User Agreement
Freightbid offers its Services on the following terms and conditions. Acceptance
of these terms and conditions by use of the Services offered by Freightbid forms
a binding agreement between you and Freightbid. It is important that Users read
and understand these terms and conditions before acceptance.
Agreement
- Definitions
1.1 In this agreement, unless the context otherwise requires:
“Customer” means a User who lists an item of freight for moving on the Website;
“Freight Agreement” means the agreement reached between a FS and a Customer via
the Services; “Freightbid” means C 3 I Technologies Limited trading as “Freightbid”;
“Freight Supplier” or “FS” means a User who provides freight services on the Website
or a User who acts on behalf of such a User;
“Preferred FS” means a service whereby a FS will be offered the option of obtaining
“Preferred” Status upon registering. This entitles the FS with a placement on a
list offered to Customers via a “Freight Now” option. This allows Customers to bypass
an offer process and request a freight price with only one FS. Should a Customer’s
job expire without an offer placement then the Customer will be directed to the preferred
list also. The preferred list will be formed by selecting all FS’s within either
the “pick up” or the “delivery” region. The FS must still make the offer within
the Website.
“User” means any individual, company, corporation, partnership, firm,
joint venture, association, trust, organisation, governmental and other regulatory
body or authority and other entity that becomes a registered user of the Website
and the Services;
“Website” means any website that Freightbid offers the Services
through;
- Agreement top
2.1 This agreement contains the terms and conditions upon which Freightbid
offers its Services. By registering as a User you accept these terms and conditions.
If you do not accept these terms and conditions, you must refrain from using the
Services.
2.2 The terms and conditions of this agreement may be changed in whole or
in part by Freightbid from time to time. Amendments will be effective immediately
upon publishing of the amended terms and conditions on this Website and no other
notice may be given.
- Freightbid’s Role top
3.1 Freightbid’s role is strictly restricted to an online market place to
facilitate the introduction of Freight Suppliers and Customers and the provision
of a third party feedback rating system.
3.2 Freightbid has no role in any Freight Agreement other than as per clause
3.1.
3.3 Freightbid is not a party to Freight Agreements.
3.4 Freightbid is not an agent for any User.
3.5 Freightbid is not a freight broker of any kind.
3.6 Freightbid is not a freight forwarder of any kind.
3.7 Freightbid is not an auctioneer.
3.8 Freightbid does not represent, warrant or guarantee the identity of any
User.
3.9 Freightbid does not represent, warrant or guarantee the completion of
or performance under any Freight Agreement.
3.10 Freightbid does not represent, warrant or guarantee the solvency or ability
to pay of any User.
3.11 Freightbid does not represent, guarantee or warrant the information supplied
on the Website by any User is accurate.
- Risks top
4.1 Users use the Services and the Website entirely at their own risk.
4.2 Freightbid takes no responsibility for any system unavailability, or for
any loss or damage that is incurred as a result of the Freightbid Website or Services
being unavailable.
4.3 Freightbid assumes no responsibility for the corruption of any data or
information held by Freightbid.
- Limitation of Liability and Indemnity top
5.1 Users agree that, to the maximum extent permitted by law, any and all
liability and responsibility of Freightbid to any User or any other person under
or in connection with this agreement, or in connection with the Services, the Website,
another User’s acts or omissions, or a User’s use of or inability to use, the Services
or this Website, is excluded regardless of whether such liability arises in contract,
tort (including negligence), equity, breach of statutory duty or otherwise.
5.2 Freightbid’s liability and responsibility is excluded in respect of any
and all loss or damage, whether direct or indirect, including, without limitation,
loss of profits, loss of data, loss of business or anticipated savings, general
and special damages, and consequential and incidental loss.
5.3 Users agree to release, indemnify and keep indemnified us from and against
all actions, claims, costs (including legal costs and expenses), losses, proceedings,
damages, liabilities, or demands suffered or incurred by Freightbid to any person
arising out of or in connection with a User’s failure to comply with this agreement,
a User’s failure to complete a transaction, or arising out of any content or item
a User submits, posts, transmits, or makes available through the Services.
- User Obligations top
6.1 Users agree to keep their membership information, including email address,
their addresses, and telephone number, current at all times.
