FreightFull.co.uk
Terms and Conditions
This
User Agreement describes the terms and conditions applicable to your
use of our services available under the domain and sub-domains at
www.freightfull.co.uk (the "Site"). If you do not agree to
be bound by this User Agreement, you may not use or access our
services.
You must read, agree with
and accept all of the terms and conditions contained in this User
Agreement, which includes those terms and conditions expressly set
out below and those incorporated by reference, before you may become
a User of the Site. We strongly recommend that you read this User
Agreement as it contains further terms and conditions which apply to
you as a Freightfull™ User.
Freightfull™ reserves
the right at its sole discretion to modify or discontinue the Service
or modify the terms and conditions of Users' access to the Service,
without notice to Users, and shall not be liable to the User or any
third party for doing so. All the accounts created are the property
of Freightfull™. Existing Users will be bound by any amended
User Agreement by continued use of the service. If you do not agree
to the changes, your only remedy is to discontinue use of the
service.
By using our service you agree to be bound by the
terms and conditions of this agreement.
This User Agreement
takes effect from the date on which you register. By using our
services, you confirm your acceptance of, and agree to be bound by,
this User Agreement.
1.Identity
Information.
You warrant that the
name, address and company details and any other information that you
provide when you register is accurate. You further warrant that you
have the authority to undertake this agreement.
You agree
that we may disclose your name, address and company details where
there is any interest in your information in relation to goods or
services advertised.
You must choose a User ID and password
on completion of registration. You are responsible for all actions
taken under that User ID and password and shall only use or utilise
the Site using your own User ID and password. You must use every
effort to keep your password safe and should not disclose it to any
unauthorized person. You shall not transfer or sell your User ID to
any other person.
2.Usage
The Freightfull™ Site acts as a venue which allows
registered users to offer, sell, and buy vehicle movements, freight
and other items, that they are legally allowed to do, at any time,
from anywhere, in a variety of price formats. We do not review
listings provided by users, we never possess the items offered
through the Freightfull™ Site and we are not involved in
transactions between Buyers and Sellers. Therefore, we have no
control over the quality, safety or legality of the items listed the
truth or accuracy of the listings, the ability of Sellers to sell
items or the ability of Buyers to pay for items. Do not assume that
the offer, sale, purchase, export or import of any item is valid and
legal simply because it is listed on the Site. We are not responsible
for ensuring that Buyers and Sellers actually complete a transaction.
You accept sole responsibility for the legality of your actions under
all laws applying to you.
You must not cause the Site to be
interrupted, damaged, rendered less efficient, such that the
effectiveness or functionality of the Site is in any way impaired
You must not introduce to the Freightfull™ site
anything that contains any computer viruses, macro viruses, trojan
horses, worms or anything else designed to interfere with, interrupt
or disrupt the normal operating procedures of a computer. You may not
surreptitiously intercept access without authority or expropriate any
system, data or personal information from the Freightfull™
site.
You agree not to create liability for us or cause us to
lose (in whole or in part) the services of our ISPs or other
suppliers.
3.Member Authentication
We use many procedures to verify the accuracy of the
information our users provide to us when they register on the Site.
However, because user verification on the Internet is difficult,
Freightfull™ cannot and does not confirm the purported identity
of users or the validity of the information which users post to the
Site. Our user feedback tools will also help you to assess the user
with whom you are dealing. We encourage you to correspond with
potential trading partners using the tools available within the Site.
When you register you warrant the accuracy, truthfulness and
reliability of any information, which you place on the Site. You are
responsible for the content of your information. If you post an
incorrect or misleading message, you will be liable for the
consequences of it.
4.Security
You agree to keep secure your password and other confidential
information relating to access to the Freightfull™ Site. We
cannot guarantee that the system and your data will never be
infiltrated by unauthorized users or hackers and you take that risk.
If you find evidence of infiltration, please let us know and we will
take steps both to try and prevent it and to notify the proper
authorities. We do not control the information provided by other
users which is made available through the Site. You may find other
user's information to be offensive, harmful, inaccurate, or
deceptive. Please use caution, common sense, and practice safe
trading when using the Site. Please note that there is a risk of
dealing with people acting under false pretences. By using this Site
you agree to accept such risks and agree that Freightfull™ is
not responsible for the acts or omissions of users on the Site. If
you come across any misuse of the Site please report any such
instances to Freightfull™.
