Truckit.net Terms and Conditions - Transport Provider Agreement
By using the System and/or the Site you, the "Provider", agree to be bound by the terms of this Agreement with Truckit.net Pty Ltd, ACN 627 942 027 trading as Truckit ("Truckit.net").
1. Definitions and Interpretation
1.1. In this Agreement the following terms have the following meanings:
Account ID means the unique username and account recorded on the Site or System for the Provider, and which:
(a) the Provider may access and use the Site and System; and
(b) other users can identify the Provider on the Site and System.
Accept means where the User and Provider agree to the provision of freight/transport services arising out of a Job Request, on agreed Provider Terms.
Affiliate means a party who is a referrer of internet traffic or Jobs, as the case may be, who is governed by the Truckit.net Affiliate Terms and Conditions.
Agreement means this document and any other documents included specifically by reference.
Booking is when the Provider has been successfully matched with a User for the provision of Provider Services.
Book Now Quote means an instant freight price presented to the User for Acceptance, generated using Truckit.net's proprietary freight data in combination with one or more of matching algorithms, Artificial Intelligence and Machine Learning calculation methods.
Instant Booking means where the User has Accepted a Book Now Quote, or where the User has put forward a User Offer which has been Accepted by the Provider.
Standard Provider Terms means generic freight terms that apply to all Instant Bookings, and which can be found here.
Booking Fee is the fee charged to the Provider by Truckit.net when the Provider has been successfully matched with a User for the provision of freight/transport services and a Booking occurs.
Chargeback is a reversal of a charge on a credit card or debit card.
Deposit Fee is the deposit the User pays to Truckit.net to accept a Quote and secure the services of a Provider who has placed a Quote to transport the User's freight.
Job means the provision of freight/transport services by a Provider to a User that arises out of a Job Request.
Job Request means a request made by the User using the System seeking offers for the provision of freight/transport services from Providers (including but not limited to the Provider). The information in the request is used to produce Quotes, and any alteration to the information supplied may subsequently alter the Quotes.
Provider as the context requires means you and/or any other person or entity being a transport services provider who is registered with Truckit.net in accordance with this Agreement and who may submit a Quote in respect of a Job Request.
Provider Services means the freight (and any other associated) services the Provider offers and/or provides to one or more Users.
Provider Terms means the terms and conditions of the Provider which govern delivery of the Provider Services and include the Standard Provider Terms which govern an Instant Booking.
Quote means the price provided by a Provider to perform the Job Request, and includes Book Now Quotes.
Site means the website operated by Truckit.net at www.Truckit.net.
System means the system operated by Truckit.net as described in this Agreement, and as developed by Truckit.net from time to time.
Truckit.net has the meaning provided above.
Truckit Pay is Truckit's secure payment service facilitated by payment service provider Zai Australia Pty Ltd ("Zai"), which is provided to ensure protection of User funds until completion of the Job, and to ensure Providers are paid promptly upon confirmed completion of a Job.
User means a user of the Site or System who is party to the User Agreement.
User Offer means a Job Request put forward by a User seeking acceptance of a set price.
1.2. This Agreement as available on the Site from time to time is to be read in conjunction with the User Agreement that is contemporaneously available on the Site from time to time. The Provider acknowledges the terms and conditions imposed by the User Agreement and the effects that it has or may have on the Provider'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 System is available only to:
(a) natural persons aged 18 years old and over; and
(b) legal entities, which are not Affiliates.
2.2. The Provider represents and warrants that he/she is 18 years old or over. If the Provider is a company or other legal entity, the person purporting to represent the Provider represents and warrants that they have authority to bind the entity to this Agreement and that he/she is 18 years old or over
2.3. The Provider’s registration for an Account ID and participation in the System are subject to Truckit.net’s acceptance of the Provider’s application for registration as a Provider. The Provider agrees to supply any documentation reasonably required by Truckit.net to verify Provider’s qualifications and ability to supply the Provider Services, including but not limited to:
(a) Proof of identity;
(b) Certificate of company registration (not required for sole traders); and
(c) Verification of current insurance documentation, including:
a. Public Liability Insurance;
b. Marine Transit Insurance;
c. Motor Vehicle Insurance;
d. Worker’s Compensation Insurance (not required for owner drivers if no staff are employed).
2.4. The Provider acknowledges Truckit has no ability to oversee or ensure Providers comply with Chain of Responsibility legislation. The Provider represents and warrants that they understand and will comply with Chain of Responsibility legislation detailed in the Heavy Vehicle National Law (NSW) No 42a of 2013 and other equivalent State-based legislations applicable to the operation of Heavy Vehicles and any regulations issued under any such legislation. The Provider may carry all Goods or have them carried by any method which the Provider in their absolute discretion deems required to comply with the Chain of Responsibility legislation notwithstanding any instructions verbal or otherwise of the User that the goods are to be carried by another method.
2.5. Without limiting any other right or obligation of the parties, the Provider must immediately notify Truckit.net of:
(a) Any update to insurance or identity information provided in accordance with this clause 2; and
(b) Any change in circumstances or any other fact or matter which would or might be a basis for disqualifying the Provider as a Provider.
2.6. Upon registration, the Provider is required to create a unique Account ID and password to use and access the Site and System. The Provider agrees that Truckit.net shall be entitled to assume that any person using the Site with the Provider’s Account ID and/or password is the Provider or the Provider’s authorised representative. The Provider is liable for all actions taken by the Provider’s authorised representatives in relation to their use of the Site and the System.
2.7. Registration, and hence entitlement to operate as a Provider, is personal to each Provider and cannot be assigned or transferred.
2.8. Information required by the Site and System for registering with Truckit.net will be used by Truckit.net in accordance with Truckit.net’s Privacy Policy which is available on the Site, or by clicking the following link: https://www.truckit.net/privacy-policy
2.9. The Provider’s access to Truckit.net is conditional on Provider agreeing that Truckit.net may log the Provider’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 Users with Providers. The System and Site acts as a forum for Users and Providers 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 Provider for each Job. Truckit.net is a neutral facilitator and the Provider acknowledges and agrees that Truckit.net is not directly involved in the transactions and arrangements between Users and Providers. Such transactions and arrangements with any User will be subject to the Provider Terms and are not governed by Truckit.net.
3.2. The Provider must comply with the Provider Rules which are set out at the following link here.
3.3. As a condition of using the Site or System, the Provider must do at least one of the following:
(a) publish a copy of the Provider Terms on their Account ID profile so that Users may review the Provider Terms prior to accepting a quote; or
(b) deliver each User a copy of, or link to, the Provider Terms with acceptance of a Quote.
4. Book Now Quotes, User Offers and Instant Bookings
4.1. To assist both Users and Providers to rapidly reach agreement and match the needs of Users with Providers, Truckit.net may:
(a) Provide a Book Now Quote to the User to facilitate the quoting and booking process; or
(b) Allow the User to put forward a User Offer which the Provider can accept.
4.2. The Book Now Quote is a price estimate using historical Provider rates and is generated by the System reflecting the information provided by the User when completing the Job Request. The Book Now Quote will vary depending on a number of factors including but not limited to when they are requested and the desired collection and/or completion date.
4.3. If a Book Now Quote is Accepted by the User or a User puts forward a User Offer:
(a) Truckit.net will inform matched Providers of the Book Now Quote or User Offer, following which Providers may either Accept the Book Now Quote or User Offer, or counter-quote.
(b) Accepting the Book Now Quote or User Offer is at the Provider's discretion.
(c) Truckit.net will use its reasonable endeavours to try and find a Provider to undertake the Instant Booking and entice Providers to either Quote or Accept the Job Request.
(d) If Truckit.net is unable to find a Provider who will undertake the Job, or such Provider decides not to Accept the Job Request, Users will be notified in writing or by telephone.
4.4. If a Book Now Quote or User Offer is Accepted by the Provider:
(a) The Provider agrees to be bound by the Standard Provider Terms for the Job.
(b) The User will have the right to cancel an Instant Booking without repercussion if notice is provided at least 24 hours prior to the agreed pick-up date or earliest listed pick-up date, whichever is earlier.
(c) If the Provider Services required materially differ from what is detailed in the Job Request, the Provider shall have the right to cancel the Job.
(d) Additional charges may apply if the Provider Services required and subsequently booked differ upon the arrival of the Provider.
