Truckit.net's failure to take action with respect to a breach by the Provider does not waive Truckit.net's right to take action with respect to subsequent or similar breaches.
21.4. Entire Agreement. This Agreement and those policies incorporated by reference herein set out the entire understanding and agreement between the parties with respect to the subject matter hereof.
21.5. Survival. Those clauses capable of surviving termination of this Agreement shall do so.
21.6. Variation. Truckit.net may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms on the Site.
22. Chargebacks
22.1. Under the Truckit Pay payment method, if Truckit.net receives notice of a Chargeback and are required to refund or reverse all or part of any payment to a customer, an account holder or their bank or such a refund is debited from our account then:
(a) The Provider must reimburse us for that amount and/or we may set amounts due to the Provider under this clause off against any other payments due by Truckit.net to the Provider or deduct amounts from the Provider's nominated trust bank account and/or nominated business account.
(b) Truckit.net will be discharged from any obligation to remit that amount to the Provider.
(c) The Provider is liable for any extra charge levied on Truckit.net by the bank for the chargeback amount (Extra Amount).
(d) Agree that in any event that the Providers bank account is not capable of being debited for the chargeback for any reason, Truckit.net will invoice the Provider for the chargeback amount which the Provider must pay within 7 days of receipt.
23. ABN and Invoicing
23.1. Transport providers must supply the correct information in regards to their business, ABN and GST registration status.
23.2. Providers consent for Truckit to issue tax compliant invoices on behalf of their business for services provided by their business in response to jobs generated through Truckit.
23.3. Providers understand and accept that Truckit.net accepts no liability for incorrect information provided by them, including but not limited to information in relation to their ABN or to their GST registration status.
WEBSITE RULES
PROVIDER RULES
1. Providers must:
1.1 Understand and abide by the Truckit.net Terms and Conditions - Transport Provider Agreement in full
1.2 honour a transaction contract formed with a User;
1.3 provide the services for which payment was accepted; and
1.4 include all taxes, including GST, and fees payable by the Customer for the transport services in any Quote, excluding any import or export duty payable on the goods transported.
2. Providers must not:
2.1 bid against their own Quote, or have associates, or employees do so;
2.2 significantly misrepresent their services by not meeting the terms and services description outlined in the Quote;
2.3 refuse to accept payment for a service if their Quote is accepted; or
2.4 attempt to contact users directly prior to their Quote being accepted, or make their business identity or contact information available to users by the use of photographs, images, text, logos, website addresses, fax numbers, phone numbers, street addresses, email addresses, Twitter Account or Social Media Accounts.
VIOLATION REPORTING SYSTEM
5. The Truckit.net Terms and Conditions (Provider Agreement and User Agreement) provide the full terms by which the Site may be used.
6. The Site is policed by the visitors to it through a flagging system. The flagging system is used to ensure that, insofar as possible, the Site complies with these Rules. Users are able to 'flag' aspects of the Site that do not comply with these Rules. White flags are located in areas to enable flagging, reporting and feedback, including but not limited to the messages and Quote terms sections. To flag any part of the text you may click on the white flag following the text in question and the text will disappear for review by an administrator. The administrator will review the text and either moderate the text or remove it permanently. We reserve the right to suspend any User who has violated the Terms and Conditions - User Agreement at Truckit's sole discretion.
7. It is a violation of Truckit.net's rules to post any of the following in a message or a quote:
(a) Phone Numbers
(b) Email Addresses
(c) Company Names
(d) Personal Names
(e) Web Addresses
(f) Fax Numbers
(g) Twitter Account or Social Media Account.
Read Truckit's full Terms & Conditions here.