Terms & Conditions
By using the System and/or the Webpage you, the Webpage user, agree to be bound by the terms of this Agreement with Freightmeta.com.
In this Agreement the following terms have the following meanings:
"Webpage" means the webpage operated by Freightmeta.com at www.freightmeta.com.
"System" means the ensemble of software, database and social network material with offers of freight/transport services that is meant to facilitate the achievement of agreements between "Webpage users", operated by Freightmeta.com.
"Webpage user" includes any person that uses the System and/or the Webpage, whether "Client - Webpage user" or "provider - Webpage user".
"Client - Webpage user" or client includes any person that buys freight/transport services that were acknowledged to him/her by the "System" of the "Webpage".
"Provider - Webpage user" or provider includes any person that sells freight/transport services and promotes them by announcing them at the "System" of the "Webpage". It includes any person or entity being a transport services provider who submits or may submit a bid offer in respect of a Job Request.
"Job" means the provision of freight/transport services by a "Provider - Webpage user" to a "Client - Webpage user" that arises out of a Job Request.
"Job Request" means a request made by the "Client - Webpage user" using the System seeking offers for the provision of freight/transport services from "Provider - Webpage users".
"Cancellation Request" means a request to cancel a job after the job has been provisioned to a Provider and after the Webpage user has paid a Deposit Fee to secure the Providers services.
"Deposit Fee" is the fee the Webpage user pays to accept a bid and secure the services of a Provider who has placed a quote/bid to transport the Webpage user's freight.
"Provider Services" means the freight transport (and any other) services that a Provider offers and/or supplies to one or more Webpage users.
2. Webpage user Eligibility
The Webpage user acknowledges and agrees that the System is available only to persons aged 18 years old and over. Webpage user represents and warrants that he/she is 18 years old or over. If you, the Webpage user, use the Webpage and System as a business entity, you represent that you have authority to bind the entity to this Agreement. Our company freightmeta.com is entitled to ask any webpage user to prove this authority. In case of denial Our Company is entitled to delete the account of the webpage user that does not prove this authority.
3. Transactions Procedure
3.1 The System operates as both a finder and facilitator seeking to match the needs of "Client - Webpage users" with "Provider - Webpage users". The System and Webpage acts as a forum for client users to bid and agree on prices and enter into agreements regarding the provision of transport/freight services by the "Provider - Webpage users". Webpage users may choose a Provider on the basis of price or other factors. OUR COMPANY is as a neutral facilitator and the Webpage user acknowledges and agrees that OUR COMPANY is not directly involved in the transactions and arrangements between Webpage users. Such transactions and arrangements with Providers will be subject to the Provider's own terms and conditions (if any).
3.2 "Client - Webpage users" decides if offers from "Provider - Webpage users" are public. He also defines the time within he receives offers.
3.3 The offers from "Provider - Webpage users" are not binding for the "Client - Webpage user".
3.4 "Client - Webpage users" can accept any offer he receives and does not have to disclose the criteria he used.
3.5 The content of an offer from a "Provider - Webpage user" can be modified without any restriction within the time defined in 3.2.
3.6 The Webpage user acknowledges that OUR COMPANY will not (absent special circumstances) reveal the identity and details of any "Provider - Webpage user" to a "Client - Webpage user" prior to the time of entry of an agreement with a "Provider - Webpage user" for a Job, such identity to be revealed only upon entry of an agreement with that "Provider - Webpage user" for a Job.
4.1 The webpage is free to use for Webpage users. When the "Client - Webpage user" accepts an offer about a job he/she has published, the "Provider - Webpage user" whose offer has been accepted will be promptly notified. In this case a Fee (10% of bid amount) is payable from the "Provider - Webpage user" to OUR COMPANY.
4.2 Fees for achieving a job will be invoiced and paid in the subsequent month in accordance with the following terms:
4.2.1 Invoices are processed on a monthly basis and shall be sent to the "Provider - Webpage user" by mail, fax or e-mail.
4.2.2 The commission invoiced in respect of a month shall be paid by the "Provider - Webpage user" within 14 days from the invoice date.
4.2.3 Payment shall be made by the "Provider - Webpage user" directly to our company by means of Direct Debit, or in case this is not available in the banking system of the bank where the payment is made from, by wire transfer (to such bank account as identified by our company). For the avoidance of doubt, other means of payment (such as by cheque or via "payment agencies") cannot be processed by our company and therefore will not be accepted. The "Provider - Webpage user" shall bear all costs as charged by the banks for the transfer of the funds.