5. Truckit Pay Payment Service
5.1. Truckit Pay is Truckit's secure payment service facilitated by payment service provider Zai Australia Pty Ltd ("Zai"), which is provided to ensure protection of User funds until completion of the Job, and to ensure Providers are paid promptly upon confirmed completion of a Job.
5.2. Payment services provider Zai Australia Pty Ltd ("Zai") has been engaged to collect monies on behalf of the Provider in relation to Accepted Quotes where Truckit Pay has been selected as the relevant payment service. By using the Truckit.net Site and System the Provider agrees to the terms of the End User Agreement with Zai and accepts that collection of the Deposit Fee and any other relevant fees will be made by Zai on behalf of the Provider. A copy of the Zai End User Agreement can be found here: https://www.hellozai.com/company/policies/end-user-agreement.
6. Quotes, Bookings and Fees (off-site and/or Truckit Pay)
6.1. Provider Quote amounts must be in Australian Dollars (AUD) and inclusive of GST and the Booking Fee. No GST or Booking Fee amount may be charged on top of your Quote price once your Quote has been accepted by the User.
6.2. A Job is secured once the User accepts a Quote or puts forward a User Offer which is Accepted by the Provider, and pays the Deposit Fee into an account held by Truckit.net.
6.3. Truckit.net will charge the Booking Fee to the Provider for each Job for which the Provider provides an Accepted Quote. Truckit.net may deduct the Booking Fee from the Deposit Fee being held in Truckit.net's account for any such successful Quote.
6.4. Truckit.net's Booking Fee is based on a tiered percentage of the accepted Provider's Quote. The Booking fee is dynamically calculated at the time of placing a Quote and differs for some categories and payment types.
6.5. Truckit.net 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 21.6.
6.6. In limited circumstances Truckit.net may allow payment of the balance of the Quote amount (Quote minus the Deposit Fee) to occur outside the Site and System, "off-site". In this circumstance, the Provider must only charge the User for an amount equal to the Quote price minus the Deposit Fee. Such payment from the User to the Provider remains subject to the Provider Terms for the Job but may be made between the User and Provider directly.
7. Payment and Payout Methods
7.1. Adding a Payout Method: In order to receive a Payout via Truckit Pay you must have a valid Payout Method linked to your Truckit.net account. When you add a Payout Method to your Truckit.net account, you may be asked to provide billing information such as name, government identification, tax ID, billing address, and financial instrument information either to Truckit.net 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 Truckit.net to collect and store your billing information and financial instrument information. Truckit.net may also share your information with governmental authorities as required by applicable law.
7.2. Payment Processing Errors: Truckit.net 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 Truckit.net 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.
7.3. To the extent you receive any funds in error, you agree to immediately return such funds to Truckit.net.
8. Cancellation and Refunds
8.1. If a Provider wishes to cancel a Job, or cannot complete a Job as the case may be, they must submit a cancellation request on the Truckit.net platform.
8.2. Truckit.net 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 Job 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 in full and be able to be reviewed.
8.3. Upon review, if Truckit.net can substantiate the information in a cancellation request from a User and if Truckit.net is reasonably satisfied that the monies paid should be returned to the User then the monies paid will be refunded to the User.
8.4. For an Instant Booking, clause 4.4(b) shall apply.
8.5. Cancellation of a Job will be attributable to the Provider where:
(a) the User and the Provider mutually agree to cancel the Job; or
(b) following reasonable but unsuccessful attempts by a User to contact a Provider to perform the Job, the Job is cancelled by the User; or
(c) the Provider cancels the Job.
8.6. A cancellation of a Job will be attributable to a User where:
(a) the User cancels the Job (other than in accordance with clause 8.5(b))
8.7. Providers waive any right to make a claim against Truckit.net for money or monies that relates to the User's or the Provider's obligations or rights to complete a Job. It is the Provider's sole responsibility to determine such rights in the Provider's Terms.
9. Disclaimer and Acknowledgements
9.1. Truckit.net provides the introductions to Users 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 User or Provider. To the maximum extent permitted by law, Truckit.net excludes any representation or warranty concerning Users, other Providers, the System, the Site or any third-party website referred to via the Site or System.
9.2. Truckit.net 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.
9.3. Truckit.net endeavours 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 Provider agrees and acknowledges that the Site may experience interruptions and access difficulties from time to time and that Truckit.net 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.
9.4. Without limiting the foregoing, the Provider acknowledges that:
(a) Truckit.net does not check the truth or currency of the material or information that Providers or Users provide or make available through the Site or System;
(b) Truckit.net 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;
(c) Truckit.net does not offer or provide professional advice to Users on the fitness for purpose of any goods, services or information supplied by any third parties including the Provider;
(d) Truckit.net is not a party to any transactions between User and Provider and it is the User (and, for the avoidance of doubt, not Truckit.net) who is responsible for paying the Provider for all Jobs and all Provider Services. Truckit.net cannot and will not guarantee the ability of Users to complete payment for any of the Provider Services;
(e) the Provider shall be responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);
(f) Truckit.net 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
(g) to the maximum extent permitted by law, Truckit.net shall not be liable for any loss or damage whether directly or indirectly incurred by the Provider or any third party as a result of any act or omission of any User or any failure or delay in Truckit.net doing any thing, including, but not limited to transmitting any information between Users and Providers or removing any information from the Site or any User from the System.
9.5. The Provider agrees that to the maximum extent permissible by law Truckit.net and all Affiliates and related entities of Truckit.net shall have no responsibility for the actions of Users and other Providers.
10. Feedback feature of Site
10.1. The Provider acknowledges and agrees that Truckit.net operates a User feedback system, on which Users may post comments, compliments, criticisms and other observations regarding Providers on the Site. Submission of the Provider's Account ID to this forum is a condition of the Provider's registration. While Users are required to only post such comments that are honest, fair and reasonable and which can be substantiated, Truckit.net does not guarantee that all comments will comply with this requirement.
10.2. Providers are entitled to reply to any customer complaints left on their publicly available feedback profile. Any responses that breach Truckit.net's website rules may also result in suspension, termination or additional penalties on the Provider's account without notice.
10.3. 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 Truckit.net as non-confidential and non-proprietary and Truckit.net may use such material without restriction.
10.4. 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 objectionable (to a person acting reasonably).
10.5. The Provider agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users of the Site.
10.6. The Provider agrees not to impersonate any other person when posting material to the Site.
10.7. The Provider acknowledges that any material it posts to the Site may be removed or modified by Truckit.net from the Site without notice at any time.
10.8. Truckit.net does not warrant to the Provider that Truckit.net or Users will respond to questions or comments submitted to the Site by Users, or the Provider.
10.9. Without limiting any of Truckit.net's rights under this Agreement, Truckit.net 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 Truckit.net) the subject of consistent, frequent or otherwise substantially negative feedback.
11. Provider Warranties
11.1. The Provider agrees and warrants to Truckit.net 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 Job in respect of which it provides a Quote and any personnel it engages are and will at all times remain qualified to offer and perform the Provider Services;
(c) all personnel engaged by Provider will exercise a high degree of skill, care and professionalism in providing the Provider services to each User;
(d) has all insurance required of, or desirable for, a service provider in the Provider's position and area of practice;
(e) 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;
(f) will comply with its obligations towards Users as set out in the Provider's Terms;
(g) 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;
(h) will not use any feature of the Site to send unsolicited commercial emails to any other users of the Site or System, whether individually or as a group;
(i) will not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without Truckit.net's prior written consent;
(j) 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 Truckit.net;
(k) 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;
(l) will not take any action that imposes an unreasonable or disproportionately large load on Truckit.net's infrastructure;
(m) will not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Truckit.net or do anything that compromises the security of the Site;
(n) will not use the Site to engage in misleading or deceptive on-line marketing practices;
(o) will not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;
(p) will provide Truckit.net with complete and accurate contact details when using the System enabling Users to contact the Provider (and vice-versa) as requested;
(q) will not use the Site or System in relation to facilitate the actual or proposed transportation of any illegal or prohibited goods;
(r) 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
(s) 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.
11.2. As a condition of using the Site or System, the Provider must do at least one of the following:
(a) publish a copy of the Provider Terms on their Account ID profile so that Users may review the Provider Terms prior to accepting a Quote; or
(b) deliver each User a copy of, or link to, the Provider Terms with acceptance of a Quote.
