FreightHub

Terms and Conditions

PLATFORM TERMS

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the FreightHub Platform located at https://www.freighthub.zone/ (Platform) and any other services made available through the Platform. With the FreightHub Platform, Businesses/Shippers can verify their identity and post jobs in minutes, providing Drivers with options that allow efficient route planning.

By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Centralised United National Transport Systems Pty Ltd ABN 77 671 089 679 trading as FreightHub (FreightHub, we or us).

The remainder of this agreement is divided into three parts:

· Part A (All Users), which sets out terms that apply to all Users (comprising both Drivers and Businesses/Shippers;

· Part B (Business/Shippers), which sets out additional terms that apply to Businesses/Shippers; and

· Part C (Drivers), which sets out additional terms that apply to Drivers.

If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you.

If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.

When we talk about the “Services” in this agreement, we are referring to the services available through our website and any associated services we offer.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.]

A. All Users

1. ELIGIBILITY

a. This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:

i. over the age of 18 years and accessing the Platform for personal use; or

ii. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.

b. Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.

c. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so: If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS

a. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).

b. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by FreightHub from time to time.

c. You warrant that any information you give to FreightHub in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

d. Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User unless explicitly authorised or facilitated by the Platform.

e. Once you complete the Account registration process, FreightHub may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

f. FreightHub reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

g. FreightHub may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. USER OBLIGATIONS

As a User, you agree:

a. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

b. to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify FreightHub of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;

c. to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:

i. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and

ii. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by FreightHub;

d. not to act in any way that may harm the reputation of FreightHub or associated or interested parties or do anything at all contrary to the interests of FreightHub or the Platform;

e. not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of FreightHub;

f. that FreightHub may change any features of the Platform or Services offered through the Platform at any time without notice to you;

g. that information given to you through the Platform, by FreightHub or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and

h. that FreightHub may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4. POSTED MATERIALS

1. WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

a. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);

b. the Posted Material is accurate and true at the time it is provided;

c. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

d. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;

e. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;

f. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;

g. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and

h. the Posted Material does not breach or infringe any applicable laws.

2. LICENCE

a. You grant to FreightHub a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for FreightHub to use, exploit or otherwise enjoy the benefit of such Posted Material.

b. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release FreightHub from any and all claims that you could assert against FreightHub by virtue of any such moral rights.

c. You indemnify FreightHub against all damages, losses, costs and expenses incurred by FreightHub arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

3. REMOVAL

a. FreightHub acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, FreightHub may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.

b. You agree that you are responsible for keeping and maintaining records of Posted Material.

5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, FreightHub will have no liability or obligation to you if:

a. a Customer or Service Provider cancels at any time after the time for performance of the Service Listing is agreed; or

b. for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,

and you will not be entitled to any compensation from FreightHub.

6. IDENTITY VERIFICATION

a. (Verification) We may offer or require Users to verify their details using our processes or an external identity verification service as applicable (Verification Service).

b. (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 18. Where a Verification Service is used, you acknowledge and agree that:

i. we may contact and share your personal information with a Verification Service to verify your details;

ii. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.

c. (Warranty and Indemnity) You acknowledge and agree that:

i. we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;

ii. you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and

iii. we do not endorse any User, Service Listing or Verification Service.

7. ONLINE PAYMENT PARTNER

a. We may use third-party online payment partner (Online Payment Partner) to collect payments on the Platform, including for our Services.

b. The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.

c. You agree to release FreightHub and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.

d. We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

8. SERVICE LIMITATIONS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

a. the Platform may have errors or defects (or both, as the case may be);

b. the Platform may not be accessible at times;

c. messages sent through the Platform may not be delivered promptly, or delivered at all;

d. information you receive or supply through the Platform may not be secure or confidential; and

e. any information provided through the Platform may not be accurate or true.

