FR8.com.au User Agreement

This document describes the terms with which FR8.com.au offers you access to our services. This agreement describes the terms and conditions applicable to your use of our services available under the FR8.com.au.com domain. Once you accept the terms and conditions of this Agreement, you hereby agree and acknowledge that at anytime and in our sole discretion, we may effectively modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on the FR8.com.au website. All modified terms and conditions shall take effect immediately after posting to the FR8.com.au website. You agree and consent to any and all modified terms and conditions hereunder. This Agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our website at anytime and without notice and without any liability or responsibility to you. This agreement is effective on 27th February 2012 for all users.

  1. FR8.com.au is a Neutral Venue. FR8.com.au is not a Transportation Service Provider (TSP), freight forwarder or broker.

    Our site acts as a venue where shipping customers and TSPs can meet and enter into agreements. We are not involved in the actual transaction between shipping customers and TSPs. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. FR8.com.au does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance and registration. We and our website function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between shipping customers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of shipping customers to send items. We cannot ensure that a shipping customer or TSP will actually complete a shipment.

  2. Membership

    Our services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to minors or to temporarily or indefinitely suspended FR8.com.au members. You acknowledge that you are at least 18 years of age. Minors may only use this service in conjunction with their parents or guardians. Your FR8.com.au membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the website is for services only and that work that you provide will only involve services. You agree that you will not use your participation in the FR8.com.au website as a means to sell or market any types of goods or products, unless specifically allowed by FR8.com.au. You agree that you or the company that you represent will not use FR8.com.au as a means to transport any illegal products, substances or services under applicable law. Doing so will result in FR8.com.au reporting this activity to the relevant policing and other investigating and government authorities. FR8.com.au reserves the right to disclose all personal and company data to these authorities should they request this data under the applicable law.

  3. Other Terms and Conditions.

    You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the website at various places throughout the website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.

  4. Fees

    There are currently no fees to join FR8.com.au and no required listing fees for shipping customers. FR8.com.au’s payment processing provider may collect an Online Payment Transaction fee from shipping customers during payment when a quote is accepted. The amount for such an Online Payment Transaction, if charged, will be displayed for customers after they accept any quote and before payment. Transportation Service Providers (TSPs) are charged a transaction booking fee at a 7% of the total value of the accepted quote price. This amount is paid by shipping customer and the TSPs are obliged to collect only the outstanding 90% of the total value of the accepted quote price.

    Unless otherwise stated, all fee schedules are based in Australian Dollars (“AUD”). For quotes placed in a different currency, we will use the conversion rate on the quote date to calculate the booking fee. This fee is only charged if a TSP's quote is accepted by the shipping customer.

    TSPs can still accrue a monthly invoiceable balance by purchasing various other products and/or services in the marketplace, such as third party offerings and/or past due balances on their account. If in any billing period, we are not able to charge the TSP's credit card on file the full amount owed us, FR8.com.au reserves the right to charge the credit card for fees associated with specific matches or transactions that occurred on our site. Account credits resulting from prepaid deposits (see Section 5) will offset the fees due to FR8.com.au. FR8.com.au reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our website. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your username and password, including fees. We recommend that you not disclose your FR8.com.au password or any account sensitive information to any third parties.

  5. Deposits & Payments
  6. Authorization to Credit and Debit Accounts.

    You irrevocably and expressly authorize FR8.com.au to credit any monies to the account that you have identified for FR8.com.au. You agree that it is your responsibility to maintain a valid, non-expired credit card on file with us while engaging in activity on our website. You agree that if you do not maintain a valid, non-expired card on file with us during any billing attempt, you may be subject to interest and penalties as enumerated below. You irrevocably and expressly authorize FR8.com.au to withhold any monies and/or debit any monies from any account that you have identified to FR8.com.au for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to FR8.com.au. We reserve our rights to all actions and remedies in connection with any monies owed to FR8.com.au. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.

  7. Charge backs

    Unwarranted charge backs initiated by FR8.com.au members against FR8.com.au are prohibited and will result in the suspension of your FR8.com.au account, and may result in FR8.com.au pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a collections agency. In the event that shipping services were not performed, all members must aquotee by the FR8.com.au Cancellation Policy described in Section 9 of this agreement. The FR8.com.au Cancellation Process ensures the integrity of the feedback system and accuracy of any refund.

