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TruckIt.net Terms and Conditions

PROVIDER AGREEMENT

USER AGREEMENT

WEBSITE RULES

 

Provider Agreement

By using the System and/or the Site you, "the Provider", agree to be bound by the terms of this Agreement with Arcube Pty Ltd ACN 155 373 256 trading as TruckIt Network ("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.

“Affiliate” means a party who is referrer of internet traffic or Jobs, as the case may be, who is governed by the TruckIt.net Affiliate Terms and Conditions located here.

“Agreement” means this document and any other documents included specifically by reference.

"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/Quote to transport the Users freight.

"Job" means the provision of freight/transport services by a Provider (including the 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).

"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.

"Booking Fee" is the fee that is charged to the Provider when they have successfully been matched with a User for the provision of freight/transport services.

"Provider Services" means the freight (and any other) services that 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.

"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.

"User" means a user of the Site or System who is party to the User Agreement.

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. 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 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. Provider agrees to supply any documentation reasonably required by TruckIt.net to verify Provider's qualifications and ability to supply the Provider Services.

2.2 The System is available only to: natural persons aged 18 years old and over; and legal entities, which are not Affiliates. 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.

2.3 Without limiting any other right or obligation of the parties, the Provider must immediately notify TruckIt.net of any change in circumstances or any other fact or matter that would or might be a basis for disqualifying the Provider as a Provider.

2.4 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. Provider is liable for all actions taken by the Providers authorised representatives in relation to their use of the Site and the System.

2.5 Registration, and hence entitlement to operate as a Provider, is personal to each Provider and cannot be assigned or transferred.

2.6 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: http://www.truckit.net/privacy-policy

2.7 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 the terms and conditions of this Agreement.

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 each Quote.

4. Fees

4.1 A Job is secured once the User accepts the Provider's Quote and pays the Deposit Fee into an account held by TruckIt.net.

4.2 TruckIt.net will charge the Booking Fee to the Provider for each Job for which the Provider provides a successful Quote. TruckIt.net may deduct the Booking Fee from the Deposit Fee being held in TruckIt.net’s account for any such successful Quote.

4.3 TruckIt.net’s Booking Fee is:

Quote Amount Booking Fee
 $0 to $250 9% of the value from $0.01-$250, with a minimum fee of $5
 $251 to $500 8% of the value from $251 - $500, plus 9% of the remaining match value balance($0.01-$250), with a minimum fee of $5
 $501 to $2,500 6% of the remaining match value balance ($501 - $2,500), plus 8% of the remaining match value balance($251 - $500.00), plus 9% of the value from $0.01-$250
 Over $2,500 Quotes Above $2,500 - 5% of the remaining match value balance over $2500, 6% of the remaining match value balance ($501-$2,500), plus 8% of the remaining match value balance($251 - $500), plus 9% of the value from $0.01 - $250.

4.4 The Provider must only charge the User for an amount equal to the Quote price minus the Deposit Fee. And such payment from the User to the Provider is subject to the Provider Terms, and is to be made between the User and Provider directly.

4.5 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.

4.6 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 17.6.
 

5. Cancellation and Complaints

5.1 Transactions facilitated through the Site and System are final, and no cancellations can be made through the Site or System. If a Provider wishes to cancel a Job, or cannot complete a Job as the case may be, then the Provider’s Terms shall determine the procedure and any rights and remedies available to the parties.

5.2 If there is a dispute that arises between the User and the Provider relating to a Job and TruckIt.net substantiates a complaint by a User which indicates Provider has demonstrated poor conduct then TruckIt.net may suspend, terminate, or impose additional obligations on the Provider’s account without notice.

5.3 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.

5.4 Providers waive any right to make a claim against TruckIt.net for money or monies worth that relates to the User’s or the Provider’s obligations or rights to complete a Job, as it is the Providers sole responsibility to determine such rights in the Provider’s Terms.

6. Disclaimer and Acknowledgments

6.1 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.

6.2 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.

6.3 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.

6.4 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 person 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.

6.5 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.

7. Feedback feature of Site

7.1 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 Providers 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.

7.2 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.

7.3 If and to extent that the Provider makes any comment on the Site, 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).

7.4 The Provider agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users of the Site.

7.5 The Provider agrees not to impersonate any other person when posting material to the Site.

7.6 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.

7.7 TruckIt.net does not warrant to the Provider that it or Users will respond to questions or comments submitted to the Site by Users, or the Provider,

7.8 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.