9. GPS TRACKING

a. By signing up for an Account and accepting these terms, you acknowledge and agree that you have the option to expressly authorise the use of location tracking services for the purpose of Businesses/Shippers tracking their Driver. This authorisation allows the Driver to grant explicit permission for their location to be tracked by the Business/Shipper. The functionality operates similarly to GPS-based tracking services commonly used for logistical purposes.

b. FreightHub shall ensure that all location tracking functionalities are implemented in compliance with applicable privacy laws and regulations. Furthermore, FreightHub shall take reasonable measures to safeguard the privacy and security of the Driver’s location data.

c. Drivers retain full discretion over whether to enable location tracking services, and FreightHub shall not compel or coerce Drivers into granting such authorisation. Additionally, FreightHub shall not use location tracking data for any purpose other than facilitating the efficient operation and coordination of services provided through the Platform, unless expressly authorised by the Driver or required by law.

d. The parties understand that the use of location tracking services is subject to the terms of FreightHub`s Privacy Policy, which outlines the collection, use, and disclosure of personal information, including location data. By accepting these terms, the parties agree to abide by the provisions of the Privacy Policy in relation to location tracking services.

10. RATINGS AND REVIEWS

a. Drivers subscribed to a Premium Membership may rate a Business/Shipper (Rating) and/or may provide feedback regarding the their experience or engagement with the Business/Shipper (Review).

b. Drivers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Business/Shippers account is removed or terminated.

c. Drivers must only provide true, fair and accurate information in their Reviews.

d. If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Driver from posting further Reviews. We do not undertake to review each Review made by Drivers.

e. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

f. You may not publish Reviews of Businesses/Shippers to whom you have a personal or professional relationship (separately from the Platform).

g. You may only write a Review about a Business/Shipper if you have had a service experience with that Business/Shipper (collectively referred to as a Service Experience).

h. You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.

i. Your Service Experience must have occurred within the last 12 months when you submit a Review.

j. You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Business/Shipper to write a Review, you should include information about this in your Review.

11. INTELLECTUAL PROPERTY

a. FreightHub retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

b. You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from FreightHub or as permitted by law.

c. In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

12. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). FreightHub accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

13. THIRD PARTY TERMS SUPPLIERS

a. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).

b. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

c. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform.

14. DISPUTES BETWEEN USERS

a. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.

b. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to FreightHub using the functionality provided in the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.

c. Any costs you incur in relation to a complaint or dispute will be your responsibility.

d. FreightHub has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

e. FreightHub reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.

f. If you have a dispute with FreightHub, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.

g. Notwithstanding any other provision of this clause 14, you or FreightHub may at any time cancel your Account or discontinue your use of the Platform.

15. SECURITY

FreightHub does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

16. DISCLAIMER

a. (Introduction service) FreightHub is a medium that facilitates the introduction of Drivers and Businesses/Shippers for the purposes of arranging the transportation of goods. FreightHub simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Service Providers in relation to such services or otherwise resulting from the introduction.

b. (Limitation of Liability) To the maximum extent permitted by law and subject to clause 16(c), the total liability of each party (being you, the User and us, FreightHub) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.

c. Clause 16(b) does not apply to your liability in respect of loss or damage sustained by FreightHub arising from your breach of third party intellectual property rights.

d. (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

e. (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.

f. (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by FreightHub, except:

i. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

ii. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

17. CONFIDENTIALITY

You agree that:

a. no information owned by FreightHub, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and

b. all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

18. PRIVACY

You agree to be bound by the clauses outlined in FreightHub’s Privacy Policy, which can be accessed here.

19. COLLECTION NOTICE]

a. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

b. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

20. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and FreightHub will not be held accountable in relation to any transactions between Customers and Service Providers where tax related misconduct has occurred.

21. RECORD / AUDIT

To the extent permitted by law, FreightHub reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving FreightHub.

22. NOTICES

a. A notice or other communication to a party under this agreement must be:

i. in writing and in English; and

ii. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

b. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

i. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

ii. when replied to by the other party,

whichever is earlier.

