These Terms and Conditions of Use relate to the website www.freightquotes.com.au (Website) and the iOS and Android smart device application "Load Board" (App). The Website and the App are owned, operated and maintained by FreightQuotes Group Pty Ltd (ACN 164 350 430) trading as freightquotes.com.au (freightquotes.com.au). The Website is designed to put Customers in touch with Transport Providers for the purpose of relocating Customers’ freight.
The Website allows:
(a) a Customer to complete a Freight Quote Request to notify prospective Transport Providers of the Customer’s desire to ship a transport item within Australia;
(b) Transport Providers to provide quotes to that Customer in respect of the Customer's Freight Quote Request to provide transportation services (Transport Services); and
(c) the Customer to accept a Transport Provider's quote for the relevant Transport Services,
(together, the Services).
Your use of the Website, the App, the software used by freightquotes.com.au on the Website and/or on the App (Software), and any information, materials and services provided on the Website and/or the App is subject to the terms and conditions set out in these Terms and Conditions of Use. You acknowledge and agree that freightquotes.com.au may update, vary or amend these Terms and Conditions of Use from time to time and the most up-to-date version of these Terms and Conditions of Use is available at freightquotes.com.au/terms-and-conditions. You agree to be bound by these Terms and Conditions of Use as updated, varied or amended from time to time.
By accessing, registering for and/or using the Website, the App, or using the Services, You agree to be bound by these Terms and Conditions of Use.
In these Terms and Conditions of Use:
Account has the meaning given to that term in clause 2.1;
Advertising has the meaning given to that term in clause 8;
Content has the meaning given to that term in clause 7.1;
Customer means any person who registers with freightquotes.com.au to receive Transport Services from Transport Providers;
Freight Quote Request has the meaning given to that term in clause 1.1;
Intellectual Property Rights means copyright, patents, trademarks, designs and other statutory rights and all common law or equitable rights protecting business or personal reputation;
Gateway System has the meaning given to that term in clause 1.2;
Lead means an offer made by freightquotes.com.au to a Transport Provider to provide a quote to a Customer to provide Transport Services in response to a Freight Quote Request in accordance with these Terms and Conditions of Use;
Lead Price means the fee payable by a Transport Provider to freightquotes.com.au upon the Transport Provider accepting a Lead as determined by freightquotes.com.au;
Transport Provider means any person who registers with freightquotes.com.au to provide Transport Services;
You means a Customer or a Transport Provider; and
Your Account Information has the meaning given to that term in clause 2.5.
1 QUOTE PROCESS AND SERVICES
1.1 To request a Transport Service, the Customer must complete an online quote form (Freight Quote Request). The Customer must complete the Freight Quote Request in accordance with any directions provided on the Website or the App and in accordance with these Terms and Conditions of Use.
1.2 freightquotes.com.au will review each Freight Quote Request to ensure it complies with these Terms and Conditions of Use and does not contain any information which freightquotes.com.au determines in its absolute discretion should not posted to the Website or the App. freightquotes.com.au reserves the right to review, edit, modify, delete or refuse to post any Freight Quote Request on the Website or the App for any reason.
1.3 If freightquotes.com.au has reviewed and approved a Freight Quote Request, it will notify Transport Providers of the Freight Quote Request via its email, SMS gateway system and/or the App (or other method as may be used by freightquotes.com.au from time to time) (Gateway System).
1.4 Transport Providers will then have the opportunity to accept a Lead in relation to the Freight Quote Request.
1.5 The first three (3) Transport Providers to accept the Lead will receive the Customer's contact details and will have the opportunity to provide a quote in response to the Freight Quote Request directly to the relevant Customer. The next three (3) Transport Providers to accept the Lead will be notified that three (3) Transport Providers have already accepted the Lead and that they have been placed on a waitlist (Waitlist).
1.6 freightquotes.com.au will send an email to the Customer approximately 24 hours after freightquotes.com.au first notifies Transport Providers of the Customer's Freight Quote Request (Feedback Email). The Feedback Email will seek information from the Customer in relation to any quotes received by the Customer. The Feedback Email will include a facility allowing the Customer to notify freightquotes.com.au if the Customer wishes to receive additional quotes (Additional Quote Request). The Feedback Email will also include a facility allowing the Customer to notify freightquotes.com.au if the Customer has not received any quotes in response to the Freight Quote Request (No Quotes Notice).