12. Account IDs - Cancellation/Breach/Suspension/Termination
12.1. The Provider may cancel registration as a Provider upon notice to Truckit.net. Such cancellation shall not entitle the Provider to cancel or vary any agreement already in place to provide Provider Services to any User.
12.2. Truckit.net reserves the absolute right to reject or suspend the Provider's participation, or remove the Provider from participation with the Truckit.net Site or System at any time and for any reason or for no reason and without notice to the Provider. Truckit is not liable for any damage or loss resulting from such hold, suspension, or removal. Events and scenarios which may result in the suspension or removal of your participation include but are not limited to:
(a) prohibited activities detailed in clause 13;
(b) abusive or hostile behaviour;
(c) unresolved disputes;
(d) creating and/or maintaining multiple accounts or relation to other accounts;
(e) committing fraud or violating this Transport Provider Agreement;
(f) poor performance on the site (high cancellations, negative feedback, etc.); or
(g) encouraging Users to enter into an agreement or transaction relating to a Job Request outside of the Truckit.net Site or System.
12.3. Without limiting other remedies available to Truckit.net at law, in equity or under this Agreement, Truckit.net may also 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:
(a) Truckit.net, acting reasonably, believes that the Provider has breached any terms of this Agreement;
(b) Truckit.net is unable to verify or authenticate any information the Provider provides to it; and/or
(c) Truckit.net, acting reasonably believes that the Provider's actions may cause damage and/or legal liability for Truckit.net, other Providers or other Users.
12.4. Truckit.net may terminate this Agreement with immediate effect if:
(a) the Provider breaches any term of this Agreement and such breach is not rectified within seven (7) days of the Provider being notified by Truckit.net in writing or immediately if such breach is not capable of remedy; or
(b) the Provider becomes subject to any kind of insolvency event.
12.5. Truckit.net has no obligation to disclose the reason for actions taken under this section 12.
12.6. All decisions are final.
13. Prohibited Activities
13.1. Truckit.net may limit, suspend or remove the Provider's account if we suspect you have engaged in prohibited activities in connection with use of the Site or System. Truckit.net reserves the right, but is not obligated, to edit, amend, or delete any prohibited or malicious content that Providers submit on the Site or System. Providers may not manipulate or attempt to manipulate other Providers' or Users' Truckit.net accounts.
13.2. Other prohibited activities include, but are not limited to:
(a) Asking Users to pay off-site through another form of payment when they have already paid through Truckit.net payment services;
(b) Changing, or in any way attempting to collect from Users, as an additional charge to the total amount agreed upon for the services, other than via use of the Truckit.net fee increase or fee decrease system, or;
(c) Charging users a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on Truckit.net (provided that the shipment was as described on Truckit.net), other than via use of the Truckit.net fee increase or fee decrease system;
(d) Representing or communicating to users that You are to collect the Truckit.net Deposit Fee or Booking Fee;
(e) Improperly influencing in any manner, or causing another to improperly influence or manipulate in any manner the feedback of the User;
(f) Posting and/or copying and pasting the content of a User feedback review from the Truckit.net Site to your own personal or business website, to any other third-party website, and/or on any of your own personal, business, or third-party marketing/advertising materials regardless of form;
(g) Causing 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 Truckit.net Deposit Fee, Booking Fee, or additional or ongoing Job Requests from the User;
(h) Entering into any transaction, letter of intent, or memorandum of understanding, written or verbal, formal or informal agreement, with a User, that circumvents or avoids our right to a Deposit Fee or Booking Fee;
(i) Communicating or corresponding, whether by written, verbal, or electronic means, with a User, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Deposit Fee or Booking Fee;
(j) Entering personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, or email addresses or social media accounts to allow the User to contact the Provider off-site or to offer delivery of the Job Request off-site;
(k) Using personal contact information, such as but not limited to: website addresses, fax numbers, phone numbers, street addresses, email addresses, or social media accounts, obtained through the Truckit.net site to offer to deliver a Job Request off-site or to offer a Job Request for delivery off-site;
(l) Using the Truckit.net name on your own personal and/or business website in any manner, including in the URL without express written consent of Truckit.net;
(m) Attempting to redirect website traffic from the Truckit.net software platform to your own personal and/or business website in any manner.
14. Truckit.net's Reservation of Rights
14.1. Truckit.net 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 Provider; and
(b) modify or discontinue any services that Truckit.net offers at any time.
15. Intellectual Property/Use of Material on Site
15.1. 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 Truckit.net or its licensors. The Provider acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Truckit.net's intellectual property rights.
15.2. To the extent that the Provider submits any information or material to Truckit.net relating to a Job Request or for otherwise posting on the Site, the Provider automatically grants Truckit.net a licence to use the information or material for the purpose for which it is provided.
15.3. The Provider agrees that access to the Site, and any material or information contained in it, is granted by Truckit.net on the condition that such access is for Provider's own use only and such access may not be sold, used or redistributed for any other purpose.
15.4. 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 Truckit.net's prior written consent.
16. Limitation of Liability
16.1. To the maximum extent permitted by law Truckit.net excludes all liability to the Provider 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 User, Providers generally or the Provider 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 throughTruckit.net or a User, even if Truckit.net has been advised of the possibility of such loss or damage; or
(c) removal or termination of the Provider's access to the System and Site.
16.2. To the maximum extent permitted by law, Truckit.net and all Affiliates and related entities of Truckit.net 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 Truckit.net's sole discretion):
(a) the re-supply of the services provided by Truckit.net; or
(b) the payment of the cost of having those services supplied again.
17. Indemnity
17.1. Provider indemnifies and holds Truckit.net harmless from and against any claims, demands, proceedings, losses and damages (including direct, indirect or special) made by any User or third party arising out of or in relation 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.
18. No Agency
18.1. The Provider acknowledges and agrees that Truckit.net is not the Provider's nor any User's agent.
19. Force Majeure
19.1. Truckit.net 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 Truckit.net's reasonable control including, without limitation, any act of God or other cause including any mechanical, electronic, communications or third party supplier failure
20. Website Links
20.1. Truckit.net'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 Truckit.net. Truckit.net is not responsible for the contents of any third party information, any linked website, or any website link contained in any linked website.
20.2. Truckit.net 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 Truckit.net's Site.
21. General
21.1. Governing Law. This Agreement shall be governed in all respects by the laws of the State of Queensland, Australia. The Provider irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and to the Federal Court of Australia sitting in Queensland.
21.2. 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.
21.3. No Waiver. Truckit.net's failure to take action with respect to a breach by the Provider does not waive Truckit.net's right to take action with respect to subsequent or similar breaches.
21.4. 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.
21.5. Survival. Those clauses capable of surviving termination of this Agreement shall do so.
21.6. Variation. Truckit.net may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms on the Site.
22. Chargebacks
22.1. Under the Truckit Pay payment method, if Truckit.net receives notice of a Chargeback 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:
(a) The Provider must reimburse us for that amount and/or we may set amounts due to the Provider under this clause off against any other payments due by Truckit.net to the Provider or deduct amounts from the Provider's nominated trust bank account and/or nominated business account.
(b) Truckit.net will be discharged from any obligation to remit that amount to the Provider.
(c) The Provider is liable for any extra charge levied on Truckit.net by the bank for the chargeback amount (Extra Amount).
(d) Agree that in any event that the Providers bank account is not capable of being debited for the chargeback for any reason, Truckit.net will invoice the Provider for the chargeback amount which the Provider must pay within 7 days of receipt.
23. ABN and Invoicing
23.1. Transport providers must supply the correct information in regards to their business, ABN and GST registration status.
23.2. Providers consent for Truckit to issue tax compliant invoices on behalf of their business for services provided by their business in response to jobs generated through Truckit.
23.3. Providers understand and accept that Truckit.net 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.
Truckit.net Terms and Conditions - User Agreement
By using the System and/or the Site you, the "User", agree to be bound by the terms of this Agreement with Truckit.net Pty Ltd ACN 627 942 027 trading as Truckit ("Truckit.net").
1. Definitions and Interpretations
1.1. In this Agreement the following terms have the following meanings:
Account ID means the unique username and account recorded on the Site or System for the User, and which:
(a) the User may access and use the Site and System; and
(b) other users can identify the User on the Site and System.
Accept means where the User and Provider agree to the provision of freight/transport services arising out of a Job Request, on agreed Provider Terms.