4.2.4 The commission invoiced in respect of a month shall be paid by the "Provider - Webpage user" in the same currency in which the job was offered. OUR COMPANY may at its sole discretion prepare invoices either in a major currency (e.g. EUR/USD) or the relevant local currency of the "Provider - Webpage user" and subsequently convert the relevant final amount in the local currency or a major currency on the basis of the exchange rate of the last day of the relevant month for which the invoice is issued. The exchange rate used shall be the interbank rate (closing rate as per 4PM EST) as used or promulgated by major international financial banks or service companies from time to time selected by our company.
4.3 In the event of a dispute between our company and the "Provider - Webpage user" (e.g. on the amount of the fee), any undisputed amount of the Commission will be paid in accordance with the terms of this Agreement, the status or nature of the dispute.
4.4 In the case of late payment, our company reserves the right to claim statutory interest, to suspend its service under the Agreement (e.g. by suspending the account of "Provider - Webpage user"), and/or to ask for a bank guarantee or other form of financial security from the "Provider - Webpage user".
5.1 "Client - Webpage users" and "Provider - Webpage users" can cancel a job prior to completion. In this case the "Provider - Webpage users" may ask a refund of the fee only if the cancelation was the result of poor conduct of the "Client - Webpage user". In this case Our Company may suspend or terminate the "Client - Webpage users" account and claim any loss and damage from him.
5.2 In case of event of force majeure, only the half of the fee is returned to "Provider - Webpage users".
5.3 Our Company has the right to review the cancellation reasons and will suspend or terminate the "Provider - Webpage users" account if he is not being sincere about the events relating to the cancelation.
6. Disclaimer and Acknowledgments
6.1 OUR COMPANY provides the details of and introductions to webpage Users is on an 'as is' basis and without any warranty, express, implied or statutory as to the reliability, trustworthiness, creditworthiness or other attribute or characteristic of any webpage User.
6.2 While OUR COMPANY endeavors to ensure that the Site is accessible at all times, it shall not be liable if it is unavailable at any time or for any period. The web page user agrees and acknowledges that the Site may experience interruptions and access difficulties from time to time and that OUR COMPANY will not be responsible for such interruptions or access difficulties. To the fullest extent legally possible, OUR COMPANY excludes any representation or warranty concerning Users, other Providers, the System, the Site or any third party Site referred to or connected via the Site.
6.3 Without limiting the foregoing, the Provider acknowledges that:
6.3.1 OUR COMPANY is not obliged to check the truth or currency of the material or information that Users provide or make available to it;
6.3.2 OUR COMPANY does not warrant to the Provider 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;
6.3.3 OUR COMPANY does not offer or provide professional advice to clients on the fitness of any goods, services or information supplied by any third parties including the Provider;
6.3.4 OUR COMPANY is not a party to any transactions between clients and Providers and it is the client (and, for the avoidance of doubt, not OUR COMPANY) who is responsible for paying the Provider for all Jobs and all Provider Services. OUR COMPANY cannot and will not guarantee the ability of client web page users to complete payment for any of the Provider Services;
6.3.5 the Provider web page user shall be responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);
6.3.6 OUR COMPANY does not warrant to the Provider that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate; and
6.3.7 to the extent permitted at law, OUR COMPANY shall not be liable for any loss or damage whether directly or indirectly incurred by the Provider or any third person as a result of any act or omission of any User or any failure.
6.4 The web page user agrees that to the extent permissible at law OUR COMPANY and all affiliates and related entities of OUR COMPANY shall have no responsibility for the legality of the actions of Users and other web page user agrees.
7. Feedback feature of Site
7.1 The Provider web page user acknowledges and agrees that OUR COMPANY operates a User feedback system, on which Users may post comments, compliments, criticisms and other observations regarding Providers on the Site. Submission to this forum is a condition of the Provider's registration. While web page user Users are required to only post such comments that are honest, fair and reasonable and which can be substantiated, OUR COMPANY does not guarantee that all comments will comply with this requirement.
7.2 The Provider acknowledges and agrees that any information or material submitted by it to the Site for inclusion in the feedback system (whether by Users or the Provider) is and will be treated by OUR COMPANY as non confidential and non-proprietary and OUR COMPANY may use such material without restriction.