1.7 Upon its receipt of an Additional Quote Request, freightquotes.com.au will provide the Customer's contact details to any Transport Providers on the Waitlist. Those Transport Providers will then have an opportunity to provide quotes in response to the Freight Quote Request directly to the Customer.
1.8 When a Transport Provider provides a quote in response to a Freight Quote Request, the Customer will receive the details of the quote and the Transport Provider's contact details. If the Customer wishes to accept a quote from a Transport Provider, the Customer will contact the Transport Provider and confirm the Transport Provider's availability and capability to provide the relevant Transport Services in accordance with the Transport Provider's quote.
1.9 The Customer may then decide to engage a Transport Provider to provide the Transport Services requested in the Freight Quote Request.
1.10 You acknowledge and agree that once a Lead in respect of a Customer's Freight Quote Request has been accepted by six (6) Transport Providers, the Lead will be taken down from the Website and the App and will no longer be available to be accepted by any further Transport Providers.
1.11 A Lead will be made available on the Website and the App to be accepted by Transport Providers only for a period of fourteen (14) days on and from the day freightquotes.com.au first notifies Transport Providers of the relevant Freight Quote Request.
1.12 If freightquotes.com.au receives a No Quotes Notice from a Customer, freightquotes.com.au will re-notify Transport Providers of the Customer's Freight Quote Request. freightquotes.com.au will only renotify Transport Providers of a Customer's Freight Quote Request on one occasion.
1.13 Transport Providers must not send any Freight Quote Requests they receive on to any other Transport Provider or any other third party who provides the same or similar services to the Transport Provider.
1.14 freightquotes.com.au is not a transport company or Transport Provider and has no relationship with any of the Transport Providers and does not provide any Transport Services itself. No Transport Provider is authorised to act on behalf of freightquotes.com.au.
1.15 Customers are solely responsible for making their own assessment of any Transport Provider that contacts them in relation to a quote for a Freight Quote Request and for making their own determination of a Transport Provider’s suitability to provide the Transport Services requested in the Freight Quote Request.
1.16 Transport Providers are solely responsible for making their own assessment of any Customer who provides a Freight Quote Request through freightquotes.com.au.
1.17 Customers must not place a Freight Quote Request for freight in respect of which the Customer has no right, title or interest, or for which the Customer does not have the permission of the owner of that freight to transport that freight using the Transport Services.
1.18 freightquotes.com.au does not make any representation or provide any warranty in respect of:
(a) any Customer or Transport Provider including, without limitation, any representation or warranty in respect of the suitability, behavioural characteristics of or creditworthiness of a Customer who submits a Freight Quote Request; or
(b) any Transport Services provided or to be provided by a Transport Provider including, without limitation, any representation or warranty that those services will be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damages, will be fit for the purpose or will be delivered within a reasonable time.
1.19 You acknowledge and agree that freightquotes.com.au is not responsible for checking the accuracy or truth of the material or information provided on the Website or the App and does not warrant that anything on the Website or the App will be accurate or complete.
1.20 freightquotes.com.au will not get involved in any dispute between a Customer and a Transport Provider in relation to the content of a Freight Quote Request, the provision of Transport Services or any other matter.
2 REGISTRATION AND ACCOUNTS
2.1 Using the Website or the App requires You to first register Your details (which may include, without limitation, Your billing details) and an account will be set up for You (Account).
2.2 You must not register multiple Accounts.
2.3 You agree to provide accurate, current and complete information in order to establish an Account. You agree to maintain and update Your details when those details change. Your right to use the Services may be terminated or the system might not accept a Freight Quote Request if any of the information You provide is false, inaccurate or incomplete.
2.5 Once an Account has been established for You, You will be provided with a "User Account" and a password (Your Account Information). Your Account Information is confidential and it is Your responsibility to maintain its security and confidentiality. You must not permit Your Account to be used by any person other than Yourself. You agree that You will be responsible for any unauthorised activity that occurs as a result of any use of Your account, including any use which is as a result of Your failure to keep Your Account Information confidential and secure.
