Terms & Conditions - Backload It

Carriers Agreement

By using Backload.it’s Website or App you, "the courier", agree to be bound by the terms of this Agreement with Backloadit Pty Ltd, ACN 654 132 162

1.Definitions and Interpretation

1.1. In this Agreement the following terms have the following meanings:

“Customer ID” means the unique Customer name and account recorded on the Site or System for the Carrier and which:
(a)the Carrier may access and use the Site and System; and
(b)other Customers can identify the Carrier on the Site and System.

“Affiliate” means a party who is referrer of internet traffic or loads who is governed by the Backload.it Affiliate Terms and Conditions.

“Agreement” means this document and any other documents included specifically by reference.

"Refund" is a reversal of a charge on a credit card or debit card.

"Transaction Fee" is the Fee the Customer pays to Backload.it to accept a Quote and secure the services of a Carrier who has placed a quote to transport the Customers freight.

"Load" means the provision of freight/transport services by a Carrier (including the Carrier) to a customer that arises out of a Load Request.

"Load Request" means a request made by the Customer using the System seeking offers for the provision of freight/transport services from Carriers (including but not limited to the Carrier).

"Carriers" as the context requires means you and or any other person or entity being a transport services Carrier who is registered with Backload.it in accordance with this Agreement and who may submit a Quote in respect of a Load Request.

"Admin Fee" is the fee that is charged to the Carrier when they have successfully been matched with a customer for the provision of freight/transport services.

"Carrier Services" means the freight (and any other) services that the Carrier offers and/or provides to one or more Customers.

“Carrier Terms” means the terms and conditions of the Carrier which govern delivery of the Carrier Services.

"Site" means the website operated by Backloadit at www.Backload.it

"System" means the system operated by Backload.it as described in this Agreement, and as developed by Backload.it from time to time.

“Backload.it” has the meaning provided above.

"Customer" means a Customer of the Site or System who is party to the Customer Agreement.

1.2. This Agreement as available on the Site from time to time is to be read in conjunction with the Customer Agreement that is contemporaneously available on the Site from time to time. Carrier acknowledges the terms and conditions imposed by the Customer Agreement and the effects that it has or may have on the Carrier’s rights under this Agreement.

1.3. Interpretation
(a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(b) The singular includes the plural and vice-versa.
(c) A reference to a person includes any corporation or body corporate.
(d) A reference to a party to this Agreement includes its parent, subsidiaries, other related entities, affiliates, officers, directors, agents and employees (if any);

2. Registration

2.1. The Carrier's registration for an Customer ID and participation in the System are subject to Backload.it's acceptance of the carrier's application for registration as a Carrier. Carrier agrees to supply any documentation reasonably required by Backload.it to verify Carrier's qualifications and ability to supply the Carrier Services.

2.2. The System is available only to natural persons aged 18 years old and over; and legal entities, which are not Affiliates. The Carrier represents and warrants that he/she is 18 years old or over. If the Carrier is a company or other legal entity, the person purporting to represent the Carrier represents and warrants that they have authority to bind the entity to this Agreement.

2.3. Without limiting any other right or obligation of the parties, the Carrier must immediately notify Backloadit of any change in circumstances or any other fact or matter that would or might be a basis for disqualifying the Carrier as a Carrier.

2.4. Upon registration, the Carrier is required to create a unique Customer ID and password to use and access the Site and System. The Carrier agrees that Backloadit shall be entitled to assume that any person using the Site with the Carrier's Customer ID and/or password is the Carrier or the Carrier’s authorized representative. carrier is liable for all actions taken by

the Carrier’s authorized representatives in relation to their use of the Site and the System. Registration, and hence entitlement to operate as a Carrier, is personal to each Carrier and cannot be assigned or transferred.

2.5. Information required by the Site and System for registering with Backload.it will be used by Backloadit in accordance with Backload.it’s Privacy Policy which is available on the Site, or by clicking the following link: https://backload.it/privacy-policy.htm

2.6. Carrier’s access to Backload.it is conditional on Carrier agreeing that Backload.it may log the carrier’s IP Address for security purposes.

3. How the System Works

3.1. The System operates as both a finder and facilitator seeking to match the needs of Customers with Carrier’s. The System and Site acts as a forum for Customers and Carrier’s to request and provide a Quote respectively and agree on prices and other terms and to enter into an agreement regarding the provision of freight services by the Carrier for each Load. The Carrier acknowledges and agrees that Backloadit is directly involved in the transactions between Customers and Carriers. Such transactions and arrangements with any Customer will be subject to the Carrier Terms and are not governed by the terms and conditions of this Agreement.