23. GENERAL

1. GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

2. WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

3. SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

4. JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

5. ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

6. COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

7. ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

8. INTERPRETATION

a. (singular and plural) words in the singular includes the plural (and vice versa);

b. (gender) words indicating a gender includes the corresponding words of any other gender;

c. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

d. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

e. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

f. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

g. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

h. (headings) headings and words in bold type are for convenience only and do not affect interpretation;

i. (includes) the word “includes” and similar words in any form is not a word of limitation; and

j. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

B. Businesses/Shippers

1. SERVICE LISTINGS

You acknowledge and agree that:

a. you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you procure the services of a Driver (Service Listing);

b. FreightHub may choose not to accept any Service Listing you submit to the Platform, and FreightHub may limit the number of Service Listings you can submit to the Platform;

c. any information you supply in a Service Listings must be true, timely and accurate;

d. you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Driver including by not cancelling any part of such a Service Listing;

e. you must deal with any dispute with a Driver in accordance with clause 14 of Part A;

f. any additional terms and conditions relating to a Service Listing, or a quote provided via the Platform, are solely between you and the relevant Driver and do not involve FreightHub in any way, except that they must not be inconsistent with your or the Driver’s obligations under this agreement; and

g. FreightHub will have no responsibility for the accuracy, reliability or timeliness of any Driver’s response to a Service Listing.

2. FEES

a. Viewing the Platform and posting a Service Listing is free for Businesses/Shippers.

b. Once you accept a response from a Driver, you will be responsible for payment of the relevant fees agreed between yourself and the Driver. You acknowledge that FreightHub does not facilitate payments or transactions between the parties, and that such payments must be made outside of the Platform.

3. REFUNDS & CANCELLATIONS BETWEEN USERS

a. Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Service Listing before performance of services, you must notify the Driver as soon as possible.

b. If you cancel a service specified in an agreed Service Listing, whether the relevant amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Driver.

4. CANCELLATION BY YOU

a. Either FreightHub or the Business/Shipper may cancel/terminate the Business/Shipper’s account at any time (including any listings, memberships or Accounts) for any reason.

b. If a Business/Shipper wants to terminate their account, they can do so by using the Platform’s functionality where available. Where such functionality is not available, FreightHub will effect such termination within a reasonable time after receiving written notice from the Business/Shipper.

c. In the event that a Business/Shipper’s Account is cancelled:

i. the Business/Shipper’s access to all posting tools on the Platform will be revoked;

ii. the Business/Shipper will be unable to view the details of all other Business/Shippers and/or Drivers (including contact details, geographic details, any other personal details and service listings or requests); and

iii. the Business/Shipper may be unable to view the details of other Drivers (including contact details, geographic details and any other details), and all service listings previously posted by the respective Business/Shipper will also be removed from the Platform.

5. LINKED BUSINESSES

You acknowledge and agree that:

a. the Platform provides links and introductions to Driver’s owned and operated by third parties that are not under the control of FreightHub;

b. the provision by FreightHub of introductions to Drivers does not imply any endorsement or recommendation by FreightHub of any Driver;

c. FreightHub does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Driver who uses or is listed on the Platform; and

d. any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Driver once agreed in accordance with clause 6 and do not involve FreightHub in any way.

6. BINDING CONTRACT

You agree that when a Driver submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will accept the services as specified in the relevant Service Listing, in exchange for the payment of the relevant fees agreed between you and the driver. A contract is formed in this respect (between you and the Driver) when you respond to an email or message on the Platform or otherwise, confirming that you accept the Driver’s offer.

C. Drivers

1. SERVICE LISTINGS

You acknowledge and agree that:

a. to unlock the contact details of a Business/Shipper who has submitted a Service Listing, you must pay the Membership Fees set out on the Platform. Such fees will vary from time to time and otherwise in accordance with clause 5.

b. if you respond to or otherwise accept and confirm a Service Listing, that will constitute your offer and intention to enter into a contract with the Business/Shipper; and

c. any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Business/Shipper and do not involve FreightHub in any way, except that such terms and conditions must not be inconsistent with your or the Business/Shippers obligations under this agreement.