2.6 You agree to notify freightquotes.com.au immediately if You become aware of or suspect any unauthorised use of Your Account or Your Account Information or any other breach of security of Your Account. In that event, freightquotes.com.au, in its absolute discretion, may suspend, terminate and/or establish a new Account for You.
2.7 Your Account allows You to create Freight Quote Requests (if You are a Customer) and access the Gateway System and respond to a Freight Quote Request (if You are a Transport Provider).
2.8 You acknowledge and agree that freightquotes.com.au may refuse to register an Account for You for any reason or may suspend or terminate an Account, in its sole discretion and will incur no liability whatsoever and howsoever arising should it do so.
3.1 freightquotes.com.au does not charge Customers any fees or charges for registering an Account, accessing and/or using the Transport Services.
3.2 Subject to clauses 3.3 to 3.6, by registering an Account with freightquotes.com.au, a Transport Provider agrees that freightquotes.com.au may charge the Transport Provider's credit card the Lead Price immediately upon the Transport Provider accepting a Lead. The Transport Provider acknowledges and accepts that the Transport Provider will not be entitled or permitted to place a quote to provide Transport Services to a Customer if the Transport Provider has not paid freightquotes.com.au the applicable Lead Price. The Transport Provider acknowledges and agrees that any Lead Price charged to the Transport Provider's credit card in accordance with these Terms and Conditions of Use is non-refundable.
3.3 Where a Transport Provider accepts a Lead but is placed on the Waitlist, the Transport Provider's credit card will not be charged the Lead Price unless and until freightquotes.com.au receives an Additional Quote Request from the relevant Customer in relation to the relevant Freight Quote Request. In the event that freightquotes.com.au receives that Additional Quote Request, the Transport Provider agrees that freightquotes.com.au may immediately charge the Transport Provider's credit card the Lead Price.
3.4 Each Transport Provider acknowledges and agrees that by freightquotes.com.au charging the Transport Provider's credit card any Lead Price in relation to a Freight Quote Request, freightquotes.com.au does not accept, agree, represent, suggest, warrant or guarantee that any quote thereafter provided by the Transport Provider will be accepted by the relevant Customer, or that the Customer will engage the Transport Provider to provide Transport Services in respect of that Freight Quote Request. Each Transport Provider acknowledges and agrees that the only consideration the Transport Provider receives in exchange for its payment of a Lead Price to freightquotes.com.au is the opportunity to provide a quote to a Customer in respect of the Customer's Freight Quote Request.
3.5 When making a payment for a Lead Price, financial details are passed through a secure server using encryption technology which reasonably complies with the then current industry standard. freightquotes.com.au is not responsible for ensuring the strength or effectiveness of that encryption and accepts no responsibility for any loss or damage that may arise as a result of any unauthorised access to and/or use of that encrypted information.
3.6 Other than Lead Prices, freightquotes.com.au does not take any payment from Customers or Transport Providers for access to, and use of, the Services.
3.7 Transport Providers are solely responsible for requesting and obtaining payment of any fees payable by Customers in respect of the provision of Transport Services provided by that Transport Provider. freightquotes.com.au accepts no responsibility and will not be liable for any non-payment of fees owed by Customers to Transport Operators under any circumstances.
3.8 If a Transport Provider wishes to terminate its Account, it must give freightquotes.com.au at least 30 days notice in writing (including by email). freightquotes.com.au will then terminate that Transport Provider's Account at the end of the 30 day notice period.
4 SUSPENSION AND TERMINATION
4.1 freightquotes.com.au may, in its absolute discretion, suspend or terminate Your Account if:
(a) You breach or violate these Terms and Conditions of Use; or
(b) in freightquotes.com.au’s sole opinion, Your ongoing use of the Services and/or Website and/or App will bring, or may bring, the reputation of freightquotes.com.au into disrepute or cause freightquotes.com.au to be in breach of an applicable law.
4.2 If freightquotes.com.au suspends or terminates a Transport Provider's Account or access to the Services or the Website or the App as a result of the Transport Provider's breach of these Terms and Conditions of Use, the Transport Provider will not be entitled to a refund of any Lead Prices that it has paid.