8. Provider Warranties

8.1 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 Quotes;

(c) and any personnel it engages are and will at all times remain qualified to offer and perform the Provider Services;

(d) all personnel engaged by Provider will exercise a high degree of skill, care and professionalism in providing the Provider services to each User;

(e) has all insurance required of, or desirable for, a service provider in the Provider's position and area of practice;

(f) 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;

(g) will comply with its obligations towards Users as set out in the Provider's Terms;

(h) 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;

(i) 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;

(j) will not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without TruckIt.net's prior written consent;

(k) 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;

(l) 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;

(m) will not take any action that imposes an unreasonable or disproportionately large load on TruckIt.net's infrastructure;

(n) 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;

(o) will not use the Site to engage in misleading or deceptive on-line marketing practices;

(p) will not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;

(q) 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;

(r) will not use the Site or System in relation to facilitate the actual or proposed transportation of any illegal or prohibited goods;

(s) 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

(t) 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.

9. TruckIt.net's Reservation of Rights

9.1 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.

10. Intellectual Property/Use of Material on Site

10.1 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.

10.2 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.

10.3 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.

10.4 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.

11. Limitation of Liability

11.1 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.
10.2 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.

12. Indemnity

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.

13. Account IDs - Cancellation/ Breach/Suspension/Termination

13.1 The Provider may cancel its 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.

13.2 Without limiting other remedies available to TruckIt.net at law, in equity or under this Agreement, TruckIt.net may 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.

13.3 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.

14. No Agency

The Provider acknowledges and agrees that TruckIt.net is not the Provider's nor any User's agent.

15. Force Majeure

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.

16. Website Links

16.1 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.

16.2 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.
 

17. General

17.1 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.

17.2 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.

17.3 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.

17.4 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.

17.5 Survival
Those clauses capable of surviving termination of this Agreement shall do so.

17.6 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.

 

TruckIt.net – USER AGREEMENT

TruckIt.net Terms and Conditions - User Agreement
By using the System and/or the Site you, the “User”, agree to be bound by the terms of this Agreement with Arcube Pty Ltd ACN 155 373 256 trading as TruckIt.net ("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 User and which:
(a) the User may access and use the Site and System; and
(b) other users can identify the User on the Site and System.

“Affiliate” means a party who is referrer of internet traffic or Jobs, as the case may be, who is governed by the TruckIt.net Affiliate Terms and Conditions located here.

“Agreement” means this document and any other documents included specifically by reference.

"Deposit Fee" is the deposit the User pays to accept a Quote and secure the services of a Provider who has placed a quote/Quote to transport the Users 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;

"Provider" means any person or entity being a transport services provider who submits or may submit a Quote offer in respect of a Job Request;

"Provider Services" means the freight (and any other) services that a Provider offers and/or supplies to one or more Users.

“Provider Terms” means the terms and conditions of the Provider which govern delivery of the Provider Services.

“Refund” means a refund provided, or that may be provided, on the terms of this Agreement.

"Refund Request" means a request to cancel a Job after the User has accepted a Provider Quote and after the User has paid the Deposit Fee to secure the Providers services.

“Service Fee” means a fee charged by TruckIt.net for use of the Site or System, which is in addition to the Deposit Fee and is not deducted from the total amount of a Quote;

"Site" means the website operated by TruckIt.net at www.TruckIt.net.com.au;

"System" means the system operated by TruckIt.net as described in this Agreement, and as developed by TruckIt.net from time to time; and

"User" is the party to this Agreement with TruckIt.net , where such Agreement is entered into through use of the Site and System as outlined above.

1.2 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. User Eligibility

2.1 The System is available only to: natural persons aged 18 years old and over; and legal entities, which are not Affiliates. User represents and warrants that he/she is 18 years old or over. If User is a company or other legal entity, the person purporting to represent the User represents and warrants that they have authority to bind the entity to this Agreement

2.2 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: http://www.truckit.net/privacy-policy

2.3 User agrees to only submit true and accurate registration and Account ID information to the Site or System as the case may be.

2.4 User agrees that registration and Account ID information will be kept up to date from time to time during the period that the User maintains an Account ID on the Site, and that this forms a condition of the User’s eligibility to use the Site or System.

2.5 User’s access to TruckIt.net is conditional on User agreeing that TruckIt.net may log the User’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 Quotes respectively and agree on prices and enter into an agreement regarding the provision of freight services by the Provider for each Job. Users may choose a Provider on the basis of price or one or more other factors. TruckIt.net is as a neutral facilitator and the User acknowledges and agrees TruckIt.net is not directly involved in the transactions and arrangements between Users and Providers. Such transactions and arrangements with Providers will be subject to the Provider Terms.