3.2. The Carrier must comply with the “Carrier Rules”.

3.3. As a condition of using the Site or System, the Carrier must do at least one of the following:
(a) publish a copy of the Carrier Terms on their Customer ID profile so that Customers may review the Carrier Terms prior to accepting a quote; or
(b) deliver each Customer a copy of, or link to, the Carrier Terms with each Quote.

4. Fees

4.1. A Load is secured once the Customer accepts the Carrier's Quote and pays the Transaction Fee into an account held by Backloadit.

4.2. Backloadit will charge the Admin Fee to the Carrier for each Load for which the Carrier provides a successful Quote. Backloadit will deduct the Admin Fee from the Transaction Fee being held in Backload.it’s account for any such successful Quote.

4.3. Backload.it’s Admin Fee is based upon a tiered percentage of the accepted Transport Carrier's quote. The Admin Fee is dynamically calculated at the time of placing a quote and differs for some categories and payment types.

4.4. Carrier Quote amounts must be in Australian Dollars (AUD) and inclusive of GST and the Admin Fee. No GST or Admin Fee amount may be charged on top of your Quote price once your Quote has been accepted by the Customer.

4.5. Backloadit may change the types and amounts of any fees it charges, the way it calculates fees at any time, and such changes may be for a limited time or on a permanent basis. Changes which are for a limited period will be announced and described on the Site, and any permanent changes will be announced on the Site and included in this Agreement in accordance with clause 17.6.

5. Payment and Payment Methods

5.1. Adding a Payout Method: To receive a Payout via Backloadit you must have a valid Payout Method linked to your Backloadit account. When you add a Payout Method to your Backloadit account, you may be asked to provide billing information such as name, government identification, tax ID, billing address, and financial institution information either to Backloadit or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. You authorize Backloadit to collect and store your billing information and financial instrument information. Backloadit may also share your information with governmental authorities as required by applicable law.

5.2. Payment Processing Errors: Backloadit will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Backloadit or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.

5.3. To the extent you receive any funds in error, you agree to immediately return such funds to Backloadit.

6. Cancellation and Refunds

6.1. If a Carrier wishes to cancel a Load or cannot complete a Load as the case may be, they must submit a Cancellation Request on the Backloadit platform.

6.2. Backloadit will only review Cancellation Requests which have been completed in full. A Cancellation Request will be deemed to have been completed in full where all parties to the Load have responded to the request and supplied relevant information. If one or more parties fail to respond to a Cancellation Request after a reasonable given timeframe, the Cancellation Request may also be deemed as completed and unable to be reviewed.

6.3. Upon review, if Backloadit can substantiate the information in a Cancellation Request from a Customer and if Backloadit is reasonably satisfied that the monies paid should be returned to the Customer then the monies paid will be refunded to the Customer.

6.4. Cancellation of a Load will be attributable to the Carrier where:
(a) the Customer and the Carrier mutually agree to cancel the Load; or
(b) following reasonable but unsuccessful attempts by a customer to contact a Carrier to perform the Load, the Load is cancelled by the Customer. The Admin Fee will be NON Refundable.

6.5. A Cancellation of a Load will be attributable to a customer where:
(a) the Customer cancels the Load (other than in accordance with clause 6.4(b))

6.6. Carriers waive any right to make a claim against Backloadit for money or monies worth that relates to the Customer’s or the Carrier’s obligations or rights to complete a Load, as it is the Carriers sole responsibility to determine such rights in the Carrier’s Terms.

7. Payment Facility

7.1. When placing a quote with the Payment Terms ‘Backloadit’ Payment, we use a payment service Carrier Stripe Pty Ltd to collect your funds.

7.2. We have arranged for Stripe Pty Ltd to collect your funds due to you from the selling of your goods and services via our marketplace. By using our marketplace and accepting the funds collected on your behalf by Stripe, you agree to the terms of the End Customer Agreement with Stripe. A copy of the End Customer Agreement can be obtained.

8. Disclaimer and Acknowledgements

8.1. Backloadit provides the introductions to Customers through the Site and System on an 'as is' basis and without any warranty, express, or implied as to the reliability, trustworthiness, creditworthiness or other attribute or characteristic of any Customer or Carrier. To the maximum extent permitted by law, Backloadit excludes any representation or warranty concerning Customers, other Carriers, the System, the Site, or any third-party website referred to via the Site.