2. PROVISION OF SERVICES

a. You must ensure that all services specified in a Service Listing that are accepted by a Business/Shipper are provided: 

i. in accordance with all applicable laws, regulations, tax obligations and industry standards;

ii. with due care and skill and in a professional, punctual and diligent manner;

iii. so that the services are fit for their intended purpose; and

iv. on the date and at the times set out in the Service Listing.

b. If a Business/Shipper requests to reschedule the delivery time for the services listed in a Service Listing, you may choose to accept or reject such a request.

3. WARRANTIES

By listing yourself as a Driver on the Platform or responding to a Service Listing, you represent and warrant that:

a. you are able to fulfil the requirements of the services specified in the Service Listing;

b. you will provide services to each Business/Shipper:

i. using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and

ii. in compliance with all applicable laws; and

c. any individuals involved in your performance of services to any Business/Shipper have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

4. MEMBERSHIPS

a. The Basic Membership grants access to the following features and functionalities:

i. browsing loads;

ii. submitting quotes;

iii. submitting User Rating and Reviews; and

iv. a basic profile which includes but is not limited to:

A. profile photo; and

B. bio.

b. The Premium Membership grants access to the following features and functionalities:

i. browsing loads;

ii. submitting quotes;

iii. submitting User Rating and Reviews; and

iv. a premium profile which includes but is not limited to:

A. profile photo;

B. bio;

C. truck photos;

D. total kilometres;

E. number of completed jobs;

F. number of customers;

G. listing of services;

H. tracking and sharing location; and

I. priority access to newly posted loads for 48 hours.

5. PAYMENT

a. (Membership Fees): The fees for membership shall be payable in the amounts as set out on the Platform.

b. (Membership Term Types): The Platform offers two types of membership terms: monthly memberships and annual memberships. Monthly memberships are billed on a monthly basis, whereas annual memberships are billed in advance for a term of 12 months.

c. (Cancellation of Memberships): Users subscribed to monthly memberships or annual memberships may cancel their membership in accordance with the cancellation clause outlined in this agreement. Upon cancellation, monthly membership fees are non-refundable, and the User`s access to premium features and functionalities will continue until the end of the current billing cycle. For annual memberships, fees are non-refundable, and the User`s access to premium features and functionalities will continue until the end of the current 12-month term.

d. (Changes to Fees): FreightHub reserves the right to change the Membership Fees at any time. In the event of a fee change, FreightHub will provide notice to Users in advance of the change, and the new fees will apply upon the commencement of the next billing cycle.

e. (Suspension for Non-Payment): FreightHub reserves the right to suspend or terminate User access to the Platform and membership features in the event of non-payment of Membership Fees.

f. (Refunds): Except as otherwise provided in this agreement, all Membership Fees are non-refundable.

g. (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

h. (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Service Provider, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

6. CANCELLATIONS BETWEEN USERS

a. FreightHub will have no liability or obligation to you if a Business/Shipper cancels a Service Listing after it has been agreed and you will not be entitled to any compensation from FreightHub in relation to any such cancellation.

b. If you wish to cancel services specified in an agreed Service Listing before the Service Listing has been completed, you must contact the Business/Shipper. If FreightHub decides to investigate your cancellation, you must provide assistance and information to FreightHub as reasonably requested.

c. You must ensure that your cancellation policy and refund policy in relation to you or Businesses/Shippers cancelling an accepted Service Listing is in compliance with all applicable laws, such as the Australian Consumer Law.