You agree that you will not
use any robot, spider, scraper or other automated means to access the
Site for any purpose without our express written permission.
You
agree that you will not take any action that imposes, or may impose
in our opinion an unreasonable or disproportionately large load on
our infrastructure.
You agree that you will not copy,
reproduce, modify, create derivative works from, distribute or
publicly display any content from the Site without the prior
expressed written permission of Freightfull™.
You agree
that you will not interfere or attempt to interfere with the proper
working of the Site or any activities conducted on the Site.
You
agree that you will not bypass our systems or any other measures we
may use to prevent or restrict access to the Site. We do not
authorise you to extract from our systems or stored information
without our written consent.
5.Termination
We may terminate your subscription at any time, with or
without cause and with or without prior notice. You may also do the
same. We will not be liable for any consequential loss whatsoever in
relation to termination of your subscription in any circumstances.
Any outstanding balances will still remain due. Without limiting any
other remedies, we may suspend or terminate your account if we
suspect that you have engaged or are about to engage in, or have been
in any way involved in or linked to, fraudulent activity in
connection with the Site.
6.Limitation
of Liability
We will at all times use
our best endeavours to attempt to maintain an uninterrupted and
error-free service, however we make no representations or warranties
regarding the services provided. We do not warrant the service will
be uninterrupted or error-free, or that our services or the
Freightfull™ system will meet any particular criteria of
performance or quality. All services including the Freightfull™
system are provided with no express or implied representations or
warranties to you regarding the usability, condition or operation
thereof. 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 right, claim or action independently of and
without recourse to us, and you release Freightfull™, any
subsidiaries, affiliates, officers, directors, agents and employees,
from all claims, liability, damages, losses, costs and expenses,
including legal fees, known and unknown, arising from or in any way
connected with such right, claim or action.
7.Feedback
and Intranet
You must not take any
actions that may undermine the integrity of the feedback system and
its tools. We may limit the number of bids and listings you may place
on the Site and any other activities on the Site based upon the level
of your feedback. If you earn a net feedback rating of -4, your right
to use our services will be suspended, and you will be unable to list
or bid. Feedback ratings are not designed for any other purpose than
to help facilitate trading between members of the Site.
In
order to facilitate interaction among members of the Freightfull™
Site, our service allows you limited access to others contact
information. As a Seller you have access to the User ID, email
address and other contact information of the buyer or winning
bidder(s), and as a Buyer or winning bidder you have access to the
User ID, email address and other contact information of the Seller.
You may not use the internal e-mail or other email forwarding
services that we offer, to send spam or otherwise send content that
would violate our User Agreement. We do not permanently store the
email messages or the email addresses.
8.Indemnification
You agree to indemnify us from and against any and all
liabilities, fees, expenses and damages arising out of claims based
upon or relating to your use of the Freightfull™ system,
including any claim of violation of rights of privacy, publicity,
loss of service, incorrect information, libel, defamation,
non-supply, fraud, infringement of intellectual property or other
rights or any other claims whatsoever.
9.Legal
Status
This User Agreement shall be
governed by and construed in accordance with Scottish law and subject
to the exclusive jurisdiction of the Scottish courts. Our performance
under this User Agreement is subject at all times to existing laws
and legal process and nothing contained in this User Agreement is in
derogation of our right to comply with law enforcement requests or
requirements relating to a subscribers use of our services or
information provided to or gathered by us with respect to such use.
10.Bidding and Buying
As a Buyer/Bidder/Transporter you have a legal obligation to
complete a transaction with a Seller: if you purchase an item through
the “Take it Now” facility or if you are the lowest
bidder at the end of an auction.
By bidding on an item you
agree to be bound by these conditions and any further terms and
conditions that the Seller has imposed, provided that those
conditions are not in breach of this User Agreement or are otherwise
unlawful. Bids are only retractable in exceptional circumstances,
such as when the Seller materially changes the item's description
after a bid is placed, a clear typographical error is made, or if the
Buyer’s or Seller's identity cannot be authenticated. In these
circumstances the Buyer or Seller must report this to Freightfull™
immediately.