8.2. Backloadit provides the Site and System on an ‘as is’ basis and without any warranty express or implied as to merchantability or fitness for any particular purpose. To the extent that any statute implies a warranty into this Agreement, any such warranty is to be limited to the maximum extent permitted by law.

8.3. Backloadit endeavors to ensure that the Site is always accessible. However, it shall not be liable if it is unavailable at any time or for any period. The Carrier agrees and acknowledges that the Site may experience interruptions and access difficulties from time to time and that Backloadit will not be liable for any inconvenience, loss, consequential loss, damages, or any type of special damages which relate to such interruptions or access difficulties.

8.4. Without limiting the foregoing, the Carrier acknowledges that:
(a) Backloadit does not check the truth or currency of the material or information that Carriers or Customers provide or make available through the Site or System.
(b) Backloadit does not warrant to the Carrier that anything on the Site or any third-party Site referred to or connected via the Site or System is or will be accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;
(c) Backloadit does not offer or provide professional advice to Customers on the fitness for purpose of any goods, services or information supplied by any third parties including the Carrier;
(d) the Carrier shall be responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);
(e) Backloadit does not warrant to the Carrier that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete, or accurate; and
(f) to the maximum extent permitted by law, Backloadit shall not be liable for any loss or damage whether directly or indirectly incurred by the Carrier or any third person because of any act or omission of any Customer or any failure or delay in Backloadit doing anything, including, but not limited to transmitting any information between Customers and Carriers or removing any information from the Site or any Customer from the System

8.5. The Carrier agrees that to the maximum extent permissible by law Backloadit and all affiliates and related entities of Backloadit shall have no responsibility for the actions of Customers and other Carriers.

9. Feedback feature of Site

9.1. The Carrier acknowledges and agrees that Backloadit operates a Customer feedback system, on which Customers may post comments, compliments, criticisms and other observations regarding Carriers on the Site. Submission of the Carriers Customer ID to this forum is a condition of the Carrier's registration. While Customers are required to only post such comments that are honest, fair, and reasonable and which can be substantiated, Backloadit does not guarantee that all comments will comply with this requirement.

9.2. Carriers are entitled to reply to any customer complaints left on their publicly available feedback profile. Any responses that breach Backload.it’s website rules may also result in suspension, termination or additional penalties on the Carrier’s account without notice.

9.3. The Carrier acknowledges and agrees that any information or material submitted by it to the Site for inclusion in the feedback system (whether by Customers or the Carrier) is and will be treated by Backloadit as non-confidential and non-proprietary and Backloadit may use such material without restriction.

9.4. If and to extent that the Carrier makes any comment on the Site, Carrier must not post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise objectionable (to a person acting reasonably).

9.5. The Carrier agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other Customers of the Site.

9.6. The Carrier agrees not to impersonate any other person when posting material to the Site.

9.7. The Carrier acknowledges that any material it posts to the Site may be removed or modified by Backloadit from the Site without notice at any time.

9.8. Backloadit does not warrant to the Carrier that it or Customers will respond to questions or comments submitted to the Site by Customers, or the Carrier,

9.9. Without limiting any of Backload.it’s rights under this Agreement, Backloadit may in its discretion terminate or restrict the Carrier's registration and ability to use the System and Site as a Carrier, if the Carrier is (in the opinion of Backloadit) the subject of consistent, frequent or otherwise substantially negative feedback.

10. Carrier Warranties

10.1. The Carrier agrees and warrants to Backloadit that:
(a) it is under no legal or other impediment that may prevent it fully carrying out its obligations under this Agreement;
(b) it will be in all respects able to fulfil completely any Load in respect of which it Quotes;
(c) and any personnel it engages are and will at all times remain qualified to offer and perform the Carrier Services;
(d) all personnel engaged by Carrier will exercise a high degree of skill, care and professionalism in providing the Carrier services to each Customer;
(e) has all insurance required of, or desirable for, a service Carrier in the Carrier's position and area of practice;
(f) will ensure that all information (including but not limited to that set out in any application for registration as a Carrier) including information relating to the Carrier's qualifications and capacity is true and correct in every respect and will be updated by the Carrier if and when it materially changes during the period of the Carrier's use of the System;
(g) will comply with its obligations towards Customers as set out in the Carrier's Terms;
(h) will not use the Site or System for illegal purposes, including without limitation, by posting to the Site information encouraging conduct that would constitute a criminal offence;
(i) will not use any feature of the Site to send unsolicited commercial emails to any other Customers of the Site or System, whether individually or as a group;
(j) will not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without Backload.it’s prior written consent;
(k) will not use anything on the Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with Backloadit;
(l) will not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
(m) will not take any action that imposes an unreasonable or disproportionately large load on Backload.it’s infrastructure;
(n) will not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Backloadit or do anything that compromises the security of the Site;
(o) will not use the Site to engage in misleading or deceptive on-line marketing practices;
(p) will not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;
(q) will provide Backloadit with complete and accurate contact details when using the System enabling Customers to contact the Carrier (and vice-versa) as requested;
(r) will not use the Site or System in relation to facilitate the actual or proposed transportation of any illegal or prohibited goods;
(s) will comply with all laws and regulations regarding the provision of the Carrier Services as well as all laws and regulations relating to privacy; and
(t) will not use the Site or System to procure the handling or the transportation of goods in respect of which the Carrier knows, suspects or ought to know or suspect the Customer has no title or other right.

