We may, in our sole discretion, modify the Terms without notice to You at any time, which may include but are not limited to removing or imposing new terms or conditions, and/or adding fees and charges for use. Such modifications shall be effective immediately unless specified in these Terms, and the use of the Site and/or the services we provide through the Site shall be deemed to constitute acceptance by You of such modifications. Upon entering accurate and complete load information, you will have an opportunity to review the total fees for the services provided through our Site prior to making your order as We quote such fees to you prior to You accepting our services and us finalizing your order. Therefore, please continue to review the Terms when using the Site. By continuing to access and use the Site after the Terms have been modified, you are agreeing to such modifications. In addition, when using specific Freightera services or features on the Site, you shall be subject to any posted guidelines or rules applicable to such services or features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. In the event of any conflict between such posted guidelines or rules and these Terms, the posted guidelines or rules shall govern.
The acceptance of these Terms is required when using the Site, requesting and receiving a quote from us via any means, including telephone, email or any other electronic transmission, and booking each shipment.
- Description of Service
- The Site is a proprietary freight shipping platform where: (i) carriers can advertise, post rates and lanes; (ii) shippers can view, price and submit freight transportation requests; and (iii) if they wish, shippers and carriers can enter into a contractual relationship based on industry standard Bills of Lading and rules regarding missed pick-ups, delays and other special circumstances in our Special Services Default Rates. The Site is for land, air and sea transportation and related services, including tracking of shipments, in North America. At all times, Freightera is acting as an agent and not as a shipper or carrier and for purposes of clarity the transport of goods by a carrier on behalf of a shipper, even when contracted through the Site, is not part of the Services (as defined). The Site and the information, features, applications and services available on the Site may be referred to herein collectively as the "Service." Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to the Terms.
- Subject to the provisions and conditions of these Terms, Freightera hereby grants You a limited, non-exclusive, non-transferable, during the term hereof right and license to use the Site solely for the purposes outlined herein. No right or license is granted to You other than those stated before. You are prohibited from causing or permitting the reverse engineering, disassembly or de-compilation of the software which runs the Site.
- You confirm that any individual using the Site on your behalf has authority to do so and to bind You. No one under the age of 18 may use the site.
- Selection and Ranking of Carriers
To be eligible to be listed as a carrier on the Site carriers must meet minimal requirements which include, but are not limited to, (i) one year of uninterrupted business operations in the field with the same management; (ii) have at least two trucks in operation; trust and credibility; and (iii) pass a credit report. Accepted carriers agree to the use of their name and logo on the Site. Carriers are ranked according to their historical level of performance on services delivered through the Site. The rankings will be based on flags associated with the Carrier's use of the system, including meeting commitments specified in their individual lane postings. Flags are based on: (i) Pick-up performance (on time pickup), (ii) On-time delivery, (iii) Claims-free shipment (no damage), (iv) Claims settled within 30 days (prompt payment of claims if filed), (v) Exception free delivery (no carrier related problems during delivery), and (vi) Invoice accuracy (carrier invoices for services as quoted). Carriers new to Freightera will be rated at 95% for each category (4.75 stars) while minimum necessary data is gathered by the system.
By applying as a carrier and/or accepting bookings from Freightera you agree to be bound by all Freightera terms and conditions, including you: (a) represent and warrant that you are (i) dually licensed and registered under and conduct your operations in accordance with all laws applicable to you and your operations , and (ii) you provide actual transportation of customer's shipments; and (b) you undertake to continue being dually licensed and registered and conduct your operations in accordance with such laws, and to provide actual transportation services for customer's shipments when using the Service. Furthermore, by operating as a carrier when using the Service you acknowledge and agree that you are exclusively responsible for the transportation and delivery of a customer's shipment, and solely liable in the event of damage and/or loss.|
As a carrier, you agree to honor and be bound by the rates provided to Freightera indefinitely until you notify us in writing that rates are changing and/or provide us with the new rates. Further, you agree that to be binding, rate changes must be sent to Freightera at least 30 days in advance of rate expiry, so we have sufficient time to help you get them into the system.
- Selection of Shippers
- Freightera will use its commercially reasonable efforts to verify shipper's reputation, reliability and activities on the Site. Freightera will use its proprietary, custom algorithms to identify any shipper submitting false load quotes to access carrier data. Any such shipper will be barred from the Site. On a case by case basis Freightera may use Shipper's company name or logo on the Site or other promotional materials.
- Except when granted written permission on a case by case basis by Freightera, the Site is not open to: (i) freight brokers whether they are acting for a carrier or shipper; (ii) carriers who act as a broker; or (iii) carriers who act as double-brokers (where a carrier agrees to transport freight and subsequently re-brokers it to another carrier) unless, a Carrier refers the opportunity to a carrier with which it has a written interline agreement.
- Your Obligations
Whether You are a shipper or carrier, You agree to use the Service only for lawful purposes. You are responsible for all content and information uploaded to, or generated through, the Service by You or on your behalf. You shall not utilize the Service to misrepresent an affiliation with any person or organization, violate the legal rights of any third party, or to upload or transmit any defamatory, indecent, obscene, harassing or otherwise objectionable material, or any material that is protected by copyright, trademark or trade secret, without permission from the applicable owner.