    If an unwarranted charge back of the shipping customer payment is initiated and accepted by the credit card processor or other entity, FR8.com.au reserves the right to charge the TSP for any costs associated with the charge back. This deposit represents a portion of the total match price and is credited to the TSP's FR8.com.au account to offset any match fees. If a charge back is accepted, the TSP becomes responsible for that invoice amount.

  8. Unpaid Fees

    If, for any reason, any fees have not been received or in any manner realized by FR8.com.au on matches that have been completed by you for the services and any additional services performed by you ("Unpaid Fees"), you agree to pay such Unpaid Fees immediately. If in any billing period, we are not able to collect Unpaid Fees from your account through Pending Payments or your payment method on file the full amount owed us we reserve the right to charge your payment method on file for fees associated with specific matches or transactions that occurred on our site. If in any billing period, we are not able to collect Unpaid Fees from your account through Pending Payments or your payment method on file the full amount owed us, FR8.com.au may charge your account a penalty of no more than $10 for every billing period that your account remains unpaid. In addition, FR8.com.au may charge interest, in the amount of 1.5% per month or fraction thereof, on any unpaid account balance that you maintain. Any partial payments made to members’ account balances will first be applied to the most recent fees owed us. If at any time after 30 days we cannot collect any fees owed to us, we may suspend or terminate your account or, at our discretion, put your account into the FR8.com.au Financial Probation Program, which allows you to continue to place quotes and win business in the FR8.com.au marketplace while being subjected to a higher match fee (currently 20.0%) that is paid directly to us by the Shipping Customer as a deposit prior to the Shipping Customer accepting a quote from You. This deposit reduces the money that you may collect from the Shipping Customer by the exact amount of the deposit paid by the Shipping Customer. If you subsequently pay off your entire balance owed to FR8.com.au, you may be removed from the FR8.com.au Financial Probation Program. FR8.com.au reserves the right to waive or change our fees, penalties, or interest at any time. FR8.com.au also reserves the right to prevent you from changing your transactional currency until you have paid all Unpaid Fees. You also agree to pay any legal fees, and other costs of collection incurred by us with respect to any Unpaid Fees. You also consent and authorize us to in our sole discretion make appropriate reports to 3rd party credit collection agencies, credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

  9. Match Cancellations and Account Credits

    A “Cancellation” occurs when either party has to cancel AFTER a quote was accepted on FR8.com.au but BEFORE any services are performed. After a quote is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on FR8.com.au will not be performed. When you request a cancellation, the other party will be notified and will have 72 hours to respond by either:

    • accepting the cancellation and your reason;
    • accepting the cancellation but providing their own reason and/or comments;
    • disputing the reason for cancellation and requesting review by FR8.com.au staff.

    If your Request for Cancellation is accepted by the other party, the match will be cancelled and the shipment can either be relisted or deleted. If your Request is disputed by the other member, then the Request will be sent to FR8.com.au and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 72 hour period, the cancellation and reason will be automatically accepted (Case a).

    The shipping customer deposit and/or the Auction Service Charge will be applied as a credit to the shipping customer's FR8.com.au account for all cancelled shipments booked using the Booking Deposit payment method. An automatic refund for the 90% accepted quote price and a credit equal to the Auction Service Fee plus 7% of the accepted quote price will be issued for all cancelled FR8.com.au Payments transactions. A refund can only be given if the FR8.com.au Payments payment code has not been released to the TSP. If the TSP has input the FR8.com.au Payments payment code, then the funds are no longer in FR8.com.au’s possession. The customer must first acquire a refund from the TSP before completing a cancellation on FR8.com.au.

  10. No Agency

    You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the FR8.com.au website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.

  11. Release

    Should you have a dispute with one or more FR8.com.au users, you release FR8.com.au, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

  12. Shipping.

    As a shipping customer, you are obligated to complete the transaction with the TSP if you accept the TSP's quote, unless the transaction is prohibited by law or by this Agreement. By accepting a TSP's quote, you agree to be bound by the conditions of the quote included in the quote details so long as those trip details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: (1) the TSP materially changes the quote details after your acceptance; (2) a typographical error is made; or (3) you cannot authenticate the TSP's identity or credentials (see “Match Cancellations and Account Credits” above for more details). The TSP reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. We recommend that you do not seal any package before inspection by the TSP. IMPORTANT: FR8.com.au does not screen or qualify TSPs for compliance with federal, state or local laws and regulations. It is recommended that you confirm such compliance directly with the TSP before services are rendered by the TSP.