Affiliate means a party who is a referrer of internet traffic or Jobs, as the case may be.
Agreement means this document and any other documents included specifically by reference.
Booking is when the Provider has been successfully matched with a User for the provision of Provider Services.
Book Now Quote means an instant freight price presented to the User for Acceptance, generated using Truckit.net's proprietary freight data in combination with one or more of matching algorithms, Artificial Intelligence and Machine Learning calculation methods.
Instant Booking means where the User has Accepted a Book Now Quote, or where the User has put forward a User Offer which has been Accepted by the Provider.
Standard Provider Terms means generic freight terms that apply to all Instant Bookings, and which can be found here.
Deposit Fee is the deposit the User pays to accept a Quote and secure the services of a Provider who has placed a Quote to transport the User's freight.
Job means the provision of freight/transport services by a Provider to a User that arises out of a Job Request.
Job Request means a request made by the User using the System seeking offers for the provision of freight/transport services from Providers. The information in the request is used to produce Quotes, and any alteration to the information supplied may subsequently alter the Quotes.
Platform Fee means a fee charged by Truckit.net for use of the Site or System, which is in addition to the Deposit Fee and is not deducted from the total amount of a Quote.
Provider means any person or entity being a transport services provider who submits or may submit a Quote offer in respect of a Job Request;
Provider Services means the freight (and any other associated) services that a Provider offers and/or supplies to one or more Users.
Provider Terms means the terms and conditions of the Provider which govern delivery of the Provider Services, and include the Standard Provider Terms which govern an Instant Booking.
Quotes means the price provided by a Provider to perform the Job Request, and includes Book Now Quotes.
Refund means a refund provided, or that may be provided, on the terms of this Agreement.
Refund Request means a request to cancel a Job after the User has accepted a Provider Quote and after the User has paid the Deposit Fee to secure the Provider Services.
Site means the website operated by Truckit.net at www.truckit.net;
System means the system operated by Truckit.net as described in this Agreement, and as developed by Truckit.net from time to time; and
Truckit Pay is Truckit's secure payment service facilitated by payment service provider Zai Australia Pty Ltd ("Zai"), which is provided to ensure protection of User funds until completion of the Job, and to ensure Providers are paid promptly upon confirmed completion of a Job.
User is the party to this Agreement with Truckit.net , where such Agreement is entered into through use of the Site and System as outlined above.
User Offer means a Job Request put forward by a User seeking acceptance of a set price.
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. User Eligibility
2.1. The System is available only to:
(a) natural persons aged 18 years old and over; and
(b) legal entities, which are not Affiliates.
2.2. The User represents and warrants that he/she is 18 years old or over. If the User is a company or other legal entity, the person purporting to represent the User represents and warrants that they have authority to bind the entity to this Agreement and that they are 18 years old or over.
2.3. Information required by the Site and System for registering with Truckit.net will be used by Truckit.net in accordance with Truckit.net's Privacy Policy which is available on the Site, or by clicking the following link: http://www.truckit.net/privacy-policy
2.4. User agrees to only submit true and accurate registration and Account ID information to the Site or System as the case may be.
2.5. User agrees that registration and Account ID information will be kept up to date from time to time during the period that the User maintains an Account ID on the Site, and that this forms a condition of the User's eligibility to use the Site or System.
2.6. User's access to Truckit.net is conditional on User agreeing that Truckit.net may log the User'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 Users with Providers. The System and Site acts as a forum for Users and Providers to request and provide Quotes respectively and agree on prices and enter into an agreement regarding the provision of freight services by the Provider for each Job. Users may choose a Provider on the basis of price or one or more other factors. Truckit.net is as a neutral facilitator and the User acknowledges and agrees Truckit.net is not directly involved in the transactions and arrangements between Users and Providers. Such transactions and arrangements with Providers will be subject to the Provider Terms.
3.2. The User acknowledges that Truckit.net will not (absent special circumstances) reveal the identity and details of any Provider to a User prior to the time of entry of an agreement with a Provider for a Job, such identity to be revealed only upon (or just prior to) the entry of an agreement with that Provider for a Job.
3.3. The User is free to cancel the appointment of a Provider for a Job at its sole discretion, subject to the Provider Terms.
3.4. The User must act in accordance with the User Rules which are set out at the following link: here
4. Book Now Quotes, User Offers and Instant Bookings
4.1. To assist both Users and Providers to rapidly reach agreement and match the needs of Users with Providers, Truckit.net may:
(a) Provide a Book Now Quote to the User to facilitate the quoting and booking process; or
(b) Allow the User to put forward a User Offer which the Provider can accept.
4.2. The Book Now Quote is a price estimate using historical Provider rates and is generated by the System reflecting the information provided by the User when completing the Job Request. The Book Now Quote will vary depending on a number of factors including but not limited to when they are requested and the desired collection and/or completion date.
4.3. If a Book Now Quote is Accepted by the User or a User puts forward a User Offer:
(a) Truckit.net will inform matched Providers of the Book Now Quote or User Offer, following which Providers may either Accept the Book Now Quote or User Offer, or counter-quote.
(b) Accepting the Book Now Quote or User Offer is at the Provider's discretion.
(c) Truckit.net will use its reasonable endeavours to try and find a Provider to undertake the Instant Booking and entice Providers to either Quote or Accept the Job Request.
(d) If Truckit.net is unable to find a Provider who will undertake the Job, or such Provider decides not to Accept the Job Request, Users will be notified in writing or by telephone.
4.4. If a Book Now Quote or User Offer is Accepted by the Provider:
(a) The User agrees to be bound by the Standard Provider Terms for the Job.
(b) The User will have the right to cancel an Instant Booking without repercussion if notice is provided at least 24 hours prior to the agreed pick-up date or earliest listed pick-up date, whichever is earlier.
(c) If the Provider Services required materially differ from what is detailed in the Job Request, the Provider shall have the right to cancel the Job.
(d) Additional charges may apply if the Provider Services required and subsequently booked differ upon the arrival of the Provider.
5. Quotes, Bookings and Fees (off-site and/or Truckit Pay)
5.1. A Job is secured once the User accepts a Quote or puts forward a User Offer which is Accepted by the Provider, and pays:
(a) the Quote Amount or the Deposit Fee (depending upon the payment terms of that Quote); and
(b) the Platform Fee (if applicable).
5.2. Truckit Pay is Truckit's secure payment service facilitated by payment service provider Zai Australia Pty Ltd ("Zai"), which is provided to ensure protection of User funds until completion of the Job, and to ensure Providers are paid promptly upon confirmed completion of a Job.
5.3. Payment services provider Zai Australia Pty Ltd ("Zai") has been engaged to collect monies on behalf of the Provider in relation to Accepted Quotes where Truckit Pay has been selected as the relevant payment service. By using the Truckit.net Site and System the Provider agrees to the terms of the End User Agreement with Zai and accepts that collection of the Deposit Fee and any other relevant fees will be made by Zai on behalf of the Provider. A copy of the Zai End User Agreement can be found here: https://www.hellozai.com/company/policies/end-user-agreement.
5.4. In limited circumstances (depending upon the payment terms of that Quote) Truckit.net may allow payment of the balance of the Quote amount (Quote minus the Deposit Fee) to occur outside the Site and System, "off-site". In this circumstance, the Provider will only charge the User for an amount equal to the Quote price minus the Deposit Fee and Platform Fee (if applicable). Such payment from the User to the Provider remains subject to the Provider Terms for the Job but may be made between the User and Provider directly.
5.5. When you accept a Quote, we may charge you a Platform Fee. The Platform Fee amount is dependent on the shipment in question and, where applicable, this Platform Fee is displayed before you accept a Quote. This Platform Fee acts solely to cover the provision of the online neutral venue supplied by Truckit.net, it carries no liability or obligation in regards to the actual services undertaken by your chosen Provider (in accordance with clause 3.1 above).
6. Payment and Payment Methods
6.1. Adding a Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Truckit.net account so it can be used for a future transaction. You can remove the Payment Method from your Truckit.net account as long as it is not associated with an active or future transaction.
6.2. When you add a Payment Method to your Truckit.net account, you may be asked to provide billing information such as name, billing address, and financial instrument information either to Truckit.net or its third-party payment processor(s). You authorize Truckit.net and its payment service providers to collect and store your Payment Method information.