3.2 The User acknowledges that TruckIt.net will not (absent special circumstances) reveal the identity and details of any Provider to a User prior to the time of entry of an agreement with a Provider for a Job, such identity to be revealed only upon (or just prior to) the entry of an agreement with that Provider for a Job.

3.3 The User must act in a accordance with the “User Rules” which are set out at the following link: here

4. Fees

4.1 To accept a quote, the User must pay:
(a) the Deposit Fee (as outlined in the table below); and
(b) the Service Fee (if applicable).

Quote Amount Deposit Fee
 $0 to $250 9% of the value from $0.01-$250, with a minimum fee of $5
 $251 to $500 8% of the value from $251 - $500, plus 9% of the remaining match value balance($0.01-$250)
 $501 to $2,500 6% of the remaining match value balance ($501 - $1,500), plus 8% of the remaining match value balance($251 - $500.00), plus 9% of the value from $0.01-$250
 Over $2,500 Quotes Above $2,500 - 5% of the remaining match value balance over $2500, 6% of the remaining match value balance ($501-$2,500), plus 8% of the remaining match value balance($251 - $500), plus 9% of the value from $0.01 - $250.

4.2 The Deposit Fee is deducted from the total Quote amount with the balance payable directly to the Provider in accordance with and subject to the Provider's Terms. Please note that such payments cannot be made through the Site, and are to be transacted with the Provider directly.

4.3 When you accept a Quote, we may charge you a Service Fee. The Service Fee amount is dependent on the shipment in question and where applicable this Service Fee is displayed before you accept a Quote. This Service Fee acts solely to cover the provision of the online neutral venue supplied by us, it carries no liability or obligation in regards to the actual services undertaken by your chosen Provider (in accordance with clause 3.1 above).

5. Cancellation, complaints and Refunds

5.1 Transactions facilitated through the Site and System are final, and no cancellations can be made through the Site or System. If a User wishes to cancel a Job, or cannot complete a Job as the case may be, then the Provider’s Terms shall determine the procedure and any rights and remedies available to the parties. However, a User may request a refund in accordance with clause 5.2 below.

5.2 If a User is aggrieved by the conduct of a Provider in relation to a Job, the User may submit a Refund Request, and detail the reasons for the complaint and refund sought (which may be any amount up to the aggregate of the Deposit Fee, and any Service Fee that the User paid in relation to the Job).

5.3 Users are entitled to reply to any Provider 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 User’s account without notice.

5.4 TruckIt.net will only review Refund Requests which are completed in full.  To complete a refund request, please submit full details for your reasons here.

5.5 If TruckIt.net can substantiate the information in a Refund Request from a User, TruckIt.net may determine that some, or all, of the amount claimed will be refunded to that User.

6. Disclaimer and Acknowledgments

6.1 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.

6.2 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.

6.3 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 User 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.

6.4 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 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 person 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.

6.5 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.

7. Feedback feature of Site

7.1 The User acknowledges and agrees that User may only use the user feedback system to post comments, compliments, criticisms and other observations regarding Providers on the Site that are honest, fair and reasonable and which can be substantiated.

7.2 The User acknowledges and agrees that any information or material submitted by it to the Site for inclusion in the feedback system is, and will be treated by TruckIt.net as, non confidential and non-proprietary and TruckIt.net may use such material without restriction.

7.3 The User must not post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise reasonably objectionable.

7.4 The User agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users of the Site.

7.5 The User agrees not to impersonate any other person when posting material to the Site.

7.6 The User 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.

7.7 TruckIt.net does not warrant to the User that it or Providers will respond to questions or comments submitted by User to the Site.

8. User Warranties

8.1 The User agrees and warrants to TruckIt.net that it will:

(a) 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;
(b) 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;
(c) not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without TruckIt.net's prior written consent;
(d) not use anything on this Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with TruckIt.net;
(e) 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;
(f) not take any action that imposes an unreasonable or disproportionately large load on TruckIt.net's infrastructure;
(g) 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;
(h) not use the Site to engage in misleading or deceptive on-line marketing practices;
(i) not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;
(j) provide TruckIt.net with complete and accurate contact details when using the System enabling Providers to contact User as requested;
(k) complete and pay for any transaction agreed with a Provider using the Site and the System;
(l) not use the Site or System in relation to the actual or proposed transportation of any illegal or prohibited goods; and
(m) not use the Site or System to procure the handling of or the transportation of goods in respect of which User has no title or other right.

9. TruckIt.net's Reservation of Rights

9.1 TruckIt.net reserves the right to:

(a) remove or refuse to post any information and/or materials (in whole or in part) that it, in its sole and absolute discretion, regards in any way objectionable or in violation of any applicable law or of this Agreement without notice to the User; and
(b) modify or discontinue any services TruckIt.net offers at any time.

