ACCEPTANCE OF TERMS
Welcome to www.Fillmytruck.com.au –
the independent Transport Exchange.
DESCRIPTION OF SERVICE
Fillmytruck Pty Ltd (Fillmytruck), via www.fillmytruck.com.au,
currently provides AUSTRALIAN users with an online freight matching service which
allows users to log and search for available freight and trucks and use any other
freely offered services integrated within www.fillmytruck.com.au
(the "Service"). You also understand and agree that the Service may include certain
communications from Fillmytruck, such as service announcements, alerts and administrative
messages, and that these communications are considered part of the Fillmytruck membership,
and you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, including
the release of new Fillmytruck properties, shall be subject to the Terms and Conditions
(T&C’s). You understand and agree that the Service is provided "AS-IS" and that
Fillmytruck assumes no responsibility for the timeliness, deletion, misdelivery
or failure to store any user communications or personalisation settings. You are
responsible for obtaining access to the Service and that access may involve third
party fees (such as Internet service provider charges). In addition, you must provide
and are responsible for all equipment necessary to access the Service.
For the purposes of this Agreement, the words ‘truck’, ‘vehicle’ and ‘equipment’ are interchangeable and may be used to refer to trucks, trailers, containers, vans, utes, cars, or commercial transport vehicle of any description.
MEMBER REQUIREMENTS
(1) Member is at least 18 year old;
(2) Member can form legally binding contracts under the applicable law. If the member is a business entity, the user must represent an authority to bind the authority to this agreement;
(3) Member is or represents a bona fide carrier, sender, freight forwarder, freight broker or transport & logistics industry consultant;
(4) Member’s commercial purpose in accessing and using Fillmytruck is not to directly
or indirectly compete with or gain competitive advantage in relation to Fillmytruck;
(5) Member’s will not allow non-registered users to use member’s password and/or
username to access a member’s account without the express written consent of Fillmytruck;
(6) Member’s will not allow non-registered users to use member’s password and/or username to access a member’s account without the express written consent of Fillmytruck (Please note that the member will be responsible for the payment of any penalty fees incurred against the members account);
(7) When submitting content to the Fillmytruck website, member warrants and represents that the information is accurate, that member is authorised to submit the information and that the information content, format and delivery method are appropriate.
Should a user violate any provisions for member qualification, Fillmytruck may terminate
the member’s account without notice or warning, in addition to being subjected to
any and all other legal remedies that may be available under these T&C’s, including
but not limited to civil and/or criminal actions under state or federal law. Should
Fillmytruck be forced to institute legal action against member to enforce these
T&C’s or for any other violations of state and/or federal law not specifically enunciated
herein, member expressly agrees to bear any and all costs associated with such action,
including but not limited to actual legal fees incurred by Fillmytruck.
CHAIN OF RESPONSIBILITY
As a member of Fillmytruck you must agree to comply with Chain of Responsibility
(CoR) law when using the Fillmytruck website, Transport Exchange or any other service
we provide. You must legally be able to carry out the tasks you undertake including, but not limited to, appropriate licensing, registrations and driving hours. You agree that Fillmytruck does not fall within the scope of any existing
Chain of Responsibility legislation in Australia. Accordingly, Fillmytruck has no
exposure to potential breaches of the current Chain of Responsibility legislation
in Australia for you using any services that Fillmytruck provide to you as a member.
SENDER'S AND CARRIER'S RESPONSIBILITIES
It is the responsibility of the Fillmytruck Carrier (the member acting as the carrier)
to log accurate and truthful information to the best of their knowledge. If the
Carrier sells a logged truck (spare capacity) outside of the Fillmytruck system
and does not remove the load from the system prior to a Fillmytruck Sender (the
member wishing to ‘send’ freight) purchasing (taking the truck off the Fillmytruck
system), then the Carrier will be charged the transaction fee.
As a Carrier, you agree that if you purchase, or ‘secure’, freight off the system and do not make contact via phone, email or SMS with the other party, (the Sender), or Fillmytruck, within 30 minutes of doing so, then the transaction is deemed void, the freight will be re-instated on the Fillmytruck service, and you will be charged a transaction fee. If you log your truck and it is purchased, or ‘secured’, off the Fillmytruck system by another member and you are unable to be contacted by either phone or email within a reasonable amount of time by either the other party, (the Sender), or Fillmytruck, the transaction will be deemed void and you will be charged a $5.50 incl. GST penalty fee.
Similarly, it is also the responsibility of the Sender (the member wishing to ‘send’
freight) to log accurate and truthful information to the best of their knowledge.
If the Sender sells arranges a carrier outside of the Fillmytruck system and does
not remove the freight from the system prior to a Fillmytruck Carrier (the member
acting as the carrier) accepting the load of freight, then the Sender will be charged
the transaction fee.