  13. Prohibited and Restricted Items

    Prohibited Items: Hazardous or dangerous goods. These are items that may pose a danger to health, safety, or property while being transported (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods that cannot be shipped through the mail or commercial carrier are not allowed on FR8.com.au. The few hazardous materials that lawfully may be transported under certain conditions (if they are properly packaged and labelled) may be listed on FR8.com.au - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law and any occupational health and safety legislation. For details on particular hazardous substances and transportation requirements in Australia, please consult your local postal authority and/or regulatory agency. Restricted Items: Prohibited regulated or perishable goods. These are items considered restricted or perishable by Australian authorities which generally do not pose a danger to health, safety, or property while being transported, but their transport is regulated or banned for public policy reasons. Generally, restricted or perishable items that can lawfully be transported by mail or commercial carrier are permitted on FR8.com.au. Full responsibility rests with the sender to comply with all postal and non-postal laws and regulations that relate to the mailing of hazardous, restricted and perishable material. Anyone who sends, or causes to be sent, an improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment), including but not limited to those specified in Australian law.

  14. (U.S. Only) Household Goods Shipments.
  15. (U.S. Only) Non-household Goods Shipments.
  16. Transportation

    You must legally be able to transport the shipments you quote on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements. You must describe your offer and all terms of your services on the quote submittal form on our site. You acknowledge that the FR8.com.au website exists for members to make a fully informed decision about your quotes, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge "extra fees" (and we are made aware of this fact), FR8.com.au reserves the right to suspend or cancel your account at our sole discretion. Your quote may only include content relevant to the description of your transportation services. If you quote on any shipment and your quote is accepted by the shipping customer, you are obligated to perform the services offered in your quote at the accepted quote price. You authorize FR8.com.au to charge the FR8.com.au match fee to your credit card when the shipping customer accepts your quote (see Fees). We provide distance calculations and driving directions (or links to 3rd party driving directions) to TSPs as part of our service. We are not responsible for the accuracy of this information. We recommend that you verify with the shipping customer the information that we provide.

  17. Account Flagging System
  18. Information You Submit

    You solely are responsible for any information you provide to us or other users in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing FR8.com.au transaction fees. Information may not contain any viruses or other malware that may damage or interfere with our website. Furthermore, you may not list any shipment or trip on our site that, by paying to us a match fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited Items terms. You authorize FR8.com.au to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website acts as a passive conduit for any of your on line communication or distribution of content or information.

    Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same. You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:

    • Will not violate any international, federal or state law, regulation, rule, or statute
    • Will not violate the terms of this Agreement
    • Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights
    • Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;\
    • Will not be libellous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about FR8.com.au employees, agents, other members, or the marketplace itself
    • Will not contain any computer hardware or software, viruses, trojans, worms, or any other computer programming that may interfere with the operation of our website, operation of any of our systems and or create or impose a large burden or load on our website
    • Will not scan or test the vulnerability or security of our website or the system within which it operates
    • Will not be used for commercial or public purposes outside of the requirements of this Agreement
    • Will not create liability for us in any manner whatsoever
    • Will not frame or link to our website without our written permission
    • Will not involve the upload, or insertion of, any programming language or code into or onto, our website.

    You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

  19. Fraud

    FR8.com.au may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our website. Members may not manipulate the quote prices for any shipment or interfere with other members' listings or transactions. Other fraudulent acts include:

    A. Fees - You shall NOT:

    • Request payment from another FR8.com.au member via instant cash transfer services (non-bank, point-to-point cash transfer services such as Western Union or Moneygram)
    • Charge to, or in any way attempt to collect from members, as an additional charge to the total amount agreed upon for the services, the FR8.com.au Match Fee
    • Charge members a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on the FR8.com.au website (given that the particulars of the service requested are materially the same as those requested on the FR8.com.au website). Your accepted quote price must include ANY and ALL charges, including any taxes, fees, etc.
    • Represent or communicate to members that you are to collect the FR8.com.au Match Fee
    • Cause another person or entity to engage in any conduct, act or behaviour intended or designed to circumvent or avoid, in any manner, our right to the FR8.com.au Match Fee
    • Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to a Match Fee
    • Communicate or correspond, whether by written, verbal, or electronic means, with a member, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Match Fee.