As a Shipper using the site You agree: (a) that you are responsible for providing accurate description of your shipment (including weights, sizes, freight class and NMFC code); (b) that any person (whether an individual or entity) acting on your behalf has the right to legally bind you with respect to the Service (such person includes any party using customer's Bill of Lading (BOL), any party scheduling a shipment(s), any party acting as consignor at the time of pickup, any party acting as consignee at the time of delivery, and/or any party requesting services for you; (c) that all freight rates are quoted as tailgate or curbside pickup and delivery to a commercial location and/or carrier terminal drop off or pickup, and residential services are available and are charged as an assessorial service; (d) that you are solely responsible for ensuring that any pickup and/or delivery location(s) will be carrier- equipment accessible, and any additional costs incurred as a result of the lack of such accessibility will be borne solely by you, the customer, unless specified otherwise; (e) that you ensure the shipment is properly prepared for transport; (f) that you provide the means to load and unload the shipment unless these services have been arranged for as an assessorial service; (g) to promptly pay for all services as actually provided by the Service and any carrier and/or shipper involved in the transportation of your shipment, even if such necessary service was accidentally or willfully omitted by You from the service originally requested ; and (h) that you are responsible for correctly packaging the freight and affixing the Freightera Bill of Lading to all shipments moved using they System.
If as a shipper you wish to make a claim for loss or damage to your shipment, then you agree that: (a) only the shipper, consignee or third-party owner of the freight may file a claim; (b) you must file all freight cargo claims in writing with shipment carrier within 48 hours of delivery; (c) the filing of a claim does not relieve you as the customer for payment of freight charges and your account must be paid in full prior to processing a claim for loss or damage; and (d) any delayed reporting of a claim could forfeit your right as a customer to a claim.
Please contact us for more information regarding carrier insurance or carrier liability.
The fees paid by shippers will be composed of the price charged by the carrier and Freightera's fee. Initially, Freightera will have the same transaction fees built into the price paid by the shipper. Carriers whose system rating goes below a minimum acceptable ranking may incur an increase in the transactional fee on their pricing.
All shipments are rated, quoted, and booked/scheduled based on the information provided by you as a shipper, and you are solely responsible for providing such information accurately. Rates quoted can only be binding when the information provide by You is complete and accurate. For many US carriers this includes correct NMFC code as well.
We base fees on information provided by you as a shipper and take into account various factors including: (a) what is being shipped and the number of items being shipped; (b) the NMFC code and freight class; (c) the type of packing used for the shipment; (d) the packed size of the shipment, its dimensions, and volume of space required; (e) total weight of the shipment including all packing materials, crating and or pallet, if any; (f) location for pickup and/or delivery (commercial, industrial, residential, or other); (g) estimated or guaranteed transit time; (h) any special services requested and/or needed, and any other applicable accessorial charges.
Our fees do not include any non-freight or non-carriage expenses including but not limited to taxes (except those routine taxes specifically included on our invoice to shipper) duties, tariffs, tolls, storage expenses, customs assessment's, penalties, attorney fees, and legal costs allocable to this shipment and/or all disputes related to the shipment, and the customer accepts full responsibility and liability for all such expenses.
- Billing Adjustments
All carriers reserve the right to verify shipment size, weight and commodity type, and US carriers may also verify class and NMFC code. Services needed at pickup or delivery may also have been accidentally or intentionally not included by the shipper in the original quote request. In the event these services are needed to move and successfully deliver the shipper's load, or in the event the shipment is not as described by You, the carrier may charge additional charges for the load, and these charges will be passed on to You by Freightera.
(a) If You are a shipper using the Freightera system or Site, You agree that:
i. the initial cost for each shipment is billed and charged to your account at the time of dispatch and that this initial billing is based on the information the You provided with the assumption that such information was true and accurate and reflected the actual description of your shipment and services to be provided; and
ii. the carrier reserves the right to verify a shipment's size, weight, class, commodity, NMFC code and services provided. Should the carrier decide to audit the shipment, if an error or discrepancy is found on the Bill of Lading or other shipper documents that causes the rate to increase, then the carrier will issue a billing adjustment and Freightera will add additional charges to the shipper invoice for actual services provided.
The customer agrees to pay for all documented billing adjustments using the same method of payment used in the initial billing of this shipment, and that any billing adjustments will be automatically charged to the customer's account with Freightera. (Note: Charges for a weight discrepancy will be calculated based on the price per pound or kilogram as the original shipment as documented on the Bill if Lading, Shipment Confirmation, and Shipper Invoice.
(b) If You are a carrier, then you agree to provide the documentation supporting any bill adjustments to Freightera and referring to any discrepancies You found between the Bill of Lading and the shipment during your audit of the shipment under this section.