11. Backload.it’s Reservation of Rights

11.1. Backloadit reserves the right to:
(a) remove or refuse to post or relay any information and/or materials (in whole or in part) that it, in its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law or this Agreement without notice to the Carrier; and
(b) modify or discontinue any services that Backloadit offers at any time.

12. Intellectual Property/Use of Material on Site

12.1. All intellectual property rights in information, data and materials used or appearing on the Site including (without limitation) all software, tools, know-how, processes, trade marks, logos and other materials shall remain the sole and exclusive property of Backloadit or its licensors. The Carrier acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Backload.it’s intellectual property rights.

12.2. To the extent that the Carrier submits any information or material to Backloadit relating to a Load Request or for otherwise posting on the Site, the Carrier automatically grants Backloadit a license to use the information or material for the purpose for which it is provided.

12.3. The Carrier agrees that access to the Site, and any material or information contained in it, is granted by Backloadit on the condition that such access is for Carrier’s own use only and such access may not be sold, used or redistributed for any other purpose.

12.4. The Carrier may not use screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of reproducing information contained on this Site on or through any other medium, except with Backload.it’s prior written consent.

13. Limitation of Liability

13.1. To the maximum extent permitted by law Backloadit excludes all liability to the Carrier or any other person for any loss, claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be direct, consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data, or loss of, or damage to, reputation or goodwill) arising out of or in connection with any:
(a) acts or omissions of any Customer, Carriers generally or the Carrier specifically, including where the same results in a loss of or damage to goods;
(b) use of the Site or the System or information on or provided through the Site or the System or any information or advice otherwise provided by or through Backloadit or a Customer, even if Backloadit has been advised of the possibility of such loss or damage; or
(c) removal or termination of the Carrier's access to the System and Site.

(c) To the maximum extent permitted by law, Backloadit and all affiliates and related entities of Backloadit expressly limit their liability to the Carrier for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Backload.it’s sole discretion):
(a) the re-supply of the services provided by Backloadit; or
(b) the payment of the cost of having those services supplied again.

14. Indemnity

14.1. Carrier indemnifies and holds Backloadit harmless from and against any claims, demands, proceedings, losses and damages (including direct, indirect or special) made by any Customer or third party arising out of or in relation to the Carrier's use of the Site or the System, the Carrier's breach of this Agreement, or the Carrier's violation of any law or the rights of a third party.

15. Cancellation – Breach – Suspension - Termination

15.1. The Carrier may cancel its registration as a Carrier upon notice to Backloadit. Such cancellation shall not entitle the Carrier to cancel or vary any agreement already in place to provide Carrier Services to any Customer.

15.2. Without limiting other remedies available to Backloadit at law, in equity or under this Agreement, Backloadit may immediately issue a warning, temporarily suspend or indefinitely suspend the Carrier's access to the System and refuse to provide services to the Carrier if:
(a) Backloadit, acting reasonably, believes that the Carrier has breached any terms of this Agreement;
(b) Backloadit is unable to verify or authenticate any information the Carrier provides to it; and/or (c) Backloadit, acting reasonably believes that the Carrier's actions may cause damage and/or legal liability for Backloadit, other Carriers or other Customers.

15.3. Backloadit may terminate this Agreement with immediate effect if:
(a) the Carrier breaches any term of this Agreement, and such breach is not rectified within seven (7) days of the Carrier being notified by Backloadit in writing or immediately if such breach is not capable of remedy; or
(b) the Carrier becomes subject to any kind of insolvency event.