6.2 Users agree to keep their Website login information secret and secure.
6.3 Users, if not individuals, will only authorise persons who have the authority
to commit their relevant entity to the obligations under this agreement and any
Freight Agreement.
6.4 As a Customer you agree that you have sufficient funds to pay under Freight
Agreements.
6.5 As a Freight Supplier you agree that you have the capacity to perform
the obligations under any Freight Agreement.
6.6 Customers agree they are specifically obliged to:
6.6.1 Provide all the information requested by the Website to ensure accurate
offers and disclosing all requested information in relation to the freight to enable
FS to determine their capability of moving the freight efficiently, safely
and without damage;
6.6.2 Disclose all known hazards in relation to the freight including the
supply of material safety data sheets and required freight documentation; and
6.6.3 Ensure it is not in breach of this agreement or is acting contrary to
any by-law, regulation or act of government.
6.7 Freight Suppliers agree they are specifically obliged to:
6.7.1 Ensure they are legally able and authorised to transport the freight
on which they bid and hold a current Transport Service Licence where required;
6.7.2 Comply with the Land Transport regulations including correct placarding
as necessary with suitability qualified operators and use certified equipment;
6.7.3 Not charge “Extra Fees” following acceptance of an offer price;
6.7.4 Ensure at the time of offer further information is sought relating
to freight if there is a lack of information; and
6.7.5 Disclose, in their profile, what insurance policies they hold in relation
to freight. They must disclose up to what amount goods are included in their cover
and what items are included. Where a FS considers an item of freight is not covered
under their general cover then this should be disclosed at the time of offer placement.
A FS may provide the additional insurance however it must be clear if the cost is
included in the final offer price and noted as an added value item in the offer conditions;
and
6.7.6 Disclose their terms and conditions of carriage.
6.8 Users shall not list their email address, phone number or any other contact
detail within the description of freight, listing comments and/or questions, or
any other place on the Website, other than as part of the registration process.
6.9 All job listings, offers or communications shall be made in good faith.
- Fees top
Note: Current fees are set out on the
Freightbid fees page.
7.1 To register as a User of Freightbid is FREE.
7.2 There is no listing or transaction fee. Preferred FS Users will be charged
a fee.
7.3 Freightbid charges the FS fees on a success commission basis of
the value of the chosen offer.
7.4 Each successful offer will be debited against the FS account. At the completion
of a 7 day cycle (determined by Freightbid), the FS will be emailed an invoice requiring
payment via credit card or direct debit. This invoice may contain a link to a third party secure
payment facility operated by Direct Payment Solutions Limited, Payment Express®
or such other third party secure payment facility offered by Freightbid.
7.5 Fees may be altered at any time for any reason, including promotional
reasons, at the sole discretion of Freightbid.
Current fees are set out on the
Freightbid fees page.
7.6 All fees are quoted in NZ Dollars and are exclusive of GST.
7.7 FS are responsible for all accepted offers and the associated fees,
submitted under their user name and password.
7.8 Invoices are payable within 14 days of the date of the invoice.
7.9 Should the FS not settle their account within 14 days of the invoice,
Freightbid may at its sole discretion suspend or terminate the FS’s account preventing
any further offers. Freightbid reserves the right at any time after 14 days to
pass the FS account over to a debt collection agency to commence a formal process
of debt recovery. Any outstanding accounts will be charged interest at a rate of
1.25% /mth or part thereof along with any debt collection, legal or other costs
associated with debt recovery.
7.10 The FS may be offered, at Freightbid’s discretion, a choice to participate
in an extended credit scheme that allows the FS to continue to bid and win work
but the transaction will be subject to a 10% fee plus GST. This fee will be paid
by the Customer to Freightbid as a deposit, prior to accepting the FS offer. The
Customer will then pay the remainder of the bid price to the FS upon completion
of the agreed contract.
7.11 If a Customer and a FS are unable in good faith to perform a Freight
Agreement, a refund request may be made that is determined by Freightbid in its
sole discretion. In general terms, if the Freight Agreement is not performed as
a result of a default of the Customer, then the FS may be refunded up to the full
commission. If the Freight Agreement is not performed as a result of a default by
the FS no refund will be given. Any refunds given will be at the sole discretion
of Freightbid and Freightbid’s decision will be final.