- Payment; Late Payment(s)
Payment for all services is by Credit Card (Visa, Master Card, or American Express), Paypal, check, Interact, ACH or other electronic funds transfer, based on cards or accounts in the shipper's name and/or authorized to be used by the shipper, unless agreed to otherwise. The shipper acknowledges and agrees:
(a) to provide their Credit Card information when establishing their account on the Site and to keep such information up to date;
(b) that the Credit Card information provided by the customer, including any updated information, will be used to make payments for the customer's account for using the Service;
(c) Freightera and/or it's payment processor(s) are authorized to automatically charge any amounts payable by the shipper in connection with shipper's use of the Service using such Credit Card information (including any updated information) provided by the customer;
(d) All payments received will be applied to the oldest (based on pickup date) outstanding invoice first; and
(e) If payment for a bill, invoice or other amount due by You, the customer, to Freightera is not received by the applicable due date because of the mentioned Credit Card information being denied for payment processing by the applicable financial intermediary, then: (i) Freightera reserves the right to charge a $25 per invoice late fee, and interest on overdue invoices at the highest rate allowed under the law until such invoices are paid in full.
- Freightera's policy on overdue accounts
- Freightera reserves the right to suspend accounts that are overdue past 60 calendar days. These accounts will be turned back on once the due amounts are paid. Freightera reserves the right to suspend accounts permanently for consistent overdue payment issues.
- Bill of Lading (BOL)
- The Bill of Lading, or BOL, is non-negotiable and is prepared by the System for the shipper or by Freightera (or its employees, agents, and/or other personnel facilitating the Service) (on behalf of the shipper and shall be deemed, conclusively, to have been prepared by the shipper. The Bill of Lading cannot be changed by the shipper without permission in writing from Freightera, and a modification to the original quoted price, if necessary.
- Non-Circumvention Clause
- Freightera provides marketing and sales automation services to carriers at no charge. In return carriers agree they will not directly solicit any shipper first introduced to them via the system. In the event of direct solicitation, the carrier involved agrees to pay Freightera 40% of the gross profits received from that shipper for a 2 year period starting with direct solicitation of loads.
- Site Security
- Freightera will use commercially reasonable security technologies (such as encryption, password protection, hacking protection and firewall protection) in providing the Service, and You shall comply with the applicable Freightera security guidelines and procedures made known to You through the Service or otherwise. However, Freightera does not control the transfer of data over telecommunications facilities, including the Internet, and Freightera does not warrant secure operation of the Service or that such security technologies will be able to prevent third party disruptions of the Service.
- Privacy and History
- Data uploaded by carriers is shared only with shippers.
- Information You Provide to Us
- From time to time You are required to provide or update certain information in order to access or take advantage of certain features offered on the Site (for example, to join our email distribution list or to request that we send You information). Any information You provide us or post on the Site shall be true, accurate, current and complete. Additionally, in order to provide the Services to You or Your clients we may acquire from You contact information for You and/or your clients. Any such information will be used solely to provide the Services to You or your clients.
- In order to use this Site, a user must first complete the registration form. During registration a user is required to give certain information, such as name and email address. This information is used to contact You about the services on this Site in which you have expressed interest, including your account information, booking information and tracking of your shipments. Users may opt out of emails by using email opt-out option. Please note that if You opt out of emails from this site, You may miss information regarding your account.
- Cookies and other tracking technologies
- Links to other websites
- This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. If You submit personal information to any of those sites, your information is governed by their privacy statements. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
- Limitation of Liability
You recognize that Freightera is providing the Service as is. You acknowledge and agree that Freightera is a freight broker and not the actual freight carrier. A carrier is the party that actually transports a customer's shipment, while a shipper has goods that require transportation. You acknowledge that the transportation of any freight, shipment or good using the Service is performed exclusively by the carrier, and not performed by Freightera, and as such, you agree: (a) that Freightera is under no circumstances responsible for the physical whereabouts, control, condition, and/or delivery of any goods being shipped using the Service; and (b) to hold Freightera and the other Excluded Parties (as defined herein) harmless for services, acts or omissions (including related to the handling and transportation of freight) performed by the carrier.
You agree to pay any and all fees due to Freightera for your use of the Service regardless of whether you are a carrier or shipper and regardless of whether any dispute may or may not occur, or has occurred, between you and any carrier and/or shipper.
You acknowledge and agree that Freightera, being only a freight broker, acts as an intermediary between the customer, carrier and/or shipper by providing information related to the carrier and/or shipper including access to rates and services provided by carriers and shippers, and as such its liability is limited by these Terms to the extend allowed under applicable law.
We require that all carriers using the System be fully licenced, bonded and insured. That said, it is the sole responsibility of the carrier, not Freightera, to ensure that licences, bonds and insurance remains in effect at all times, and both carrier and shipper agree, by using the System, to specifically exclude Freightera from any responsibility or liability related to carrier licensing, bonding or insurance.
You agree that Freightera and the other Excluded Parties are not liable for carrier or shipper service failures related to, damage to, or loss of shipment or freight. You acknowledge and agree that Freightera does not accept any good or shipment from any party using the Service whether on consignment or on any other term, does not at any time hold, handle, store or transport freight, shipment or any good, and does not otherwise take control of any freight, shipment or good, and that a shipper using the service consigns (signs over) their shipment directly to the carrier. You agree that the services provided by Freightera through the Service are limited to brokering of freight between the parties being the carriers and shipper, and they are processed, secured, executed, and recorded as a service within the Province of British Columbia, Canada.