As a Sender, you agree that if you purchase, or ‘secure’, a ‘truck’ off the system and do not make contact via phone, email or SMS with the other party, (the Carrier), or Fillmytruck, within 30 minutes of doing so, then the transaction is deemed void, the ‘truck’ will be re-instated on the Fillmytruck service, and you will be charged a transaction fee. If you log your freight and it is purchased, or ‘secured’, off the Fillmytruck system by another party (the Carrier) and you are unable to be contacted by either phone or email within a reasonable amount of time by either the other party, (the Carrier), or Fillmytruck, the transaction will be deemed void and you will be charged a $5.50 incl. GST penalty fee.
In any instance that all reasonable attempts to communicate with the other party have failed, a member should notify Fillmytruck to avoid incurring a penalty fee.
MEMBERSHIP FEES AND CHARGES
Any associated membership fees and use charges are available from the Fillmytruck
website, www.fillmytruck.com.au (Website),
and are subject to change without notice. Your FillMyTruck membership commences
immediately after you submit your registration form and agree to these terms and conditions
as part of your membership. You agree to accept all charges for use of this service
via the agreed payment method during the membership application process. All fees are quoted in Australian Dollars (AUD). Should
you have any problems with any charges, you can contact us on 1300 72 66 80*(for
the cost of a local call from a landline phone in Australia) for a prompt resolution.
ACCEPTED ONLINE PAYMENT METHODS
Fillmytruck may accept payments of fees via VISA, MasterCard, Cheque, and Pre-Authorized
Debit. We reserve the right to charge transaction fees that may be incurred as part
of these payment methods at our discretion at any time without notice.
DEBT TRANSACTIONS RETURNED FOR INSUFFICIENT FUNDS
Fillmytruck will assess a NSF charge of AUD $40.00 against your bank account should
there be insufficient funds in the account at the time a membership fee or transaction
payment occurs. No other Fillmytruck services will be provided until the NSF charge
has been paid.
MERCHANT'S BUSINESS NAME
Fillmytruck Pty Ltd
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
MODIFICATIONS TO SERVICE
Fillmytruck reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
We may also impose limits or restrictions on certain services, features or content
or restrict your access to parts or the entire Site without notice. You agree that
Fillmytruck shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
CANCELLATION
cancellation date will be the date when the email is received by Fillmytruck. Any
fees paid before cancellation will not be refunded.
Customer Service Contact Information
COMPLAINT HANDLING PROCEDURES
If a problem is attributed to a service provided by Fillmytruck, our objective is
to resolve the problem promptly, equitably and amicably. All complaints must be
sent either by email using our Contact Us page. Please include your name, subscription
information, and complete description of your complaint. We strive to respond to
all inquiries within 24 hours.
TERMINATION
You agree that Fillmytruck may, under certain circumstances and without prior notice,
immediately terminate your Fillmytruck account and access to the Service. Cause
for such termination shall include, but not be limited to, (a) breaches or violations
of the T&C’s or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, and (f) extended
periods of inactivity. Termination of your Fillmytruck account includes (a) removal
of access to all offerings within the Service, (b) deletion of your password and
all related information, files and content associated with or inside your account
(or any part thereof), and (c) barring further use of the Service. Further, you
agree that all terminations for cause shall be made in Fillmytruck's sole discretion
and that Fillmytruck shall not be liable to you or any third-party for any termination
of your account or access to the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide
Websites or resources. Due to Fillmytruck having no control over such sites and
resources, you acknowledge and agree that Fillmytruck is not responsible for the
availability of such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree
that Fillmytruck shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use of
or reliance on any such content, goods or services available on or through any such
site or resource.
CONTENT SUBMISSION
In order to maintain a leading online freight matching service, we must guard against
those that may attempt to take advantage of others or who simply do not follow the
rules. If you are submitting content to our site, you warrant and represent that
the information is accurate, that you are authorised to submit the information,
and that the information content, format and delivery method is appropriate. In
order to protect each user we reserve the absolute right to review, reject or modify
the information submitted in our sole and independent discretion. By transferring
information you agree that Fillmytruck, its affiliates, and assigns are licensed
to use, reproduce, display, perform, adapt, modify, distribute, and promote the
information in a manner we deem reasonable in our sole and independent judgment.
ELECTRONIC COMMUNICATIONS & TECHNOLOGY
The content and software used on the Fillmytruck website and the website layout
and design are the exclusive property of Fillmytruck and are protected by copyrights,
trademarks, service marks, patents, trade secrets, and other proprietary rights
and laws. Users may not copy or retrieve data or other content from this Website,
either manually or through the use of automatic devices, for the purpose of creating,
directly or indirectly, a collection, database, or directory without the express
written permission of Fillmytruck. Subscribers may not use meta tags or other hidden
text utilising the Fillmytruck name or trademarks, nor may subscriber use framing
techniques to enclose any portion of the Fillmytruck website, without express written
permission. Unless expressly authorized in writing by Fillmytruck, subscriber may
not reproduce, modify, distribute, transmit, republish, display, rent, sell, license,
edit, or create derivative works from any of the content or other material on this
Website. You acknowledge that Fillmytruck is an Internet-based business and that
our Service is available through the Internet. To maintain an account with us, you
will need to be able to access our website on the internet, which requires appropriate
computer equipment, internet access, a website browser, as well as an e-mail account
and a mobile phone. You acknowledge and understand that you may incur certain operational
costs in connection with your use of the Internet, such as monthly fees for a service
provider, airtime charges, etc, for which you are solely responsible.