6.3. Automatic Update of Payment Method. If your Payment Method's account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
6.4. Payment Authorization. You allow Truckit.net 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 Truckit.net account.
6.5. Truckit.net 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 Truckit.net 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.
6.6. To the extent you receive any funds in error, you agree to immediately return such funds to Truckit.net
6.7. If Truckit.net is unable to collect any amounts you owe under these terms, Truckit.net may engage in collection efforts to recover such amounts from you.
7. Cancellations and Refunds
7.1. If a User wishes to cancel a Job, or cannot complete a Job as the case may be, they must submit a Cancellation Request on the Truckit.net platform.
7.2. Truckit.net 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 Job 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 in full and be able to be reviewed.
7.3. Upon review, if Truckit.net can substantiate the information in a Cancellation Request from a User and if Truckit.net is reasonably satisfied that the monies paid should be returned to the User then the monies paid will be refunded to the User as Truckit.net Credit or Cash.
7.4. Truckit.net may decide in its absolute discretion to refund the monies paid back onto the User's original payment method instead of Truckit.net Credit.
7.5. For an Instant Booking, clause 4.4(b) shall apply.
7.6. Cancellation of a Job will be attributable to the Provider where:
(a) the User and the Provider mutually agree to cancel the Job; or
(b) following reasonable but unsuccessful attempts by a User to contact a Provider to perform the Job, the Job is cancelled by the User; or
(c) the Provider cancels the Job.
7.7. A Cancellation of a Job will be attributable to a User where:
(a) the User cancels the Job (other than in accordance with clause 7.6(b)).
7.8. Cancellation fees may apply according to the Provider Terms. If the parties negotiate an amendment to any cancellation fee payable under the Provider Terms for Job, it is the responsibility of the party aggrieved to provide evidence to any negotiated amendment to Truckit in order for Truckit to process the cancellation, or claim any amount owed directly from the other party.
8. Truckit.net Credit
8.1. Truckit.net Credit:
(a) can be used by the credited User to pay for any new Jobs booked via the Truckit.net platform;
(b) is not refundable or redeemable for cash, unless otherwise specified in the Truckit.net rules;
(c) cannot be replaced, exchanged or reloaded or transferred to another card or account;
(d) is valid for 12 months from the date on which that particular Truckit.net Credit is applied to a User's account, the date of issue or purchase or any expiry date applied by Truckit.net;
(e) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Truckit.net's prior written permission.
8.2. The User credited with a Truckit.net Credit is solely responsible for the security of any Truckit.net Credit. Save for the non-excludable conditions, Truckit.net will have no liability for any loss or damage to the Truckit.net Credit and does not have any obligation to replace Truckit.net Credit.
8.3. Truckit.net will not accept, and may refuse or cancel, any Truckit.net Credit which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or is otherwise fraudulent and Truckit.net reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities.
9. Disclaimer and Acknowledgements
9.1. Truckit.net provides the introductions to Users 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 User or Provider. To the maximum extent permitted by law, Truckit.net excludes any representation or warranty concerning Users, other Providers, the System, the Site or any third-party website referred to via the Site or System.
9.2. Truckit.net 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.
9.3. Truckit.net endeavours 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 User agrees and acknowledges that the Site may experience interruptions and access difficulties from time to time and that Truckit.net 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.
9.4. Without limiting the foregoing, the User acknowledges that:
(a) Truckit.net does not check the truth or currency of the material or information that Providers or Users provide or make available through the Site or System;
(b) Truckit.net 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;
(c) Truckit.net does not offer or provide professional advice to Users on the fitness for purpose of any goods, services or information supplied by any third parties including the Provider;
(d) Truckit.net is not a party to any transactions between User and Provider and it is the User (and, for the avoidance of doubt, not Truckit.net) who is responsible for paying the Provider for all Jobs and all Provider Services. Truckit.net cannot and will not guarantee the ability of Users to complete payment for any of the Provider Services;
(e) the Provider shall be responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);
(f) Truckit.net 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
(g) to the extent permitted by law, Truckit.net 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 or delay in Truckit.net doing any thing, including, but not limited to transmitting any information between Users and Providers or removing any information from the Site or any User from the System.
9.5. The User agrees that to the maximum extent permissible by law Truckit.net and all affiliates and related entities of Truckit.net shall have no responsibility for the actions of Users and other Providers.
10. Feedback Feature of Site
10.1. The User acknowledges and agrees that User may only use the user feedback system to post comments, compliments, criticisms and other observations regarding Providers on the Site that are honest, fair and reasonable and which can be substantiated.
10.2. The User 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 Truckit.net as, non-confidential and non-proprietary and Truckit.net may use such material without restriction.
10.3. The User 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.
10.4. The User agrees not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users of the Site.
10.5. The User agrees not to impersonate any other person when posting material to the Site.
10.6. The User acknowledges that any material it posts to the Site may be removed or modified by Truckit.net from the Site without notice at any time.
10.7. Truckit.net does not warrant to the User that it or Providers will respond to questions or comments submitted by User to the Site.
11. User Warranties
11.1. The User agrees and warrants to Truckit.net 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 users 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 Truckit.net'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 Truckit.net;
(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 Truckit.net's infrastructure;
(g) not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Truckit.net 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 Truckit.net with complete and accurate contact details when using the System enabling Providers to contact User as requested;
(k) complete and pay for any transaction agreed with a Provider 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 User has no title or other right.
12. Right to Suspend or Remove Users
12.1. Truckit.net reserves the absolute right to reject or suspend the User's participation, or remove the User from participation with the Truckit.net Site or System at any time and for any reason or for no reason and without notice to the User. Truckit is not liable for any damage or loss resulting from such hold, suspension, or removal. Events and scenarios which may result in the suspension or removal of your participation include but are not limited to:
(a) Prohibited activities detailed in clause 13;
(b) abusive or hostile behaviour;
(c) unresolved disputes;
(d) committing fraud or violating this Agreement; or
(e) poor performance on the site (high cancellations, negative feedback, etc.).
12.2. Without limiting other remedies available to Truckit.net at law, in equity or under this Agreement, Truckit.net may also immediately issue a warning or temporarily or indefinitely suspend the User's access to the System and refuse to provide services to the User if:
(a) Truckit.net, acting reasonably, believes that the User has breached any terms of this Agreement;
(b) Truckit.net is unable to verify or authenticate any information that the User provides to it; and/or
(c) Truckit.net acting reasonably, believes that the User's actions may cause damage and/or legal liability for Truckit.net, Provider or other Users.
12.3. Truckit.net may terminate this Agreement with immediate effect if:
(a) the User breaches any term of this Agreement; or
(b) the User becomes subject to any kind of insolvency event.
12.4. Truckit.net has no obligation to disclose the reason for actions taken under this section 12.
12.5. All decisions are final.
13. Prohibited Activities
13.1. Truckit.net may suspend or remove the User's account if we suspect you have engaged in prohibited activities in connection with use of the Site or System. Truckit.net reserves the right, but is not obligated, to edit, amend, or delete any prohibited or malicious content that Users submit on the Site or System. Users may not manipulate or attempt to manipulate other Users' Truckit.net accounts.
14. Truckit.net's Reservation of Rights
14.1. Truckit.net 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 User; and
(b) modify or discontinue any services Truckit.net offers at any time.
15. Intellectual Property/Use of Material on Site
15.1. 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 Truckit.net or its licensors. The User acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Truckit.net's intellectual property rights.
15.2. To the extent that User submits any information or material to Truckit.net relating to a Job Request or for otherwise posting on the Site, the User automatically grants Truckit.net a licence to use the information or material for the purpose for which it is provided.
15.3. The User agrees that access to the Site, and any material or information contained in it, is granted by Truckit.net on the condition that such access if for the User's personal use only and may not be sold, used or redistributed for any other purpose.
15.4. The User 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 Truckit.net's prior written consent.
16. Limitation of Liability
16.1. To the maximum extent permitted by law Truckit.net excludes all liability to the User 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 users, the User, or a Provider 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 Truckit.net or a Provider, even if Truckit.net has been advised of the possibility of such loss or damage; or
(c) the removal or termination of the User's access to the System and Site.
16.2. To the maximum extent permitted by law, Truckit.net Truckit.net expressly limit its liability to the User 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 Truckit.net's sole discretion):
(a) the re-supply of the services provided by Truckit.net; or
(b) the payment of the cost of having those services supplied again.