5 USE OF WEBSITE AND APP
5.1 You must use the Website, the App and the Services only for the purposes set out in these Terms and Conditions of Use and must not use the Website, the App and/or the Services:
(a) in breach of any applicable laws or regulations or otherwise for any unlawful or improper purpose;
(b) in a way which causes, or is likely to cause injury or damage to the Website, the App, and/or the Software;
(c) in a way which, or might reasonably be expected to, interferes with, disrupts or creates an undue burden on the Website, the App and/or the Software; or
(d) to encourage or procure the performance of any illegal activity by a third party.
5.2 You must not, and must not attempt to:
(a) use the Website, the App or any of the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of Customers or other data;
(b) copy the details of any Freight Quote Request and post them on any other website or application or use them for any purpose other than the purposes set out in these Terms and Conditions of Use;
(c) provide a Customer’s details to any third party who does not have an Account, including for the purposes of that party providing transport services similar to the Transport Services, or providing a quote for providing such services, to a Customer;
(d) authorise any other person to do any act which would, if that act were to be done by You, infringe any of freightquotes.com.au's Intellectual Property Rights or any Intellectual Property Rights of freightquotes.com.au's licensors or any third parties;
(e) reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover the source code of any software forming part of the Website and/or the App, including the Software;
(f) capture or copy any software on the Website and/or the App, including the Software, for any reason whatsoever (temporary copies for facilitating a technical computing process excepted);
(g) hack, infiltrate or otherwise do anything which may compromise the Website, the App or the Software;
(h) cause freightquotes.com.au to lose (in whole or in part) the services of its internet service provider(s) (ISP) or other suppliers;
(i) introduce 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 or to surreptitiously intercept, access without authority or expropriate any system, data or personal information, to the Website or the App;
(j) use the Website, the App, the Software or any of the Services to create, host or transmit any defamatory, offensive or obscene material or engage in activities which would cause offence to, insult, humiliate or intimidate others on the grounds of race, religion, creed or sex;
(k) use the Website, the App, the Software or any of the Services to harm, or attempt to harm, persons (including persons under the age of 18 years) in any way;
(l) use the Website, the App, or any of the Services to create, host or transmit unsolicited advertising material to other Customers;
(m) where You are a Customer, if You did not receive quotes from Transport Providers in response to a Freight Quote Request and the corresponding Lead has been taken down from the Website and the App in accordance with clause 1.11, You may complete one (1) further Freight Quote Request in relation to the same transport item. You must not otherwise complete more than one (1) Freight Quote Request in relation to the same transport item;
(n) where You are a Transport Provider, place quotes to provide Transport Services to Customers when You are not or may not have the required capability to provide the Transport Services; or
(o) where You are a Transport Provider, fail to provide Transport Services to a Customer in circumstances where the Customer has accepted Your quote.
6 ACCESS TO WEBSITE, APP AND SERVICES
freightquotes.com.au will attempt to make the Website, the App and the Services available for use 24 hours a day, seven days a week. However, it will be necessary for freightquotes.com.au to take-down the Website, the App and cease providing the Services for a period of time for regular maintenance and to make improvements and if circumstances beyond freightquotes.com.au's control exist, such as problems preventing access to internet or webhosting services. freightquotes.com.au will endeavour to carry out the maintenance and improvements outside of normal business hours, so as to minimise disruption to business. In such circumstances, freightquotes.com.au will incur no liability to You for such interruption or cessation of Services no matter how such liability would otherwise arise.
7 INTELLECTUAL PROPERTY
7.1 You acknowledge and agree that all rights in the Website, the App and all material comprised in the Website and the App (including, but not limited to, Intellectual Property Rights, text, images, web pages, sound, software (including, code, interface and website and app structure) and video, and the look and feel, design and compilation thereof) (Content), excluding any content posted or uploaded by You, are owned by freightquotes.com.au or the supplier of the relevant material.
7.2 You acknowledge and agree that You are permitted to use the Content only as set out in these Terms and Conditions of Use or as otherwise expressly authorised in writing by freightquotes.com.au, and that You may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Content.
8 WEBSITE AND APP ADVERTISING
freightquotes.com.au may, from time to time, permit third parties to advertise their goods and services (Advertising) using the Website and/or the App. freightquotes.com.au is not responsible for, and accepts no liability in relation to, any Advertising appearing on the Website and/or the App.