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorised by Fillmytruck or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the Software,
in whole or in part.
DISCLAIMER OF WARRANTIES
Fillmytruck maintains an online freight matching service for use by carriers and
senders in order to communicate and do business with each other. Fillmytruck does
not handle the cash, control the users in any way, or arrange for the movement of
freight. All such arrangements are made by the users of the Fillmytruck website,
and any terms and conditions of such freight movement are solely between the carrier
and the sender. No agency, partnership, joint venture, or employee-employer relationship
is intended or created by your use of the Fillmytruck Website or by these T&C’s.
If there is a dispute by a user or between users, we want to know about it to make
sure everyone is doing what they should be doing on our Website. Please keep in
mind that we are simply a middleman for the transport and logistics industry, and in order to protect
ourselves, you agree that you will not bring us into any dispute that may arise
between users. In order to do so, you agree to release Fillmytruck, its officers,
employees, and agents from all claims, demands and damages, actual and consequential,
of every kind and nature, known or unknown, in any way connected with such disputes.
LEGAL COMPLIANCE
In using the Fillmytruck service, members shall be responsible for ensuring their compliance with all applicable domestic and international laws, statutes and regulations regarding the use of the service.
USE OF THE INFORMATION AND DATA CONTAINED ON THIS WEBSITE IS AT YOUR OWN RISK.
Fillmytruck does not give any applicable warranty or guarantee. While Fillmytruck
makes reasonable efforts to post accurate and timely information, we make no representations
or warranties of the accuracy of content on the Website and assumes no liability
or responsibility for inaccuracies, errors, or omissions in such content. The information
and data on this site is provided on an "as is" and "as available" basis without
warranty or condition of any kind or nature, either express or implied. Fillmytruck
specifically disclaims the implied warranties of title, fitness for a particular
purpose, merchantability and non-infringement. In no event shall Fillmytruck be
liable for lost profits or any special, incidental or consequential damages however
arising, including negligence, arising out of or in connection with this agreement
and/or subscriber’s use of the Website. Fillmytruck accepts no responsibility or
liability for any use of the data and/or information or reliance placed upon said
data and/or information. Fillmytruck makes no warranties that said data and/or information
is free of infection by computer viruses or other contamination. Fillmytruck does
not endorse or in any respect warrant any third party products or services by virtue
of any information, material or content referred to or included on, or linked from
or to this Website. Some states do not allow the limitation of liability, so the
foregoing limitation may not apply to you. All Website users agree to indemnify
and hold Fillmytruck, and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, harmless from any claim or demand, including reasonable
legal' fees, made by any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use of the Service, your
connection to the Service, your violation of the T&C’s, or your violation of any
rights of another.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this T&C’s, there shall
be no third party beneficiaries to this Agreement.
GENERAL INFORMATION
The T&C’s constitute the entire agreement between you and Fillmytruck and govern
your use of the Service, superseded any prior agreements (oral, written, or electronic)
between you and Fillmytruck. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other Fillmytruck services, affiliate
services, third-party content or third-party software. The failure of Fillmytruck
to exercise or enforce any right or provision of the T&C’s shall not constitute
a waiver of such right or provision. If any provision of the T&C’s is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavour to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the T&C’s remain in full force and
effect. You acknowledge that by registering with us, submitting information to us
for posting or any other purposes or using the Website and our Service, no fiduciary,
confidential, contractually implied or other relationship is created between you
and us other than the express contractual relationship set forth in these T&C’s.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the T&C’s must be filed
within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the T&C’s are for convenience only and have no legal or contractual
effect.
ASSIGNMENT
We reserve the right to assign our rights and obligations under these T&C’s to one
or more of our affiliates or to any successor entity by way of merger, consolidation,
or otherwise. You are not entitled to assign your account registration or any of
your rights or responsibilities under these T&C’s without our express written consent.
These T&C’s will inure to the benefit of, be binding upon, and be enforceable by
our successors and assigns.
NOTICES
Fillmytruck may provide you with notices, including those regarding changes to the
T&C’s, by either email, regular mail, or postings on the Service.
VIOLATIONS
Please report any violations of the T&C’s to us by email using our Contact Form.
QUESTIONS AND SUGGESTIONS
Fillmytruck welcomes your questions, comments, and suggestions about these Terms
and Conditions (Agreement). We value your feedback and realise that your thoughts
and ideas are often some of the best we receive. Please contact us at: Fillmytruck
– By Phone: 1300 72 66 80 By email: feedback@fillmytruck.com.au.
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