16. No Agency

16.1. The Carrier acknowledges and agrees that Backloadit is not the Carrier's nor any Customer's agent.

17. Force Majeure

17.1. Backloadit will not be liable for any failure or delay in the performance of its obligations to the Carrier if that failure or delay is due to circumstances beyond Backload.it’s reasonable control including, without limitation, any act of God or other cause including any mechanical, electronic, communications or third party supplier failure

18. Website Links

18.1. Backload.it’s Site may: provide links and pointers to websites maintained by third parties; or serve information from third party websites, which are not under the control of Backloadit. Backloadit is not responsible for the contents of any third party information, any linked website, or any website link contained in any linked website.

18.2. Backloadit will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any third party information or third party service provided by or through the Site or any linked websites whether linked to or from Backload.it’s Site.

19. General

19.1. Governing Law This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. The Carrier irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and to the Federal Court of Australia sitting in New South Wales.

19.2. Severability The provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed and the remaining provisions shall be enforced.

19.3. No Waiver Backload.it’s failure to take action with respect to a breach by the Carrier does not waive Backload.it’s right to act with respect to subsequent or similar breaches.

19.4. Entire Agreement This Agreement and those policies incorporated by reference herein set out the entire understanding and agreement between the parties with respect to the subject matter hereof.

19.5. Survival Those clauses capable of surviving termination of this Agreement shall do so.

19.6. Variation Backloadit may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms on the Site.

20. Refunds

20.1. Under the Backloadit Payment method, if Backloadit receives notice of a Refund and are required to refund or reverse all or part of any payment to a customer, an account holder or their bank or such a refund is debited from our account then:

20.2. Backloadit will be discharged from any obligation to remit the admin fee to the Carrier.

20.3. The Carrier is liable for $30 being an extra charge levied on Backloadit by the bank for the Refund amount (Extra Amount).

20.4. Agree that in any event that the Carriers bank account or credit card is not capable of being debited for the Refund for any reason, Backloadit will invoice the Carrier for the Refund amount which the Carrier must pay within 7 days of receipt.

21. ABN and Invoicing

21.1. Transport Carriers must supply the correct information in regards to their business, ABN, and GST registration status.

21.2. Carriers consent for Backloadit, to issue tax compliant invoices on behalf of their business for services provided by their business in response to Loads generated through Backloadit.

21.3. Carriers understand and accept that Backloadit accepts no liability for incorrect information provided by them, including but not limited to information in relation to their ABN or to their GST registration status.

22. App Location Tracking Permissions

22.1. Carriers must accept and enable Backload.it’s APP Location Tracking service.

22.2. Carriers must accept the Location Service running in the background of the APP.

Customer Agreement

Backloadit Terms and Conditions - Customer Agreement By using the System and/or the Site you, the “Customer”, agree to be bound by the terms of this Agreement with Backloadit Pty Ltd ACN 654 132 162 trading as Backload.it

1. Definitions and Interpretations

1.1. In this Agreement the following terms have the following meanings:

“Customer ID” means the unique Customer name and account recorded on the Site or System for the Customer and which:
(a) the Customer may access and use the Site and System; and
(b) other Customers can identify the Customer on the Site and System.

“Affiliate” means a party who is referrer of internet traffic or Loads, as the case may be.

“Agreement” means this document and any other documents included specifically by reference.

"Transaction Fee" is the deposit the Customer pays to accept a Quote and secure the services of a Carrier who has placed a bid/quote to transport the Customers freight.

"Load" means the provision of freight/transport services by a Carrier to a Customer that arises out of a Load Request;

"Load Request" means a request made by the Customer using the System seeking offers for the provision of freight/transport services from Carriers;

"Carrier" means any person or entity being a transport services Carrier who submits or may submit a Quote offer in respect of a Load Request;

"Carrier Services" means the freight (and any other) services that a Carrier offers and/or supplies to one or more Customers.

“Carrier Terms” means the terms and conditions of the Carrier which govern delivery of the Carrier Services.

“Refund” means a refund provided, or that may be provided, on the terms of this Agreement.

"Refund Request" means a request to cancel a Load after the Customer has accepted a Carrier Quote and after the Customer has paid the Transaction Fee to secure the Carriers services.

“Admin Fee” is the fee that is charged to the Carrier when they have successfully been matched with a customer for the provision of freight/transport services.

"Site" means the website operated by Backloadit at www.Backload.it;

"System" means the system operated by Backloadit as described in this Agreement, and as developed by Backloadit from time to time; and "Customer" is the party to this Agreement with Backloadit , where such Agreement is entered into through use of the Site and System as outlined above.