7.3 If and to extent that the Provider makes any comment on the Site the Provider 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.
7.4 The Provider agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively effects other users of the Site.
7.5 The Provider agrees not to impersonate any other person when posting material to the Site.
7.6 The Provider acknowledges that any material it posts to the Site may be removed by OUR COMPANY from the Site without notice at any time.
7.7 OUR COMPANY does not warrant to the Provider that it or Users will respond to questions or comments submitted by Users or the Provider to the Site.
7.8 Without limiting any other provision of this Agreement, OUR COMPANY may in its discretion terminate or restrict the Provider's registration and ability to use the System and Site as a Provider, if the Provider is (in the opinion of OUR COMPANY) the subject of consistent, frequent or otherwise substantially negative feedback.
8. Provider Warranties
8.1 The Provider agrees and warrants to OUR COMPANY that it:
8.1.1 is under no legal or other impediment that may prevent it fully carrying out its obligations under this Agreement;
8.1.2 will be in all respects able to fullfil completely any Job in respect of which it bids;
8.1.3 and any personnel it engages are and will at all times remain qualified to offer and perform the Provider Services;
8.1.4 and all personnel engaged by it will exercise a high degree of skill, care and professionalism in providing the Provider Services to Users;
8.1.5 has all insurance required of or desirable for a service provider in the Provider's position and area of practice;
8.1.6 will ensure that all information (including but not limited to that set out in any application for registration as a Provider) including information relating to the Provider's qualifications and capacity is true and correct in every respect and will be updated by the Provider if and when it materially changes during the period of the Provider's use of the System;
8.1.7 will to the extent permissible at law, comply with its obligations towards Users as set out in the Provider's terms and conditions;
8.1.8 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 or using the System to transport illegal goods;
8.1.9 will not use any feature of the Site to send unsolicited commercial emails to Users, whether individually or as a group;
8.1.10 will not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without OUR COMPANY's prior written consent;
8.1.11 will 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 OUR COMPANY;
8.1.12 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;
8.1.13 will not take any action that imposes an unreasonable or disproportionately large load on OUR COMPANY's infrastructure;
8.1.14 will not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to OUR COMPANY or do anything that compromises the security of the Site;
8.1.15 will not use the Site to engage in misleading or deceptive on-line marketing practices;
8.1.16 will not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;
8.1.17 will provide OUR COMPANY with complete and accurate contact details when using the System enabling Users to contact the Provider (and vice-versa) as requested;
8.1.18 will not use the Site or System in relation to the actual or proposed transportation of any illegal or prohibited goods;
8.1.19 will comply with all laws and regulations regarding the provision of the Provider Services as well as all laws and regulations relating to privacy; and
8.1.20 will not use the Site or System to procure the handling or the transportation of goods in respect of which the Provider knows, suspects or ought to know or suspect the User has no title or other right.
9. OUR COMPANY's Reservation of Rights
9.1 OUR COMPANY reserves the right to:
9.1.1 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 as in any way objectionable or in violation of any applicable law or this Agreement without notice to the Provider; and
9.1.2 modify or discontinue any services OUR COMPANY offers at any time.
10. Intellectual Property/Use of Material on Site
10.1 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 OUR COMPANY or its licensors. The Provider acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of OUR COMPANY's intellectual property rights.
10.2 To the extent that the Provider submits any information or material to OUR COMPANY relating to a Job Request or for otherwise posting on the Site, the Provider automatically grants OUR COMPANY a license to use the information or material for the purpose for which it is provided.
10.3 The Provider agrees that information contained on this Site is for their own use only and may not be sold, used or redistributed for any other purpose.
10.4 The Provider 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 OUR COMPANY's prior written consent.
11. Limitation of Liability
11.1 To the extent permitted by law OUR COMPANY excludes all liability 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 any:
11.1.1 acts or omissions of any web page User including where the same results in a loss of or damage to goods;
11.1.2 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 OUR COMPANY or a User, even if OUR COMPANY has been advised of the possibility of such loss or damage; or
11.1.3 removal or termination of the Provider's access to the System and Site.
11.2 To the extent permitted by law, OUR COMPANY and all affiliates and related entities of OUR COMPANY expressly limit their liability to the Provider 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 OUR COMPANY's sole discretion):
11.2.1 the re-supply of the services provided by OUR COMPANY; or
11.2.2 the payment of the cost of having those services supplied again.