You acknowledge and agree Freightera is not involved in and does not accept any responsibility for shipments or other related services procured through the Service and shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, graphics or any other materials transmitted or made available via the Service. Freightera shall not be responsible or liable for any decisions made in reliance on such information, or for the conduct or service performed by any carrier listed in the system.
You agree that you are solely responsible for the accuracy of all information you provide Freightera through or while using the Service. You agree that Freightera, and its management, directors, employees, agents, contractors, consultants, advisors, affiliates, associates, and/or subsidiaries (collectively, the 'Excluded Parties') as they may be from time to time, are not responsible and are not liable for any damages, fees, fines, levies, taxes, tariffs, penalties, sanctions, other monetary fees or dues, or adverse consequence whether or not of a monetary nature that you (and/or your management, directors, employees, agents, contractors, consultants, advisors, affiliates, associates, and/or subsidiaries, as applicable and as they may be from time to time) incur or experience arising from or related to any inaccuracy in the information you provide to Freightera through or while using the Service.
You further agree that the Excluded Parties are not liable for any misclassification of freight or NMFC classification mistakes made by any of the Excluded Parties and/or the Service. You acknowledge that freight classification, and in particular NMFC classification, are nuanced and may be prone to errors depending on the completeness of the information provided, and that Freightera will make its best effort in good faith to correctly classify the shipment or the NMFC classification.
You agree that Freightera and the Excluded Parties are not and will not be liable for any loss, or and/or missed, delayed, or non-delivery of a shipment, including but not limited to those caused by:
(a) an Act of God, war, accident or peril experienced while shipment occurs (whether on the ground, sea or air), mechanical/equipment issues or failure (including those related to truck, aircraft, ship, and equipment), adverse weather conditions, riot, strike, labour dispute, civil disorder, terrorist activity, quarantine, or intervention, act or omission of any governmental or public authority (including of any customs agency or authority);
(b) the act, default or omission by a customer or any other party who claims interest in the shipment;
(c) the nature of or any defect in the shipment;
(d) a shipper or carrier's violation of these Terms or the terms and conditions contained in the Bill of Lading or of the carrier's General Rules Tariff (including but not limited to insufficient or improper addressing, marking, classification, packing, securing, or failure to observe any of the rules relating to shipments not acceptable for transportation or shipping);
(e) Any of the Excluded Partie's failure to comply with the delivery or other instructions from the customer or for the acts or omissions of any person; or
(f) any circumstance that is beyond Freightera's control.
Subject to the limitations of liability contained in these terms, the Bill of Lading and the Carrier's General Rules Tariff, Freightera shall only be liable for loss, damage, missed delivery, or non-delivery caused by Freightera's own gross negligence. Freightera's liability therefore shall be limited to the fees that Freightera has earned with respect to the subject shipment.
The shipper agrees to that neither Freightera or the Carrier can be held liable for consequential damages, or other losses the shipper may have experienced as a consequence of transit times, which are always estimated, being greater the than? expected.
In no event shall Freightera be liable nor will any account be credited if the shipper does not use the Freightera Bill of Lading.
All shipments are covered under the Carrier's limited liability coverage as noted below based on Full Truck Load (TL), Less Than a Truck Load (LTL), Intermodal (IM), Less than Container Load (LCL), Container Load (CL), Air, and other service types that may be added from time to time (see below). Consignee agrees to inspect the shipment at the time of delivery and document any damage on the delivery bill). Failure to notate damage may cause forfeiture of the liability claim. The Carrier's liability coverage only covers damage or loss of the freight shipped, not lost time, labor, or shipping costs. Some carriers will ask the customers to include the shipping cost (this is what they pay to us) in the claim as well.
Truck load (TL) Carriers are required by law to carry a minimum of $100,000.00 of cargo insurance. This coverage protects the Customer from theft, loss, or damage due to fire or vehicle accident. It does not cover loss caused during normal transit. It is assumed that damage occurring independent of an accident involving the vehicle is a consequence of improper or inadequate packing or crating.
For Less than Truckload (LTL), every booked freight shipment comes with limited liability coverage. The amount of coverage is determined by the carrier and based upon the commodity type. It covers a certain dollar amount per pound of freight. In some situations, the included liability coverage may be less than the value of the shipped goods. If you need full coverage, be sure to state the insurance value and verify with Freightera that additional insurance has been purchased and is included in rate quote.
- No Special, Indirect or Consequential Damages
- By using the Site You agree to hold Freightera, and its successors, employees, contractors and associates, completely harmless from all claims of special, indirect, or consequential damages, whether the possibility of such damage has been disclosed to You in advance or could have been reasonably foreseen. This provision shall survive the expiration, termination or cancellation of the Service.