1.2. Interpretation
(a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(b) The singular includes the plural and vice-versa.
(c) A reference to a person includes any corporation or body corporate.
(d) A reference to a party to this Agreement includes its parent, subsidiaries, other related entities, affiliates, officers, directors, agents and employees (if any);

2. Customer Eligibility

2.1. The System is available only to: persons aged 18 years old and over; and legal entities, which are not Affiliates. Customer represents and warrants that he/she is 18 years old or over. If Customer is a company or other legal entity, the person purporting to represent the Customer represents and warrants that they have authority to bind the entity to this Agreement

2.2. Information required by the Site and System for registering with Backloadit will be used by Backloadit in accordance with Backload.it’s Privacy Policy which is available on the Site, or by clicking the following link: https://backload.it/privacy-policy.htm

2.3. Customer agrees to only submit true and accurate registration and Customer ID information to the Site or System as the case may be.

2.4. Customer agrees that registration and Customer ID information will be kept up to date from time to time during the period that the Customer maintains a Customer ID on the Site, and that this forms a condition of the Customer’s eligibility to use the Site or System.

2.5. Customer’s access to Backloadit is conditional on Customer agreeing that Backloadit may log the Customer’s IP Address for security purposes.

3. How the System Works

3.2. The Customer acknowledges that Backloadit will not (absent special circumstances) reveal the identity and details of any Carrier to a Customer prior to the time of entry of an agreement with a Carrier for a Load, such identity to be revealed only upon the entry of an agreement with that Carrier for a Load, and payment for the agreed amount for the load is made.

3.3. The Customer must act in accordance with the “Customer Rules”.

4. Fees

4.1. To accept a quote, the Customer must pay: The Quoted Amount,

4.2. The Transaction Fee is the total Quote in accordance with and subject to the Carrier's Terms. Please note that such payments are to be transacted using Backloadit Payment services, then the Transaction Fee will be automatically deducted from a credit card or bank account.

5. Payment and Payment Methods

5.1. Adding a Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Backloadit account so it can be used for a future transaction. You can remove the Payment Method from your Backloadit account as long as it is not associated with an active or future transaction.

5.2. When you add a Payment Method to your Backloadit account, you may be asked to provide billing information such as name, billing address, and financial information either to Backloadit or its third-party payment processor(s). You authorize Backloadit and its payment service Carriers to collect and store your Payment Method information.

5.3. Payment Authorization. You allow Backloadit to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Backloadit account.

5.4. Backloadit will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Backloadit or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.

5.5. To the extent you receive any funds in error, you agree to immediately return such funds to Backloadit

6. Cancellations and Refunds

6.1. If a Customer wishes to cancel a Load, or cannot complete a Load as the case may be, they must submit a Cancellation Request on the Backloadit platform.

6.4. Cancellation of a Load will be attributable to the Carrier where:
(a) the Customer and the Carrier mutually agree to cancel the Load; or
(b) following reasonable but unsuccessful attempts by a Customer to contact a Carrier to perform the Load, the Load is cancelled by the Customer; or (c) the Carrier cancels the Load

6.5. A Cancellation of a Load will be attributable to a Customer where: (a) the Customer cancels the Load (other than in accordance with clause 6.4(b)

7. Disclaimer and Acknowledgements

7.1. Backloadit provides the introductions to Customers through the Site and System on an 'as is' basis and without any warranty, express, or implied as to the reliability, trustworthiness, creditworthiness or other attribute or characteristic of any Customer or Carrier. To the maximum extent permitted by law, Backloadit excludes any representation or warranty concerning Customers, other Carriers, the System, the Site or any third party website referred to via the Site or System.

7.2. Backloadit provides the Site and System on an ‘as is’ basis and without any warranty express or implied as to merchantability or fitness for any particular purpose. To the extent that any statute implies a warranty into this Agreement, any such warranty is to be limited to the maximum extent permitted by law.

7.3. Backloadit endeavors to ensure that the Site is accessible at all times. However, it shall not be liable if it is unavailable at any time or for any period. The Customer agrees and acknowledges that the Site may experience interruptions and access difficulties from time to time and that Backloadit will not be liable for any inconvenience, loss, consequential loss, damages, or any type of special damages which relate to such interruptions or access difficulties.