To the extent permissible at law, the Provider indemnifies and holds OUR COMPANY and its parent, subsidiaries, affiliates, officers, directors, agents and employees harmless from and against any claims, demands, proceedings, losses and damages (whether actual, special and consequential of every kind and nature including all legal fees) made by any User or third party arising out of or in any way related to the Provider's use of the Site or the System, the Provider's breach of this Agreement, or the Provider's violation of any law or the rights of a third party.
13.1 The Provider may cancel its registration as a Provider upon notice to OUR COMPANY. Such cancellation shall not entitle the Provider to cancel or vary any agreement already in place to provide Provider Services to any User.
13.2 Without limiting other remedies available to OUR COMPANY at law, in equity or under this Agreement, OUR COMPANY may immediately issue a warning, temporarily suspend or indefinitely suspend the Provider's access to the System and refuse to provide services to the Provider if:
13.2.1 OUR COMPANY, acting reasonably, believes that the Provider has breached any terms of this Agreement;
13.2.2 OUR COMPANY is unable to verify or authenticate any information the Provider provides to it; and/or
13.2.3 OUR COMPANY, acting reasonably believes that the Provider's actions may cause damage and/or legal liability for OUR COMPANY, other Providers or other Users.
13.3 OUR COMPANY may terminate this Agreement with immediate effect if:
13.3.1 the Provider breaches any term of this Agreement and such breach is not rectified within seven (7) days of the User being notified by OUR COMPANY accordingly in writing or immediately if such breach is not capable of remedy; or
13.3.2 the Provider becomes subject to any kind of insolvency event.
14. No Agency
The Provider acknowledges and agrees that OUR COMPANY is not the Provider's nor any User's agent.
15. Circumstances beyond OUR COMPANY's control
OUR COMPANY will not be liable for any failure or delay in the performance of its obligations to the Provider if that failure or delay is due to circumstances beyond OUR COMPANY'S reasonable control including, without limitation, any act of God or other cause including any mechanical, electronic, communications or third party supplier failure.
16. Website Links
16.1 OUR COMPANY may provide links and pointers to websites maintained by third parties from its Site which websites are not under the control of OUR COMPANY and OUR COMPANY is not responsible for the contents of any linked website or any website link contained in any linked website.
16.2 OUR COMPANY will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by or through any linked websites whether linked to or from OUR COMPANY's Site.
17.1.1 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
17.1.2 The singular includes the plural and vice-versa.
17.1.3 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 Greece. The User irrevocably submits to the non-exclusive jurisdiction of the courts of Athens Greece.
17.3 Parties agree and acknowledge that notwithstanding this Clause 17.2, nothing in this Agreement shall prevent or limit OUR COMPANY in its right to bring or initiate any action or proceeding or seek interim injunctive relief or (specific) performance before or in any competent courts where the provider is established or registered under the laws of the relevant jurisdiction where the provider is established or registered and for this purpose, the provider waives its right to claim any other jurisdiction or applicable law to which it might have a right.
17.4 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.
17.5 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: OUR COMPANY may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms on the Site.
17.8 Neither party shall be entitled to assign, transfer, encumber any of its rights and/or the obligations under this Agreement without the prior written consent of the other party, provided OUR COMPANY may assign, transfer, encumber any of its rights and/or the obligations under this Agreement (in whole or in part or from time to time) to an affiliated company without the prior written consent of the web page users).
17.9 All notices and communications must be in English, in writing, and sent by facsimile or nationally recognized overnight air courier to the applicable facsimile number or address set out in the Agreement.
17.10 This Agreement (including the schedules, annexes and appendixes, which form an integral part of this Agreement) constitutes the entire agreement and understanding of the Parties with respect to its subject matter and replaces and supersedes all prior agreements, arrangements, ((non) binding) offers, undertakings or statements regarding such subject matter.
17.11 If any provision of this Agreement is or becomes invalid or non-binding, the Parties shall remain bound by all other provisions hereof. In that event, the Parties shall replace the invalid or non-binding provision by provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
17.12 OUR COMPANY's failure to take action with respect to a breach by the Provider does not waive OUR COMPANY's right to take action with respect to subsequent or similar breaches.
17.13 OUR COMPANY may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms on the Site.