17. Indemnity
17.1. User indemnifies and holds Truckit.net harmless from and against any claims, demands, proceedings, losses and damages (including direct, indirect and special) made by any other User, third party or a Provider arising out of or in relation to the User's use of the Site or the System, or its breach of this Agreement, or the User's violation of any law or the rights of a third party.
18. No Agency
18.1. The User acknowledges and agrees that neither Truckit.net nor the Provider is the User's agent. The User is free to accept or reject its appointment of a Provider, or cancel the appointment of a Provider for an Instant Booking, at its sole discretion.
19. Circumstances beyond Truckit.net's control
19.1. Truckit.net will not be liable for any failure or delay in the performance of its obligations to the User if that failure or delay is due to circumstances beyond Truckit.net's reasonable control including, without limitation, any act of God or other cause including any mechanical, electronic, communications or third-party supplier failure.
20. General
20.1. 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.
20.2. Governing Law
This Agreement shall be governed in all respects by the laws of the State of Queensland, Australia. The User irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and to the Federal Court of Australia sitting in Queensland.
20.3. 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.
20.4. No Waiver
Truckit.net's failure to take action with respect to a breach by the User does not waive Truckit.net's right to take action with respect to subsequent or similar breaches.
20.5. 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.
20.6. Survival
Those clauses capable of surviving termination of this Agreement shall do so.
20.7. Variation
Truckit.net may modify this Agreement at any time and such modifications shall be effective immediately upon posting the new or revised terms on the Site.
1.1 Understand and abide by the Truckit.net Terms and Conditions - Transport Provider Agreement in full
1.2 honour a transaction contract formed with a User;
1.3 provide the services for which payment was accepted; and
1.4 include all taxes, including GST, and fees payable by the Customer for the transport services in any Quote, excluding any import or export duty payable on the goods transported.
2. Providers must not:
2.1 bid against their own Quote, or have associates, or employees do so;
2.2 significantly misrepresent their services by not meeting the terms and services description outlined in the Quote;
2.3 refuse to accept payment for a service if their Quote is accepted; or
2.4 attempt to contact users directly prior to their Quote being accepted, or make their business identity or contact information available to users by the use of photographs, images, text, logos, website addresses, fax numbers, phone numbers, street addresses, email addresses, Twitter Account or Social Media Accounts.
3.1 Understand and abide by the Truckit.net Terms and Conditions - User Agreement in full.
4. Users must not:
4.1 Submit their own quotes to decrease Quotes made by Providers. Users bidding for the provision of services must be wholly independent from the buyer of those services.
4.2 Neither Users nor Providers may interfere with a transaction or offer to buy or supply transport in response to a User's listing outside of the Site.
6. 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 these Rules. Users are able to 'flag' aspects of the Site that do not comply with these Rules. White flags are located in areas to enable flagging, reporting and feedback, including but not limited to the messages and Quote terms sections. 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 any User who has violated the Terms and Conditions - User Agreement at Truckit's sole discretion.
7. It is a violation of Truckit.net's rules to post any of the following in a message or a quote:
(a) Phone Numbers
(b) Email Addresses
(c) Company Names
(d) Personal Names
(e) Web Addresses
(f) Fax Numbers
(g) Twitter Account or Social Media Account.
If you purchase insurance, the information you provide during the Online Quote and Purchase (including the answers to any questions we have asked you) will form part of your application for insurance. Therefore before commencing the Online Quote it is very important that we have explained your Duty of Disclosure obligations.
What you must tell us? When answering our questions, you must be honest and you have a duty under law to tell us anything known to you, and which a reasonable person in the circumstances, would include in answer to the question. We will use the answers when deciding whether to insure you and anyone else to be insured under the policy, and on what terms.
Who does the duty apply to? It is important that you understand you are answering our questions in this way for yourself and anyone else that you want to be covered by the policy.
What happens if you fail in your duty? If you do not answer our questions in this way, we may reduce or refuse to pay a claim, or cancel the policy. If you answer our questions fraudulently, we may refuse to pay a claim and treat the policy as never having existed.
By proceeding you agree that you have read and understand your Duty of Disclosure.
TRUCKIT.NET Pty Ltd ABN 60627942027 (‘Truckit’) through a distribution arrangement with NTI Limited (ABN 84 000 746 109 AFSL 237246) ("NTI", "we" or "us") through a widget on their website provides access to NTI’s Shipping and Delivery Insurance Platform enable you to purchase NTI's “Shipping and Delivery Insurance” insurance products, other products and services.
1. Truckit and NTI
We are here to listen to you and welcome your feedback or suggestions.
You can contact us by emailing truckit@nti.com.au
By accessing, viewing or using Truckit, you agree to Truckit’s Terms and Conditions, and the standards and guidelines as a Truckit User.
For support on the Truckit platform please contact: support@truckit.net
2. Accessing Truckit & NTI’s Shipping and Delivery Insurance
2.1 When you access the Truckit platform as a registered log-in User with your personal log-in some parts and functions of Truckit are only accessible to You if you are registered with Truckit and have "logged in".
2.2 You must be at least 18 years of age to register for a personal log-in.
2.3 All information which forms part of your registration for Truckit must be true and correct, and you must not represent yourself as any other person or business when submitting your details. Any misrepresentations or false information will result in immediate suspension or cancellation of your access and access to NTI’s product and services.
2.5 We reserve the right to verify the authenticity of all Truckit applications and where they differ to Truckit login requirements periodically.
2.6 You must not provide your personal login account or password to any other person, or allow any other person to use your personal login. If you suspect unauthorised use of your account you should immediately contact the NTI Customer Care team via truckit@nti.com.au
2.7 When you become a Truckit log-in user you agree to receive emails from Truckit and NTI Limited, and any of its related companies which may partner with Truckit and NTI to provide news, special offers, products and services that you might be interested in, including any updates from Truckit. If you don't wish to receive these emails, you may change your preferences options within your Truckit account. If you are a Truckit customer that has previously opted out of these communications and the email address you nominated previously is the same as the email you nominate when you register for Truckit we will continue to honour your earlier preference. If you continue to receive emails from Truckit after notification please contact Truckit support: support@truckit.net
If you have purchased insurance from NTI and no longer wish to receive emails please contact the NTI Customer Care Team via truckit@nti.com.au
Should you receive communications after notification, then please contact the NTI Customer Care Team via truckit@nti.com.au
2.8 Notwithstanding anything in term 2.7, Truckit log-in users agree that Truckit and NTI will contain general promotional material from Truckit and NTI and may contain promotional material from other parties associated with Shipping and Delivery Insurance.
3. User content viewed by Truckit Log-In Users when accessing Shipping and Delivery Insurance
3.1 Truckit Log-In Users acknowledge and accept that when uploading Submissions they must exercise discretion as to the content of such personal information or other information capable of identifying specific people, vehicles and/or their physical locations is uploaded for User or public access. To the extent permitted by law, Truck-It and its Log-In Users are enabled by Truckit’s platform to access NTI Limited as issuer of the general insurance products and services on this platform. NTI and Truckit, or any of its associated entities or providers accepts no responsibility for any loss, damage, injury or grievance arising from or in any way involving a Truckit Log-In Users uploading content to Truckit.
3.2 When you make Submissions to Truckit, unless we advise otherwise, you grant NTI Limited and Truckit licence to non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable rights to use, reproduce, modify, adapt, publish and display such Submissions for any purpose in any media (including but not limited to, generation of general insurance products, Policies and Schedules, the ability to assist policyholders of any Shipping and Delivery Insurance and associated claims, services, company brochures, advertising and other marketing materials), without compensation, restriction on use, attribution or liability.
3.3 You are fully responsible for the Submissions you provide us. To the full extent permitted by law NTI, Truckit or its associated entities or providers shall not be liable in any way for such a Submission and shall not be deemed or considered to in any way authorise, endorse, approve or support any material submitted by a Truckit Log-In User. Truckit may screen and/or remove and/or request that the third party operator of any social media site or website remove any Submissions without notice for any reason it deems appropriate.
4. If you are a business owner and believe that your business has at any time been inaccurately represented as Log-In User in the Truckit or NTI space, please contact us via email on truckit@nti.com.au
5. Private transactions
5.1 Notwithstanding Term 13.2, Truckit accepts that Log-In Users may communicate directly to Truckit and NTI by using the Truckit and NTI platforms for the purpose of purchasing general insurance products and services ("Private Transactions").