- Limited Warranty by Freightera
- Freightera warrants that the Service will perform substantially in accordance with Our operating and technical documentation relating to the features, functions and operation of the Service as established from time to time. Freightera's sole obligation with respect to a breach of the warranty shall be to repair or replace any component giving rise to the breach of warranty. The limited warranty in this is in lieu of all other warranties. FREIGHTERA MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICE, IN WHOLE OR IN PART, OR ANY OTHER MATTER UNDER THESE TERMS. FREIGHTERA EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. FREIGHTERA EXPRESSLY DOES NOT WARRANT THAT THE SERVICE, IN WHOLE OR IN PART, WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION.
- Representations, Warranties, and Covenants of Carriers and Shippers
All carriers, shippers and any others using the Service represent and warrant to Freightera that they have the legal capacity and authority, under applicable law(s) concerned with such capacity and/or authority in their jurisdiction of domicile and/or organization, to enter into and be bound by these Terms.
All carriers, shippers and any others using the Service shall act in compliance with all applicable laws (including those related to any jurisdiction(s) freight originates from, passes through or over, and is delivered to) governing their respective activities related to the shipment of freight or any good while using the Service, and such compliance is solely the responsible of the party such laws apply to. For the purposes of these Terms, laws include but are not limited to rules, regulations, statutes, acts, orders, announcements, pronouncements, and similar items of government body or authority having legal effect.
Each shipper using the Service acknowledges and agrees that:
(a) If the shipper does not complete all the documents required for carriage, or if the documents which it submits through the Service are not appropriate for the services it requests, then such customer hereby instructs and authorizes Freightera and its employees, agents, and other personnel facilitating the Service, where permitted by law, to complete, correct or replace the documents for them at the expense of the customer; however, the customer acknowledges that Freightera and its employees, agents, and other personnel facilitating the Service are not obligated to make any such completion, correction and/or replacement;
(b) If a substitute form of Bill of Lading is needed to complete delivery of the customer's shipment and Freightera (or its employees, agents, and/or other personnel facilitating the Service) completes that document, then the terms of this Bill of Lading will govern;
(c) The Excluded Parties are not liable to the customer or to any other person for any actions taken on behalf of the customer; and
(d) The Excluded Parties assume no liability to the customer or to any other person for any loss or expense due to the failure of the customer to comply with this provision.
You recognize and acknowledge that by accessing the Site and using the Service you may come to gain knowledge of and gain access to confidential information of Freightera including without limitation, information and knowledge pertaining to the Site, the Service and other products or services offered, innovations, technologies, designs, ideas, plans, trade secrets, proprietary information, advertising, distribution and sales methods and systems, and relationships between Freightera and its customers, clients, suppliers, carriers and/or shippers using the system, and others who have business dealings with Freightera (collectively the 'Confidential Information'). You acknowledge that such Confidential Information is a valuable and unique asset and covenant that you will not, directly or indirectly, whether during or after your use of the Service, disclose any such Confidential Information to any person (which includes any individual or non-individual entity) for any reason whatsoever or use such Confidential Information for any purpose without the prior written authorization of Freightera, unless such information is in the public domain through no fault of you or anyone acting on your behalf, or except as permissible by law or court order (in cases which you shall notify Freightera as soon as practicable before you make such disclosure under such law or order, and if not permitted by such law or order then in the earliest time permitted by such law or order). You shall not reverse engineer any of Freightera's Confidential Information for any purpose. Upon Freightera's request, you must delete or otherwise destroy all non-tangible things containing the Confidential information and return all tangible materials containing Confidential Information to Freightera and/or destroy/delete such tangible Confidential Information. Freightera's Confidential Information is protected by applicable intellectual property laws in multiple jurisdictions internationally, including but not limited to copyright, trademarks, and patents.
Except as otherwise permitted under these Terms or under applicable law, Freightera will not disclose to any third party a carrier's rates and lanes. We will use at least the same standard of care to maintain the confidentiality of carrier's rates and lanes as used to maintain the confidentiality of our own Confidential Information.
- You shall defend and hold harmless Freightera against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorney fees that Freightera shall incur or suffer, that arise, result from, or relate to any breach of or failure by You to perform any of your obligations in these Terms.
- Limitation of Remedies and Liability
Other than any outstanding amounts due to Freightera hereunder, both parties limit their liability with respect to the use and the performance of the Site or Services to an amount not to exceed Freightera's retained portion, after all carrier payments and load related expenses, of the amount paid by You to Freightera in the immediately preceding 3 month period.
All shippers, carriers and other users of the Freightera system and Site mutually agree that neither the shipper, carrier or other use nor Freightera shall be liable or responsible for any legal expense or any other expenses uncured by the other party in defending a claim or dispute between these parties.
- These Terms and the attached right and license shall terminate in any of the following events: (i) You not paying any fees due to Freightera; (ii) failure to respect the provisions hereof or any other provisions stipulated by Freightera; (iii) discontinuance of the Site; or (iv) You issuing a written notice of termination to Freightera. Upon termination of these Terms You will discontinue further use of the Site. Termination of these Terms will not relieve You from making payments which may be owing to Freightera or seeking any other remedies under law or in equity.