7. CANCELLATION BY DRIVERS

a. Either FreightHub or the Driver may cancel/terminate the Business/Shipper’s account at any time (including any listings, memberships or Accounts) for any reason.

b. If a Driver wants to terminate their account, they can do so by using the Platform’s functionality where available. Where such functionality is not available, FreightHub will effect such termination within a reasonable time after receiving written notice from the Driver.

c. In the event that a Driver’s Account is cancelled, the following terms shall apply:

i. following cancellation, access to basic and premium membership features and functionalities will continue until the end of the then-current billing period;

ii. you acknowledge and agree that Membership Fees are non-refundable, and that cancellation does not entitle you to a refund of any Membership Fees already paid;

iii. at the expiry of the then-current billing period:

A. the Driver’s access to all posting tools and premium and basic features (as the case may be) on the Platform will be revoked; and

B. the Driver may be unable to view the details of other Drivers and Businesses/Shippers (including contact details, geographic details and any other details), and all service listings previously posted by the respective Driver will also be removed from the Platform.

iv. Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

8. LINKED BUSINESSES

You acknowledge and agree that:

a. the Platform provides links and introductions to Businesses/Shippers owned and operated by third parties that are not under the control of FreightHub;

b. the provision by FreightHub of introductions to Businesses/Shippers does not imply any endorsement or recommendation by FreightHub of any Business/Shipper;

c. FreightHub does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Business/Shipper who uses or is listed on the Platform; and

d. any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 10 and do not involve FreightHub in any way.

9. COMMUNICATION OUTSIDE THE PLATFORM

a. You must not communicate with a Service Provider, or request or entice a Service Provider to communicate with you, outside the Platform (except in the course of accepting Service Provider services that were agreed in a Service Listing or Service Request).

b. FreightHub, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.

10. BINDING CONTRACT

You agree that when you respond to a Service Listing, this constitutes your intention and offer to enter into a contract with a Business/Shipper, where you will supply the services as specified in the relevant Service Listing, in exchange for the payment of the relevant fees agreed between you and the Business/Shipper. A contract is formed in this respect (between you and the Business/Shipper) when you respond to an email or message on the Platform or otherwise, confirming that you accept the Service Listing.

WEBSITE TERMS AND CONDITIONS

1. INTRODUCTION

a. These terms and conditions (Terms) apply when you use this website, https://www.freighthub.zone/ (Website).

b. You agree to be bound by these Terms which form a binding contractual agreement between you and us, Centralised United National Transport Systems Pty Ltd ABN 77 671 089 679 (FreightHub, our, we or us).

c. If you don’t agree to these Terms, you must refrain from using the Website.

d. We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

2. ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

3. YOUR OBLIGATIONS

You must not:

a. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;

b. use the Website for any purpose other than the purposes of browsing, selecting or purchasing goods;

c. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

d. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

e. use the Website with the assistance of any automated scripting tool or software;

f. act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and

g. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

i. gaining unauthorised access to Website accounts or data;

ii. scanning, probing or testing the Website for security vulnerabilities;

iii. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

iv. instigate or participate in a denial-of-service attack against the Website.

4. INFORMATION ON THE WEBSITE

While we will use our best endeavours to ensure the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

a. the Website may have errors or defects;

b. the Website may not be accessible at times;

c. messages sent through the Website may not be delivered promptly, or delivered at all;

d. information you receive or supply through the Website may not be secure or confidential; or

e. any information provided through the Website may not be accurate or true.

2. We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

5. INTELLECTUAL PROPERTY

a. We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

b. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.

6. LINKS TO OTHER WEBSITES

a. The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.

b. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

7. SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

8. REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

9. PRIVACY

You agree to be bound by our Privacy Policy, which can be found here.

10. LIABILITY

We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we each exclude each other from any liability that may arise due to your use of our Website and/or the information or materials contained on it.

11. GENERAL

11.1 GOVERNING LAW AND JURISDICTION

11.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

11.3 SEVERANCE

11.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

11.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

11.6 ENTIRE AGREEMENT

11.7 INTERPRETATION

a. (singular and plural) words in the singular includes the plural (and vice versa);

b. (gender) words indicating a gender includes the corresponding words of any other gender;

c. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

g. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

h. (headings) headings and words in bold type are for convenience only and do not affect interpretation;

i. (includes) the word “includes” and similar words in any form is not a word of limitation;

j. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

k. (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.