7.4. Without limiting the foregoing, the Customer acknowledges that:
(a) Backloadit does not check the truth or currency of the material or information that Carriers or Customers provide or make available through the Site or System;
(b) Backloadit does not warrant to the Carrier that anything on the Site or any third-party Site referred to or connected via the Site or System is or will be accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;
(c) Backloadit does not offer or provide professional advice to Customers on the fitness for purpose of any goods, services or information supplied by any third parties including the Carrier;
(d) Backloadit does not warrant to the Carrier that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate; and
(e) to the extent permitted by law, Backloadit shall not be liable for any loss or damage whether directly or indirectly incurred by the Carrier or any third person as a result of any act or omission of any Customer or any failure or delay in Backloadit doing any thing, including, but not limited to transmitting any information between Customers and Carriers or removing any information from the Site or any Customer from the System.

7.5. The Customer agrees that to the maximum extent permissible by law Backloadit and all affiliates and related entities of Backloadit shall have no responsibility for the actions of Customers and other Carriers.

8. Feedback Feature

8.1. The Customer acknowledges and agrees that Customer may only use the Customer feedback system to post comments, compliments, criticisms and other observations regarding Carriers on the Site that are honest, fair and reasonable and which can be substantiated.

8.2. The Customer acknowledges and agrees that any information or material submitted by it to the Site for inclusion in the feedback system is, and will be treated by Backloadit as, non confidential and non-proprietary and Backloadit may use such material without restriction.

8.3. The Customer must not post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise reasonably objectionable.

8.4. The Customer agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other Customers of the Site.

8.5. The Customer agrees not to impersonate any other person when posting material to the Site.

8.6. The Customer acknowledges that any material it posts to the Site may be removed or modified by Backloadit from the Site without notice at any time.

8.7. Backloadit does not warrant to the Customer that it or Carriers will respond to questions or comments submitted by Customer to the Site.

9. Customer Warranties

9.1. The Customer agrees and warrants to Backloadit that it will:
(a) not use the Site or System for illegal purposes, including without limitation, by posting to the Site information encouraging conduct that would constitute a criminal offence;
(b) not use any feature of the Site to send unsolicited commercial emails to any other Customers of the Site or System, whether individually or as a group;
(c) not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without Backload.it’s prior written consent;
(d) not use anything on this Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with Backloadit;
(e) not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
(f) not take any action that imposes an unreasonable or disproportionately large load on Backload.it’s infrastructure;
(g) not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Backloadit or do anything that compromises the security of the Site;
(h) not use the Site to engage in misleading or deceptive on-line marketing practices;
(i) not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;
(j) provide Backloadit with complete and accurate contact details when using the System enabling Carriers to contact Customer as requested;
(k) complete and pay for any transaction agreed with a Carrier using the Site and the System;
(l) not use the Site or System in relation to the actual or proposed transportation of any illegal or prohibited goods; and
(m) not use the Site or System to procure the handling of or the transportation of goods in respect of which Customer has no title or other right.

10. Backload.it’s Reservation of Rights

10.1. Backloadit reserves the right to:
(a) remove or refuse to post any information and/or materials (in whole or in part) that it, in its sole and absolute discretion, regards in any way objectionable or in violation of any applicable law or of this Agreement without notice to the Customer; and
(b) modify or discontinue any services Backloadit offers at any time.

11. Intellectual Property/Use of Material on Site

11.1. All intellectual property rights in information, data and materials used or appearing on the Site including (without limitation) all software, tools, know-how, processes, trade marks, logos and other materials shall remain the sole and exclusive property of Backloadit or its licensors. The Customer acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Backload.it’s intellectual property rights.

11.2. To the extent that Customer submits any information or material to Backloadit relating to a Load Request or for otherwise posting on the Site, the Customer automatically grants Backloadit a license to use the information or material for the purpose for which it is provided.

11.3. The Customer agrees that access to the Site, and any material or information contained in it, is granted by Backloadit on the condition that such access if for the Customer’s personal use only and may not be sold, used or redistributed for any other purpose.

11.4. The Customer may not use screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of reproducing information contained on this Site on or through any other medium, except with Backload.it’s prior written consent.

12. Limitation of Liability

12.1. To the maximum extent permitted by law Backloadit excludes all liability to the Customer or any other person for any loss claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data, or loss of or damages to reputation or goodwill) arising out of or in connection with:
(a) any acts or omissions of any Customers, the Customer, or a Carrier including where the same results in a loss of or damage to goods;
(b) any use of the Site or the System or information on or provided through the Site or the System or any information or advice otherwise provided by or through Backloadit or a Carrier, even if Backloadit has been advised of the possibility of such loss or damage; or (c) the removal or termination of the Customer's access to the System and Site.