5.2 To the extent permitted by law, NTI nor Truckit or their associated entities does not accept any responsibility for any loss whether direct, indirect, financial or otherwise, any damage, injury, death, claim, grievance or dispute arising from or in any way involving any activity associated with Private Transactions.
5.3 Truckit Log-in Users agree that Truckit will not be a party to any Private Transaction and in no way warrants the existence of any property offered, its condition, fitness for use where there may be registration, re-registration, repair, restoration, road use, or the representation(s) made by any Log-In User through this forum. Log-In Users agree to authenticate any information provided to NTI for any general insurance products and services required disclosures related to a Private Transaction before proceeding.
5.4 Truckit is a NTI Shipping and Delivery Insurance distributor through its website, does not act as an intermediary or authorised representative of any Log-In User with respect to any Private Transaction and is not responsible for the terms of any Private Transaction relating to general insurance products and services or for in any way mediating or resolving any dispute between Log-In Users. Truckit encourages its Log-In Users to resolve any disputes in relation to a Private Transaction by way of good faith negotiation with one another, or otherwise by exercising their legal rights.
5.5 Truckit Log-In Users participating in a Private Transaction agree to take reasonable precautions and where necessary seek expert advice before and during the conduct of the Private Transaction.
5.6 You indemnify Truckit (including for any legal costs Truckit incurs) in relation to any claim, demand or action against NTI’s Shipping and Delivery Insurance, or any cost Truckit incurs, arising from the breach of these terms or from any fraudulent, misleading, unfair conduct on your behalf in relation to a Private Transaction.
6. Compliance requirements
Where there are any circumstances where there is non-compliance with these terms and those outlined which may lead to Truckit undertaking a notification of your non-compliance of the terms of use, the notification will include the change to your Log-In User status, access to NTI Shipping and Delivery Insurance products and services and permanently cancel your access to both Truckit Log-In User and consequently NTI Shipping and Delivery Insurance platforms.
7. Cancellation of Truckit Log-In User
7.1 Truckit Log-In Users can cancel their Truckit Log-In access at any time by closing your account in the Account settings Interface.
7.2 By cancelling Your Log-In User access You acknowledge that any personal information and any uploaded content will be retained by Truckit and NTI. Cancellation of Log-In Users will result in the Log-In User no longer being able to log-in to Truckit to access any Submissions made with Truckit or NTI which have been uploaded, unless Log-In User access is reinstated, or where permission is sought in writing by the Log-In User by contacting Truckit.
8. NTI/Truckit: Any NTI Shipping and Delivery Insurance Product(s) or Services, or other services on Truckit and NTI Shipping and Delivery Insurance Website
8.1 Where there is reference to Insurance products it will mean: Insurance products are provided by National Transport Insurance, a joint venture of the insurers Insurance Australia Limited trading as CGU Insurance ABN 11 000 016 722 AFSL 227681 and AAI Limited Trading as Vero Insurance ABN 48 005 297 807 AFSL 230859 each holding a 50% share. National Transport Insurance is administered on behalf of the insurers by its manager NTI Limited ABN 84 000 746 109 AFSL 237246.
8.2 Unless expressly stated otherwise no goods, service or insurance product or any information on Truckit website purports to provide you with financial product advice. And any other information available on Truckit’s website does not take into consideration your personal circumstances or specific insurance, goods or services needs. You should always read the Product Disclosure Statement (“PDS”) for any insurance product you are interested in and consider whether you require independent advice before acting upon any of Truckit’s content. You can read the PDS for the product you are interested under https://www.nti.com.au/shipping-delivery-insurance or via email on truckit@nti.com.au for a free copy of the PDS. Truckit will only provide Log-In User access to NTI Shipping and Delivery Insurance's offers of insurance for, and from within, Australia.
9. Third party sites
NTI Shipping and Delivery Insurance and Truckit may contain links or references to third party sites. Unless explicitly stated, we do not endorse or approve of such sites and are not responsible or liable for the content of those sites. Your access to and use of third party sites is at your own risk.
10. Limitation of liability
10.1 While NTI’s Shipping and Delivery Insurance and Truckit take reasonable steps to ensure that information is free from error, to the extent permitted by law, NTI’s Shipping and Delivery Insurance and Truckit does not warrant the accuracy, reliability, currency or completeness of Log-In Users Submissions, General Insurance products and services and other services, and the relevance of their content. All information is subject to change without notice. To the extent permitted by law, NTI’s Shipping and Delivery Insurance and Truckit’s liability for breach of any implied warranty and condition which cannot be excluded is restricted to limited circumstances as provided in our Legal reference. All terms implied by law, except those that cannot be lawfully excluded, are excluded.
10.2 To the extent permitted by law, NTI and Truckit and their respective directors, employees, partners, contractors and related bodies corporate are not liable to You for any losses, damages, liabilities, claims and expenses including but not limited to legal costs and defence or settlement costs whatsoever, whether direct, indirect or consequential, arising out of or referable to any Log-In User Submissions, general Insurance, Roadside Services and other services, and its content or functionality, or to access or inability to access Truckit by You, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
11. Indemnity
You agree to indemnify Truckit and NTI or any of their related bodies corporate in respect of any liability incurred by Truckit or NTI or any of their related bodies corporate for any loss, cost, damage or expense, howsoever caused, suffered by Truckit or NTI or any of their related bodies corporate as a result of your breach of these terms or your use of Truckit Log-In and NTI access.
12. Availability of Truckit User Log-In and NTI Platform Widget
12.1 As electronic services are subject to interruption or breakdown from time to time, access to Truckit or NTI’s Shipping and Delivery Insurance platforms is being offered on an "as is" and "as available" basis only, and Truckit and NTI’s Shipping and Delivery Insurance may be required to impose limits or restrictions on your use. Truckit and NTI Shipping and Delivery Insurance does not guarantee that Truckit and NTI’s Shipping and Delivery Insurance Platform will be free from viruses, or that access to Truckit, NTI and NTI’s Shipping and Delivery Insurance websites and platforms will function as intended or be uninterrupted. You are required to ensure you undertake all necessary security, technical, maintenance checks, meet all required legal or regulatory conditions, or where there is any non-compliance or breach of these terms, We may withdraw your access to Truckit’s, NTI’s or NTI’s Shipping and Delivery Insurance website and platforms at any time and without notice to you.
12.2 Any cost associated with accessing Truckit, NTI and NTI’s Shipping and Delivery Insurance website and platform is your responsibility and is dependent on the internet or telecommunications software and service provider You use.
13. Restrictions on use
13.1 The Submissions and other content of Truckit and NTI’s Shipping and Delivery Insurance website and platforms is provided solely for bona fide personal or commercial customers only. You agree that you will not, (either yourself, your representative or through any other third party):
(a) use any automated method to process, monitor, copy or extract any Truckit’s or NTI’s Shipping and Delivery Insurance platforms or web pages, or any of the submissions, information, content or data contained within or accessible through Truckit Log-In User access to NTI’s Shipping and Delivery Insurance for Insurance, Roadside Services or any other products and services provided without our prior written permission;
(b) use any Automated method to process aggregate or combine information, content or data contained within or accessible through Truckit’s, NTI or NTI’s Shipping and Delivery Insurance websites or platforms with information, content or data accessible via or sourced from any third party;
(c) use any information on or accessed through Truckit’s, NTI or NTI’s Shipping and Delivery Insurance for any commercial purpose including but not limited to comments, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered by Truckit, NTI and NTI’s Shipping and Delivery Insurance on or through their websites or platforms or otherwise disclosed, submitted or offered by you as a Submission shall become and remain the property of Truckit once you have submitted it and may not be used for Your profit or gain;
(d) use any device, software, process or routine to interfere or attempt to interfere with the proper functioning of the Truckit and NTI’s Shipping and Delivery Insurance website or any transaction or process being conducted on or through Truckit website;
(e) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to Truckit website and NTI’s Shipping and Delivery Insurance platform;
(f) reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with Truckit’s or NTI’s Shipping and Delivery Insurance website and platform; or
(g) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from Truckit’s or NTI’s Shipping and Delivery Insurance website and platform without our prior written permission.