- Force Majeure
- Except with respect to the payment of fees hereunder, neither party will be liable to the other for any failure or delay in performance under these Terms solely during the period necessitated by the force majeure, due to circumstances beyond its reasonable control. Force majeure is limited to acts of war, terrorist acts, natural disasters, accident, labor disruption, acts, omissions and defaults of third parties and official, governmental and judicial action not the fault of the party failing or delaying in performance, or the threat of any of the foregoing.
- You may not assign or otherwise transfer these Terms, or any interest, rights, or obligations thereunder, to any party, without Freightera's written consent. Freightera may assign these Terms and its rights and obligations hereunder to any part at will without obtaining your consent.
- Customer Service
- Is part of Freightera transactional fees which gives you the rights to customer service.
- Freightera policy on competitors:
- Freight brokers, 3PLs, Freight Forwarders, and other potential Freightera competitors (each a “Using Party”) are allowed to use Freightera’s system on a case by case basis only at Freightera’s sole discretion and can be suspended at any time if they do not follow the site policy. No intellectual property of Freightera, including that of any of its subsidiaries and affiliates, is assigned, licensed, or otherwise transferred to any party through usage under this section or otherwise, and such intellectual property shall remain the property of its respective owner(s). A Using Party shall not allow any other party to use Freightera’s system and shall not copy, reverse engineer, or take any action that is contrary to the intellectual property rights of Freightera, its subsidiaries, and its affiliates.
- Freightera’s policy on discounted or preferential rates, fees, or other charges:
- The discounted or preferential rates, fees, or other charges offered to all Freightera customers are at Freightera’s sole discretion, a privilege, and not an obligation of Freightera to any of its customers or any other party. Freightera reserves the right to increase individual customer rates, fees, or other charges if the customer consistently refuses to pay valid rates, fees, or charges for services used, or if any invoice due to Freightera or any of its subsidiaries remains outstanding beyond 60 calendar days from the date of such invoice. Freightera reserves the right to discontinue any discounted rate, fee or other charge if dictated by market conditions.
- Freightera’s policy against verbal and emotional abuse:
- Governing Law
These Terms (including any posted guidelines or rules applicable to Service or features on the Site, as incorporated by reference herein per section 1 above) and performance under these Terms shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding Your domicile, residence or physical location, or the domicile, residence or physical location of any other party involved in your transaction.
Any and all actions, disputes, controversies, suits, claims (whether of a legal or equitable nature), proceedings, or hearings arising out of or in connection with the Site, the Service, the usage of the Site and/or the Service, and/or these Terms (including claims regarding applicability or validity of this provision) between You and Freightera and/or any of the other Excluded Parties (and/or made by You or anyone connected to You or claiming through You against Freightera and/or any of the other Excluded Parties) shall be:
(a) governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding Your domicile, residence or physical location, or the domicile, residence or physical location of any other party involved during any transaction and/or shipment that may be subject to any such dispute, controversy or claim; and
(b) submitted to and be subject to the exclusive jurisdiction of the courts of Vancouver in the Province of British Columbia, Canada.
For the purposes of this section, You agree to submit and attorn to the exclusive jurisdiction of the courts of Vancouver in the Province of British Columbia, Canada to adjudicate or determine any action, dispute, controversy, suit, claim, proceeding, or hearing as described this section.
- Arbitration Agreement
- This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein and each party hereto irrevocably submits to arbitration for the resolution of any disputes between the parties, to be conducted by a single arbitrator chosen by the parties.
- Waiver; Severability
- The waiver by Freightera of a breach or a default of any provision of these Terms by You shall not be construed as a waiver of any succeeding breach of the same or any other provision by You. Any delay or omission on the part of Freightera to exercise or avail itself of any right, power or privilege it has shall not undermine Freightera's right to exercise or avail itself of any such right, power or privilege. No waiver of any provision of these Terms shall be effective unless in writing and executed by Freightera waiving the right. If any provision or part thereof of these Terms, or the application thereof to any person or circumstance shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision or part to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the fullest extent permitted by the law governing these Terms.
(i) your use of the website https://www.freightera.com (where you can learn more about FREIGHTERA’s benefits, and request for information and content);
(ii) events you may attend to (for example, webinars).
FREIGHTERA is not available for businesses based in the European Union and/or any EU Data Subjects. Businesses or individuals subject to EU Data laws are not allowed to use the FREIGHTERA website or any services.
Our Collection of Your Personal Data
FREIGHTERA collects and uses information that, alone or in combination with other information, could be used to identify you (“Personal Data”) in order to deliver our benefits, inform you of various opportunities, and provide support, as described below (please also see the “How We Use Information” section below).
Personal Data That You Voluntarily Provide to Us. FREIGHTERA primarily collects Personal Data provided to us by individuals and businesses when they interact with our website, platform and events. For example, you may voluntarily provide us with Personal Data when you sign up to join our site, participate in our events, follow our blogs, webinars, download content, submit a web form, call or email us directly, or request an overview of our platform and system.
The types of Personal Data that we collect vary based on the benefits offered on our Website, but generally include your name, address, telephone number, company name, job title, e-mail address, and other information that you voluntarily submit to us.
You should carefully consider whether you wish to submit Personal Data. You should also review any additional terms and conditions that may govern your use of our services.