10. Intellectual Property/Use of Material on Site

10.1 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 User acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of TruckIt.net's intellectual property rights.

10.2 To the extent that User submits any information or material to TruckIt.net relating to a Job Request or for otherwise posting on the Site, the User automatically grants TruckIt.net a licence to use the information or material for the purpose for which it is provided.

10.3 The User 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 if for the User’s personal use only and may not be sold, used or redistributed for any other purpose.

10.4 The User 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.

11. Limitation of Liability

11.1 To the maximum extent permitted by law TruckIt.net excludes all liability to the User 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 consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data, or loss of or damages to reputation or goodwill) arising out of or in connection with:

(a) any acts or omissions of any users, the User, or a Provider including where the same results in a loss of or damage to goods;
(b) any 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 through TruckIt.net or a Provider, even if TruckIt.net has been advised of the possibility of such loss or damage; or
(c) the removal or termination of the User's access to the System and Site.

11.2 To the maximum extent permitted by law, TruckIt.net TruckIt.net expressly limit its liability to the User 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.

 

12. Indemnity

User indemnifies and holds TruckIt.net harmless from and against any claims, demands, proceedings, losses and damages (including direct, indirect and special) made by any other User, third party or a Provider arising out of or in relation to the User's use of the Site or the System, or its breach of this Agreement, or the User's violation of any law or the rights of a third party.

 

13. Account IDs - Breach/Suspension/Termination

13.1 Without limiting other remedies available to TruckIt.net at law, in equity or under this Agreement, TruckIt.net may immediately issue a warning or temporarily or indefinitely suspend the User's access to the System and refuse to provide services to the User if:

(a) TruckIt.net, acting reasonably, believes that the User has breached any terms of this Agreement;
(b) TruckIt.net is unable to verify or authenticate any information that the User provides to it; and/or
(c) TruckIt.net acting reasonably, believes that the User's actions may cause damage and/or legal liability for TruckIt.net, Provider or other Users.

13.2 TruckIt.net may terminate this Agreement with immediate effect if:
(a) the User breaches any term of this Agreement and such breach is not rectified within seven (7) days of the User being notified by TruckIt.net accordingly in writing or immediately if such breach is not capable of remedy; or
(b) the User becomes subject to any kind of insolvency event.

 

14. No Agency

The User acknowledges and agrees that neither TruckIt.net nor the Provider is the User's agent. The User is free to accept or reject its appointment of a Provider at its sole discretion.

 

15. Circumstances beyond TruckIt.net's control

TruckIt.net will not be liable for any failure or delay in the performance of its obligations to the User 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.

 

16. Website Links

16.1 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.

16.2 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.

 

17. General

17.1 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.

17.2 Governing Law
This Agreement shall be governed in all respects by the laws of the State of Queensland, Australia. The User irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and to the Federal Court of Australia sitting in Queensland.

17.3 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.

17.4 No Waiver
TruckIt.net's failure to take action with respect to a breach by the User does not waive TruckIt.net's right to take action with respect to subsequent or similar breaches.

17.5 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.

17.6 Survival
Those clauses capable of surviving termination of this Agreement shall do so.

17.7 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.

 

Website Rules

PROVIDER RULES

Providers must:
1.1 honour a transaction contract formed with a Customer;
1.2 provide the services for which payment was accepted; and
1.3 include all taxes, including GST, and fees payable by the Customer for the transport services in any Bid Quote, excluding any import or export duty payable on the goods transported.

Providers must not:
2.1 bid against their own Bid, or have associates, or employees do so;?
2.2 significantly misrepresent their services by not meeting the terms and services description outlined in the Bid;
2.3 refuse to accept payment for a service if their Bid is accepted; or
2.4 attempt to contact Buyers directly or make their business identity or contact information available to Customers by the use of photographs, images, text or logos

USER RULES

Users must not:
3.1 Submit their own bids to decrease Bids made by Providers. Users bidding for the provision of services must be wholly independent from the Buyer of those services.
3.2 Neither Users nor Providers may interfere with a transaction or offer to buy or supply transport in response to a Users Listing outside of the Site.

Violation Reporting System

4.1  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 the Rules. Visitors are able to 'flag' aspects of the Site that do not comply with the Rules. White flags are located in areas that can be reported. These include: messages and the quote terms section. 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 the Membership of any Member who has violated the rules on more than one occasion.

It is a violation of TruckIt.net's rules to post any of the following in a message or a quote:

 

  • Email Addresses
  • Company Names
  • Personal Names
  • Web Addresses
  • Fax Numbers
  • Twitter Account or Social Media Account