    B. Manipulating feedback - You acknowledge and agree that the FR8.com.au website is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the website is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the website, you shall NOT:

    • Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member
    • Post and/or cut and paste and/or copy the content of a member feedback review from the FR8.com.au website to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form
    • Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other)
    • Post or attempt to post, in any manner or by any means, a feedback review on your own account
    • Ask shipping customers to pay off-site through another form of payment when they’ve already paid through FR8.com.au Payments

  20. Off-Site Communications

    FR8.com.au prohibits offers by its members to transport listed shipments, or to offer listed shipments for transport, outside of the FR8.com.au site. Offers of this nature circumvent FR8.com.au's fee structure and are a potential fraud risk for both shipping customers and TSPs. Some examples of off-site offers include:

    • Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in FR8.com.au's question and answer system, profile section, “Additional Information” sections, username, discussion forums, shipment listing, or shipment description
    • Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through FR8.com.au's question and answer system, profile section, “Additional Information” section, username, discussion forums, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a shipment for delivery off-site
    • FR8.com.au reserves the right to edit, amend, or delete any personal contact information that members submit on our site. FR8.com.au reserves the right to suspend or delete the account of any member that attempts to make off-site transactions

  21. Posting in the Community

  22. Right to Reject or Remove Members

    We reserve the absolute right to reject your participation, or remove you from your current participation, in the FR8.com.au website at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of Your participation can include but is not limited to: any circumvention of the FR8.com.au marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners.

  23. Petition for Reinstatement

    Upon your removal from the FR8.com.au website, you may petition for reinstatement. Your petition for reinstatement must include the following:

    • A written statement as to why you should be reinstated
    • Your contact information; your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.

  24. Confidentiality/Non-Disclosure

    As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

  25. Taxes

    You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.

  26. Record Keeping/Audit

    We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.

  27. Non-solicitation

    During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.

  28. No Felony Convictions

    You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.

  29. Unsolicited Idea Submission

    We always want to receive messages and feedback from FR8.com.au members and welcome any comments regarding the FR8.com.au marketplace. However, FR8.com.au policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by FR8.com.au might be similar or even identical to your idea.

    If you do send FR8.com.au an unsolicited suggestion, idea, or proposal, or if you send, at the request of FR8.com.au, a comment or suggestion to improve the FR8.com.au Marketplace (for example, through Discussion Boards or via email) (collectively, the "Submission"), FR8.com.au will consider the Submission to be non-confidential and non-proprietary. FR8.com.au shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. FR8.com.au shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

  30. Identity Verification

    We use techniques to help verify the identity of TSPs when they register on our website; however, FR8.com.au cannot and will not confirm each Service Provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.

  31. Feedback

  32. Resolving Feedback Disputes

    • Reply to Feedback Received
    • Mutual Feedback Withdrawal
    • Feedback Comment Withdrawal

  33. Resolving Feedback Disputes

    Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal your shipment or trip listings, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our services to you.

  34. No Warranty

    FR8.com.au, our employees, and our suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

  35. Limited Liability

    In no event shall we, our employees, or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our services or this agreement however arising, including negligence.

  36. Indemnity

    You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.

  37. Legal Compliance

    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.

  38. Arbitration

    Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by FR8.com.au to collect our fees and/or recover damages for, or obtain an injunction relating to, the FR8.com.au site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with commercial arbitration rules under Australian legislation. The arbitration shall be conducted in the city of Melbourne, Victoria, in Australia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

  39. Dispute Resolution

    Disputes between you and FR8.com.au regarding our services should be reported to FR8.com.au Member Support. We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to FR8.com.au, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.

  40. Protection of Intellectual Property Content

    The FR8.com.au website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its colour combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.

  41. Trademark and Domain Name Protection

    The FR8.com.au website contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.

  42. Security

  43. Governing Law

    THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF VICTORIA, AUSTRALIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS

  44. Additional Policies

  45. General

    This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable legal fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.