Information Received from Other Sources. We may receive information about you from publicly available and third-party databases or services that provide information about business people and companies, or from third parties from whom we have purchased information (including an individual’s name, job title, business contact information, and information about the business where the individual works) and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide services that may be of interest to you.
Automatically Collected Data. As you interact on our Website, we may collect information about your computer or device and visits to our Website (“Automatically Collected Data”) through cookies, web beacons and other technologies, Internet Protocol (IP) address tracking/URL tracking, and other tools (collectively, “Tracking Technologies”). The types of Automatically Collected Data collected on our Websites through the use of these and other tools that we may add from time to time may include: the search terms you used, new or returning user information, browser information, computer or device type, operating system, internet service provider, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, and ads viewed. Please see the “Tracking Technologies” section below to learn more about how we use Tracking Technologies.
How We Use Information
Provide our offerings and respond to requests. We use the Personal Data we collect from you (unless otherwise restricted by law) to:
- Provide you support or other benefits you have ordered from us and other similar operational communications.
- Respond directly to your information requests (including registrations or other specific requests) or other inquiries.
Marketing. We also use your contact information to contact you by email, postal mail, phone, or social platforms regarding information that we think may be of interest to you. If you do not wish to receive marketing materials, brochures, or emails from FREIGHTERA, you may inform us of your preference by sending a letter or calling FREIGHTERA at the contact information below. You may also submit a contact form electronically through the Website and unsubscribe from our marketing communications by clicking on the “unsubscribe” link located on the bottom of our e-mails.
Where required by the applicable law, we will send you marketing information or notifications only with your consent, which was given at the time you provided us with the Personal Data. In such case, if you do not provide us with your consent to the processing of your Personal Data for this purpose, we will not send you this information. For California residents, please consult the “Your Privacy Rights” section below for additional considerations.
With your permission, we may also use information you provide to us as a testimonial posted on the Website.
Correspondence. If you correspond with FREIGHTERA via e-mail, the postal service, our web forms, social platforms, or other form of communication, we may retain the correspondence and the information it contains. We may use the information for business purposes, including responding to your inquiry, notifying you of FREIGHTERA related opportunities, and other marketing purposes (please read the Marketing section above for more information on our marketing practices and how to opt out or unsubscribe).
URL and IP Address. FREIGHTERA collects information about users’ IP addresses, including users’ utilization of our Website, to help us design our Website to better suit our Website users’ needs. We may use information about your IP address to help diagnose problems with our server, administer our Website, analyze trends, track visitor movements, and gather information that assists us in identifying visitor preferences. We also may use your IP address to enhance our security and investigate an actual or potential security incident. This use of your information is necessary for our legitimate interests in understanding how the Website and our Services are being used by you, to improve your experience on it and ensuring network and information security. For more information about what we mean by legitimate interests, and when we may process Personal Data for our legitimate interests, please see below.
Disclosure of Information
FREIGHTERA discloses Personal Data that we collect (described above) in accordance with the terms set forth in this section.
We share your Personal Data with third parties who provide certain services to us to assist us in meeting business operation needs. These parties are authorized to process your Personal Data, on our behalf and pursuant to our instructions, only as necessary to provide these services to us. We share your Personal Data with the following service providers:
- Providers of payment processing and accounting, as necessary to process payment
- Providers helping us manage online marketing and sales (such as Infusionsoft, Zendesk, and Hubspot)
- Providers of research and analytics services, including Google Analytics
We may also disclose Personal Data to third parties in the following circumstances: (1) if you request or authorize (when required by the law, we will inform you in advance of the third parties to which we may provide your data and the purpose for doing so, and we will obtain your prior consent for such use); (2) the information is provided (a) to comply with the law (for example, to comply with a search warrant, subpoena or other legal process), (b) to enforce an agreement we have with you, (c) to protect our rights, property or safety, or the rights, property or safety of our employees or others, (d) to investigate fraud, or (e) to respond to a government request or to lawful requests by public authorities, including to meet national security or law enforcement requirements; (3) to address emergencies or acts of God; (4) to address disputes, claims, or to persons holding a legal or beneficial interest; (5) if we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, in which case your Personal Data and other information may be transferred to a successor or affiliate as part of that transaction along with other assets.
How You Can Access and Change Information
FREIGHTERA acknowledges that you have the right to access your Personal Data. In case you request us to remove data, we will respond within a reasonable timeframe.
Upon request, FREIGHTERA will provide you with information about whether we hold any of your Personal Data. You can update or correct your Personal Data or remove it from our system by making a request to us at the contact information provided below. Requests typically receive a response within thirty (30) days. If access cannot be provided within that time frame, we will provide the requesting party with an estimated date by which the information will be provided. If for some reason access is denied, we will provide an explanation of why access has been denied.
If you are an EU Data Subject, you are not allowed to use the FREIGHTERA system. In the event that you still enter personal data in our Website, Apps or any other FREIGHTERA system, please see the “EU Data Subject” section below for information on your rights in relation to the Personal Data we hold about you.