- Freight Requirements top
8.1 The FS retains the right to refuse to carry any freight they consider
in breach of any regulation or act of government.
8.2 The FS retains the right to refuse to carry any freight not correctly
packaged, labelled, or specified with the appropriate freight documentation.
- Rights of Freightbid top
9.1 To retain the integrity of the Services and the Website Freightbid at
all times reserve the right to:
9.1.1 Restrict or remove any communication or information that is posted that
is threatening, lewd or illegal, upon it coming to their attention;
9.1.2 Remove, suspend and reinstate members from the Services and Website
at any time and for any reason it considers reasonable. A reason for suspension
or termination may include but is not limited to: non payment of commission, the
activation of more than one account, any correspondence that is in breach of this
agreement, any attempt to avoid fee payment, suspicion of off site communication
between Customer and FS or any inappropriate communications with another member
including harassment, threats, lewd or pornographic content;
9.1.3 Freightbid may limit a User’s activities on the Website, remove offers
or job listings, warn other members of a User’s actions, issue warnings, suspend or
terminate Users, or refuse to provide Services if a User is in breach of this agreement
or where Freightbid considers it appropriate.
9.1.4 Freightbid reserves the right to decline any prospective User becoming
a User.
- Offers top
10.1 Successful offers will be decided at the sole discretion of the Customer.
The lowest, or any offer may not necessarily be accepted.
10.2 FS’s agree that they will not charge or attempt to collect additional
fees to the amount agreed at the acceptance of the offer. The offer price must
include all fees, service charges, tax commission, compliance costs, operating costs,
insurances third party service fees unless otherwise clearly disclosed within the
offer. Any exclusions are considered tags and shall be clearly defined to allow
Customers to make informed decisions. The offer price must include costs associated
with Freightbid fees and FS’s will not attempt to avoid payment of such fees, including
entering into any form of communication outside of the Services or Website once
a job has been placed by a Customer. Should a Customer request a “Freight
Now” option then the job will be forwarded a list of Preferred FS meeting
their criteria.
10.3 An accepted offer forms a legally binding agreement between the Customer
and FS that may be enforced by either of them. Such gives rise to a Freight Agreement.
- Feedback top
11.1 Feedback provided on other Users must not contain offensive, defamatory
or inappropriate language. Freightbid reserves the sole right to determine what
is considered offensive, defamatory or inappropriate language.
11.2 Users may only give User feedback that relates to a specific Freight
Agreement.
11.3 Users must not manipulate feedback.
11.4 Users must provide feedback in good faith.
- Intellectual Property top
12.1 Freightbid owns all proprietary and intellectual property rights in the
Services and the Website (including text, graphics, logos and icons) and the software
and other material underlying and forming part of the Services and the Website.
12.1.1 Users may not without Freightbid’s prior written permission, in any
form or by any means:
12.1.1.1 Adapt, reproduce, copy, store, distribute, print, display, perform,
publish or create derivative works from any part of the Website; or
12.1.1.2 Commercialise, copy, or on-sell any information, or items obtained
from any part of the Website
12.1.2 Freightbid is used as a Trade Mark and all rights are reserved by Freightbid.
12.2 Freightbid encourages its Users to offer feedback to improve the efficiency
or Services offered by this Website and so provide a more valuable and enjoyable
experience. Any suggestions acted upon by Freightbid do not imply ownership by that
User and Users agree all suggestions made are without condition. Freightbid shall
be entitled to unrestricted use of the suggestion for any reason whatsoever, commercial
or otherwise without compensation to you. Freightbid will consider all ideas sent
to us as non-confidential and non-propriety.
- Disputes top
13.1 Disputes between Users and Freightbid regarding our services are to be reported
to admin@freightbid.co.nz. We will attempt to resolve any dispute you have with
us in an amicable and timely manner.
13.2 Freightbid will not be responsible for resolving any disputes between Users.
Should Freightbid be contacted to provide member contact information in the event
a dispute arises Freightbid will offer all such contact information requested. Users
authorise the release of such information in such circumstances.