12.2. To the maximum extent permitted by law, Backloadit expressly limit its liability to the Customer for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Backload.it’s sole discretion): (a) the re-supply of the services provided by Backloadit; or (b) the payment of the cost of having those services supplied again.

13. Indemnity

13.1. Customer indemnifies and holds Backloadit harmless from and against any claims, demands, proceedings, losses and damages (including direct, indirect and special) made by any other Customer, third party or a Carrier arising out of or in relation to the Customer's use of the Site or the System, or its breach of this Agreement, or the Customer's violation of any law or the rights of a third party.

14. Customer IDs – Breach – Suspension - Termination

14.1. Without limiting other remedies available to Backloadit at law, in equity or under this Agreement, Backloadit may immediately issue a warning or temporarily or indefinitely suspend the Customer's access to the System and refuse to provide services to the Customer if:
(a) Backloadit, acting reasonably, believes that the Customer has breached any terms of this Agreement;
(b) Backloadit is unable to verify or authenticate any information that the Customer provides to it; and/or
(c) Backloadit acting reasonably, believes that the Customer's actions may cause damage and/or legal liability for Backloadit, Carrier or other Customers.

14.2. Backloadit may terminate this Agreement with immediate effect if: (a) the Customer breaches any term of this Agreement and such breach is not rectified within seven (7) days of the Customer being notified by Backloadit accordingly in writing or immediately if such breach is not capable of remedy; or (b) the Customer becomes subject to any kind of insolvency event.

15. No Agency

15.1. The Customer acknowledges and agrees that neither Backloadit nor the Carrier is the Customer's agent. The Customer is free to accept or reject its appointment of a Carrier at its sole discretion.

16. Circumstances beyond Backload.it’s control

16.1. Backloadit will not be liable for any failure or delay in the performance of its obligations to the Customer if that failure or delay is due to circumstances beyond Backload.it’s reasonable control including, without limitation, any act of God or other cause including any mechanical, electronic, communications or third party supplier failure.

17. General

17.1. Interpretation
(a) Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
(b) The singular includes the plural and vice-versa.
(c) A reference to a person includes any corporation or body corporate.

17.2. Governing Law This Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia. The Customer irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and to the Federal Court of Australia sitting in New South Wales.

17.3. Severability The provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid or unenforceable, under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

17.4. No Waiver Backload.it’s failure to take action with respect to a breach by the Customer does not waive Backload.it’s right to act with respect to subsequent or similar breaches.

17.5. Entire Agreement This Agreement and those policies incorporated by reference herein set out the entire understanding and agreement between the parties with respect to the subject matter hereof.

17.6. Survival Those clauses capable of surviving termination of this Agreement shall do so.

17.7. Variation Backloadit may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms on the Site.

INSURANCE

If you purchase insurance, (through a third party NTI or equal to) the information you provide during the Online Quote and Purchase, will form part of your application for insurance with the insurer.

WEBSITE RULES

CARRIER RULES

Carriers must:

1.1 honor a transaction contract formed with a Customer;

1.2 provide the services for which payment was accepted; and

1.3 include all taxes, including GST, and fees payable by the Customer for the transport services in any Bid Quote, excluding any import or export duty payable on the goods transported.

Carriers must not:

2.1 bid against their own Bid, or have associates, or employees do so;

2.2 significantly misrepresent their services by not meeting the terms and services description outlined in the Bid;

2.3 refuse to accept payment for a service if their Bid is accepted; or

2.4 attempt to contact Buyers directly or make their business identity or contact information available to Customers by the use of photographs, images, text or logos

CUSTOMER RULES

Customers must not:

3.1 Submit their own bids to decrease Bids made by Carriers. Customers bidding for the provision of services must be wholly independent from the Buyer of those services.

3.2 Neither Customers nor Carriers may interfere with a transaction or offer to buy or supply transport in response to a Customers Listing outside of the Site.

Violation Reporting System

4.1 The Site is policed by the visitors to it through a flagging system. The flagging system is used to ensure that insofar as possible the Site complies with the Rules. Visitors are able to 'flag' aspects of the Site that do not comply with the Rules. White flags are located in areas that can be reported. These include: messages and the quote terms section. To flag any part of the text you may click on the white flag following the text in question and the text will disappear for review by an administrator. The administrator will review the text and either moderate the text or remove it permanently. We reserve the right to suspend the Membership of any Member who has violated the rules on more than one occasion.

It is a violation of Backload.it’s rules to post any of the following in a message or a quote:

Phone Numbers
Email Addresses
Company Names
Personal Names
Web Addresses
Fax Numbers
Twitter Account or Social Media Account