As a Buyer, you must ensure that you are legally able to tender for any business that you tender for.
Freightfull™ accepts no liabilities incurred by the Seller in placing the vehicle/freight for tender or by the transporter in the movement of the vehicle/freight.
The transporter shall indemnify the Seller or any other party for damage, or any other matter, whilst the vehicle/freight is in the transporters possession. The transporter further warrants that all appropriate insurances, licenses, accreditations, certificates of compliance and conditions of carriage shall be in place and available for the Sellers inspection on request.
The vehicle/freight shall be deemed to be in the transporters possession from the commencement of moving the vehicle/freight, to the point of delivery and/or until signed proof of delivery has been obtained. The transporter warrants that all instructions given on the delivery paperwork will at all times be abided by.
The transporter warrants that they will take all reasonable steps to protect the vehicle/freight whilst it is in the transporter’s possession.
The transporter will ensure that its transporters meet all relevant statutory standards and requirements both generally and specifically for its use on the UK/relevant road network.
The transporter undertakes to ensure that all its’ employees, agents and any person acting on it’s behalf comply with all applicable legal and regulatory requirements including best practice in respect of health and safety, corporate governance, maintenance and environmental matters.
If you are
a Seller, you must ensure that you are legally able to offer the
piece of business for tender on the Site and that it is lawful to for
others to tender for such business. You must describe your item for
tender accurately, including text descriptions, graphics, pictures
and other content relevant to the piece of business for tender. As
the Seller you are responsible for ensuring that you have the right
to offer for tender the business and we have the right to host it on
our servers. All business for tender must be listed in an appropriate
category.
Pre-Authorised Auctions allow you to restrict your auctions. These ensure that only members who have been pre-authorised, complying with your additional terms and conditions. Note: You must first enter your terms and conditions in your profile page before using this option.
You acknowledge that we will commence supplying our
services to you as soon as you select “Activate Auction”
on the add new auction page and you recognise that you will not have
the right to cancel any listing under the Consumer Protection
(Distance Selling) Regulations 2000 or any other equivalent
legislation.
To enable Freightfull™ to use your
information, you agree to grant us a non-exclusive, world-wide,
perpetual, irrevocable, royalty-free, sub-licensable licence to
exercise any and all copyright, trade mark, publicity, and database
rights you register in Your Profile or that you enter in a auction,
in any media now known or not currently known. You also waive all
moral rights you have to any information in Your Profile or auctions
to the fullest extent permitted by law.
A Seller who receives
at least one bid at the opening bid price or below must complete the
transaction with the lowest bidder on completion of the auction.
You must not manipulate the price of any auction or interfere
with any other user's auction. Without limitation, you must not bid
in a listing where you are the Seller or procure or encourage any
other person to do so on your behalf. You must not contact bidders in
a auction where items are listed for sale in order to offer similar
items to the bidders in that listing or make bids or make any payment
using a false User ID.
All
auction tenders are VAT exclusive i.e. this is the Nett figure
excluding any VAT element.
11.Fees
Joining Freightfull™ is free and bidding on items is
free. We do not charge fees for placing business for tender on our
Site. The winner of each auction will be liable to pay Freightfull™
a fee of 10% of the winning bid. (excluding VAT)
We may at our
sole discretion change some or all of our services at any time. In
the event we introduce a new service, any fees for that service are
effective at the launch of the service. Unless otherwise stated, all
fees are payable in Pounds sterling. Whether you are a business or
not, value added tax and any other taxes in force will apply to your
transaction. Winning Buyers will be responsible for paying all fees
associated with using our service and our Site and all applicable
taxes. You agree that we may issue you with invoices and statements
in electronic format by e-mail.
12.Severability
If any of the provisions of this Agreement is judged to be
illegal or unenforceable, the remainder shall continue in full force
and the effect of the remainder of them will not be deemed to be
prejudiced (unless the substantive purpose of this Agreement is then
frustrated, in which case either party may terminate this Agreement
forthwith on written notice).