9.1 Unless otherwise stated, fees and charges for any goods or services supplied (or offered for supply) under these Terms and Conditions of Use are stated exclusive of GST. Where GST applies to any supply made to You, freightquotes.com.au will issue You with a Tax Invoice.
9.2 All defined terms in this clause 9 have the meaning given to them in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
10 LIMITATION OF LIABILITY
10.1 Your use of the Website, the App, the Services and the Software is at Your sole risk.
10.2 freightquotes.com.au does not make any representation or warranty that any information or material provided or displayed on the Website or the App will be reliable, accurate or complete and freightquotes.com.au does not accept any responsibility arising in any way from any error or omission in or from information or material on the Website or the App.
10.3 To the extent permitted by law, all conditions, warranties and consumer guarantees (whether express, implied or statutory) relating to Your use of the Website, the App, the Software and the Services are excluded.
10.4 To the extent that liability for breach of any implied warranty, term, condition or consumer guarantee cannot be excluded by law, liability for breach of that implied warranty, term, condition or consumer guarantee will be limited, at freightquotes.com.au's sole discretion, to any one or more of the following:
(a) the supplying of the Services giving rise to the liability again; or
(b) the payment of the cost of having those Services supplied again.
10.5 In relation to any express warranty, term, condition or consumer guarantee set out in these Terms and Conditions of Use in connection with the Services supplied or offered by freightquotes.com.au, freightquotes.com.au's liability to You is limited to any amount paid by You (if any) in respect of those Services.
10.6 To the extent permitted by law, freightquotes.com.au will not be liable (whether in contract, tort or on any other basis in law or in equity) for any personal injury or any incidental, special, indirect or consequential loss or damage whatsoever, including damages for loss of profits, loss of data and business interruption arising out of or related to the use of, or inability to use, the Website, the App, the Software and/or the Services or which otherwise arises in connection with Your dealings with freightquotes.com.au.
10.7 freightquotes.com.au will not be liable for any act, error or omission by a Customer or Transport Provider, including but not limited to, anything that results from a Customer providing incorrect details on a Freight Quote Request, or anything that happens to the freight during transport by the Transport Provider. freightquotes.com.au is not responsible for ensuring that a Transport Provider has any licence(s), registration(s) or insurance which are necessary to provide the Transport Services.
You indemnify freightquotes.com.au and its directors, officers, employees, agents and contractors, and agree to keep each of them fully indemnified, from and against any loss, claim or damages (including, without limitation, any costs (including legal costs) on a full indemnity basis) suffered, incurred or brought against any one or more of them as a result of any breach by You of these Terms and Conditions of Use or arising out of any use by You of the Website, the App, the Software or the Services, including but not limited to any loss, claim or damages arising as a result (direct, indirect or otherwise) of any act, omission, failure or default by You or by anyone for whom You are legally responsible (vicariously or otherwise) in any way connected with Your access to the Website, the App or Your Account for or use of any of the Services.
12 THIRD PARTY SITES
The Website and/or the App may contain links to other web sites or resources operated by parties other than freightquotes.com.au. References to any products, services, processes, trade names, trade marks, or other information of third parties does not imply or constitute an endorsement, sponsorship, association with or recommendation by freightquotes.com.au. Links to third party sites not operated by freightquotes.com.au are provided to You for Your convenience and/or reference only. You acknowledge and agree that freightquotes.com.au does not control such sites and freightquotes.com.au is not responsible for the content on those sites or the privacy of other practices of such sites. You further acknowledge and agree that freightquotes.com.au shall not be responsible or liable, directly or indirectly, for any damage, loss or cost whatsoever caused or alleged to be caused by or in connection with use of or reliance on any such sites or the contents, goods or services available on or through any such site.
13.1 If any provision of these Terms and Conditions of Use is void, voidable, unenforceable or illegal, that provision will be read down so as to be valid and enforceable or, alternatively, will be severed from these Terms and Conditions of Use. The severance of any provision in accordance with this clause will not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions of Use.
13.2 No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
13.3 These Terms and Conditions of Use are governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.