EU Data Subjects
Scope. This section applies if you are an individual located in the European Union or European Economic Area (collectively, “EU”) (“EU Data Subject”). For these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway and, where applicable, Switzerland.
Data Controller. FREIGHTERA is the data controller for the processing of your Personal Data.
Your Rights. Subject to applicable law, you have the following rights in relation to your Personal Data:
- Right of access: If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.
- Right to rectification: If your Personal Data is inaccurate or incomplete, you are entitled to have it rectified or completed. If we have shared your Personal Data with others, we will tell them about the rectification where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
- Right to erasure: You may ask us to delete or remove your Personal Data and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion). If we have shared your data with others, we will tell them about the erasure where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
- Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or object to us processing it. We will tell you before we lift any restriction on processing. If we have shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so that you can contact them directly.
- Right to data portability: Effective 25 May 2018, you have the right to obtain your Personal Data from us that you consented to give us or that is necessary to perform a contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
- Right to object: You may ask us at any time to stop processing your Personal Data, and we will do so:
- If we are relying on a legitimate interest to process your Personal Data — unless we demonstrate compelling legitimate grounds for the processing; or
- If we are processing your Personal Data for direct marketing.
- Rights in relation to automated decision-making and profiling: You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, that affect you, unless such processing is necessary for entering into, or the performance of, a contract between you and us or you provide your explicit consent to such processing.
- Right to withdraw consent: If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on your prior consent.
- Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we have handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.
You may exercise your rights by contacting us as indicated under “Contact Us” section below.
Retention of Personal Data
Personal data that we process will not be retained for longer than is necessary for the purpose(s) for which it has been obtained. In some cases, it is not possible for us to specify in advance the periods for which your personal data will be retained.
Notwithstanding any contrary provisions in this Policy, however, we may retain your Personal Data where such retention is necessary for compliance with a legal obligation to which we are subject, or to protect your vital interests or the vital interests of another natural person.
Our Security Measures to Protect Your Personal Data
We are committed to taking reasonable efforts to secure the information that you choose to provide us, and we use a variety of security procedures to help protect against unauthorized access to or alteration, disclosure, or destruction of Personal Data. We restrict access to Personal Data to our employees, contractors and service providers (described in the “Disclosure of Information” section above) who need to know the information to operate, develop, or improve our services.
We retain your Personal Data for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. We retain Personal Data collected through the Platforms we process for as long as needed.
I. What Are Cookies
Cookies are pieces of data sent to your browser when you visit a website and stored on your computer’s hard drive. Cookies may store user preferences and other information. For example, cookies can store your session information for easy log-in to a website or platform, or your language or user interface customization preferences or may allow websites to record your browsing activities (for example, number of page views, number of visitors, and time spent on each page).
We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for a set period or until you delete it.
We classify cookies in the following categories:
a. Strictly Necessary
These cookies allow to link the actions of a user during a browser session to allow navigation around web pages, access to secure areas of the Websites or Platforms and help make the services available through our Websites and Platforms work. Without these cookies, basic functions of the Website would not work.
You can block or delete these cookies by changing the browser settings as explained below.
These cookies allow us to recognize and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way our Website works, for example by making sure visitors are finding what they need easily. The information collected through these cookies include anonymous traffic statistics, like number of page views, number of visitors, and time spent on each page.
You can block or delete these cookies by changing the browser settings as explained below.
You can also prevent your data from being collected by Google Analytics on the Website by downloading and installing the Google Analytics Opt-out Browser Add-on for your current web browser at the following link: https://tools.google.com/dlpage/gaoptout
In their use of our services, platform providers may enable various integrations which may set additional cookies. These cookies are set and controlled by providers for various purposes such as website usage tracking and analytics and enabling social media features. FREIGHTERA does not control the placement of such cookies. Use of these cookies is governed by providers own privacy and cookie policies.
III. Other Technologies
FREIGHTERA may use a tracking technique that employs embedded URLs to allow use of the Website without cookies. Embedded URLs allow limited information to follow you as you navigate the Websites but are not associated with Personal Data and are not used beyond the session.
FREIGHTERA and its service providers may use embedded pixel technologies (or pixel tags) for the purposes of identifying unique user visits (as opposed to aggregate hits) and for advertising purposes. In addition, embedded pixels or other technologies may be used in e-mails to provide information on when the e-mail was opened to track marketing campaign responsiveness; information collected using these technologies may be associated with the recipient's e-mail address.
IV. Your Choices
On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
Please note that if you reject cookies or disable cookies, your use of certain features or functions on our Website may be limited.
To find out more about cookies and similar technologies, including how to see what cookies and similar technologies have been set and how to manage and delete them, visit www.allaboutcookies.org and/or or the Network Advertising Initiative’s online resources, at www.networkadvertising.org, and follow the opt-out instructions there. If you access the Websites on your mobile device, you may not be able to control tracking technologies through the settings.
Inapplicability of Privacy Policies of Any Linked Websites or Other Third Parties:
The Website and Apps are not intended for use by or targeted at children under 13, and we do not knowingly or intentionally collect information about children under 13. Children under 13 should not use the Website or Apps.
Conditions of Use
Last updated May 2018