13.2 Other than as permitted as part of an approved Log-In User for Truckit’s or NTI’s Shipping and Delivery Insurance websites must not use the Truckit’s or NTI’s or NTI’s Shipping and Delivery Insurance website and platforms in a commercial manner (as determined by Truckit and NTI in their sole discretion). This includes use of the Truckit and NTI’s website to in any way advertise goods or services offered for routine/repeat sale or by sale by a business of any type.
14. NTI’s Shipping and Delivery Insurance Products and Services
It should be noted that where there is reference to Insurance products it will mean: Insurance products are provided by National Transport Insurance, a joint venture of the insurers Insurance Australia Limited trading as CGU Insurance ABN 11 000 016 722 AFSL 227681 and AAI Limited Trading as Vero Insurance ABN 48 005 297 807 AFSL 230859 each holding a 50% share. National Transport Insurance is administered on behalf of the insurers by its manager NTI Limited ABN 84 000 746 109 AFSL 237246. Unless expressly stated otherwise no goods, service or insurance product or any information on Truckit’s and NTI’s website purports to provide you with financial product advice. You should always read the Product Disclosure Statement (“PDS”) for any insurance product you are interested in and consider whether you require independent advice before acting upon any NTI content. You can read the PDS for the product you are interested under https://www.nti.com.au/shipping-delivery-insurance or via email on truckIt@nti.com.au for a free copy of the PDS. Truckit will only distribute the NTI Shipping and Delivery Insurance product(s) and service behalf of NTI and NTI will provide and issue offers of insurance for and from within Australia to Truckit’s Log-In Users.
15. Copyright and trademarks
15.1 Copyright in the Truckit website content for Truckit, the NTI Insurance, Services and other services is owned by NTI Limited and is distributed by Truckit and may not be used, reproduced, adapted or transmitted without express authorisation.
15.2 NTI and Truckit and any of their related bodies corporate separately reserve their copyright and all other legal rights with respect to their trademarks, whether registered or otherwise. The name “Shipping and Delivery Insurance” and other general insurance products and services utilising icons are registered trademarks of NTI Limited and any other products and services introduced from time to time.
16. Termination
Truckit and NTI reserves the right to terminate your Log-In User access to Truckit’s website and NTI’s Shipping and Delivery Insurance widget at any time. However, all restrictions, licences granted by You, and all disclaimers and exclusions of and limitations on liability of Truckit and NTI will survive any termination.
17. Cookies and Web Beacons
17.1 The Truckit’s, NTI’s and NTI Shipping and Delivery Insurance websites, platforms and widgets may use cookies and web beacons when we interact with you. Cookies are small files stored on a user’s computer and are designed to hold a modest amount of data specific to a particular client and website. Web beacons are used to monitor user behaviour when visiting websites. The information obtained is intended for Truckit and NTI to improve existing products and services, insurance products, and offer new products and services as well as insurance products to you and our customers. This method does not contain any personal identifiable information. You have a choice and can disable cookies on your own web browser. However, if you disable cookies you may not be able to experience all the features of the Truckit and NTI websites, platforms and widgets.
Truckit’s and NTI’s websites, platforms and widgets may from time to time contain links to third party provider sites when offering goods and services. As these sites are not under the control of NTI and Truckit and we are not responsible for the condition which make up the content of these sites.
17.2 End Users
If you are a visitor to either Truckit’s or NTI website, platform, widgets or use a mobile device ‘app’ you will need to read this section in conjunction with Truckit’s and NTI privacy statement at www.nti.com.au/privacy which provides further details regarding the processing of your personal data when using the Truckit and NTI websites, platforms, widget, mobile ‘app’ or other related devices and links to our site.
NTI’s goal is to provide its users/customers with a better experience and service as well as assist them in diagnosing technical problems and analysing our user’s trends. Through NTI’s services in this way, the functionality of the NTI enabled sites and accesses can be improved by providing a more user-friendly, more valuable, and ease of use for the end users.
18. Changes to these terms and conditions
These are the current Terms and Conditions for Truckit’s and NTI’s websites, platforms and widgets at the date of this page for the General Insurance products and other Services provided via the website from time to time. Truckit and NTI may at any time vary these terms for legal, regulatory, privacy or security reasons, and the change will be reflected by the date of change to the services or functionality of Truckit, Insurance and other Services. You accept that such publication will be sufficient notice of the variation, without the need to specifically contact or notify you of the changes. By your use of Truckit’s and NTI’s websites and platforms whether it’s the Insurance, or other services after any variation, you are taken to have accepted the new terms.
19. General
19.1 General Complaints:
The law applicable to the Truckit’s and NTI’s website, and any complaints related to Truckit’s and NTI’s business is the law of the State of Queensland Australia. By using Truckit’s and NTI’s websites, platforms and websites, you irrevocably and unconditionally submit to the jurisdiction of the courts of the State of Queensland, Australia which may hear appeals from those Courts unless directed by a Court of Law.
19.2 Breach of Privacy and Privacy Complaints:
In the event NTI becomes aware of a privacy breach relating to the personal information it has been provided by Truck-It it will:
At NTI, we have an internal dispute resolution process to address such issues. The Office of Australian Information Commissioner (“OAIC”) suggests you allow 30 days for NTI to respond to your privacy complaint, and then you may contact the OAIC with your complaint. If you are not satisfied with our decision you can direct your complaint to the OAIC in 1 of 4 ways:
NTI is committed to protecting your privacy and we maintain robust physical, electronic and procedural safeguards to protect your personal information in our care. Our Privacy Statement governs data collection and usage. We are bound and will protect your personal information in accordance with all relevant legislation. When your personal information is shared with service providers or contractors, it will only be to the extent reasonably necessary for the purpose of the services they are contracted to provide. NTI collects information on your transactions to meet legislation and regulations. To make sure we follow your instructions correctly and to improve our service to you through training of our staff we may monitor or record telephone calls.
NTI may disclose your personal information to third parties:
• who are service providers, contractors or sponsors of our general insurance products and services;
• to facilitate the operation of your Log-In User access with Truckit, purchases and the completion and settlement of transactions using your personal details;
• for anti-money laundering, counter-terrorism financing, detection of crime, legal, compliance and fraud prevention purposes; and
• when required or allowed by law;
20. On-Line Payment Services
Truckit will provide payments services to its Log-In User customers for the purposes of You paying for the purchase of NTI general insurance products and services. We may need to collect personal information about you, and from other organisations, who jointly with us, provide these products, and services to you.
The circumstances in which Truckit and NTI will collect personal information and other information about you, includes when You:
21. How You receive important documents from Us
You will receive important Insurance, Insurance Products and services documents by email from the Truckit and NTI platforms and widgets you are a Log-In User of. Important documents including, but not limited to the following:
Purchase information will be recorded and/or available on your personalised Log-In with Truckit
Insurance Schedule, Confirmation Letters/Emails
23. Purchasing NTI General Insurance Products and Services via Truckit’s on-line platform
When You use Truckit’s website link to purchase general insurance products and services it connects to NTI’s platform where You will learn more about our products, services, and insurance products. But if you decide to buy online then We need you to know some important things.
Buying General Insurance Products and Other Services is a two stage process:
When you apply online for these Insurance Products and Services you will be asked to provide information on our Services options. Subject to our Options selected and payment made we will then send you the Insurance Products and Services you purchased.
Stage Two will be completed when our server has received Your electronic instructions and selections. And those instructions and information you provide us is recorded within our database, allowing your application to be accepted by Us. You will know that You have completed the selection option once you receive your Insurance or Services documents. If you haven’t received Your confirmation documentation from Us, then you will not have completed your purchase from the NTI insurance products/and or Service and you will need to contact us via on (07) 32929952 as soon as possible.
FAQ’s are available to assist you and they provide answers to the many regular questions we receive and these are updated from time to time.
FAQ’s can be found by following this link: https://www.nti.com.au/shipping-delivery-insurance
Purchasing general insurance products and other Services from NTI’s platform via Truckit’s website, platform or widgets involves you providing and sending electronic instructions to Us, and paying for those Insurance products and/or Services. When this has occurred, we will notify you on the screen you are using when purchasing those Insurance Products and Services. We will assume that an electronic instruction is authentic. We have no obligation to authenticate the person issuing or transmitting the electronic instructions, or to verify the accuracy or completeness of the electronic instructions. We may act on electronic instructions received or sent via our general insurance platform, without reference to You.
Any general insurance products or other Services purchased via our Website must be paid for by credit cards we accept. The credit card payments will be accepted and processed by a regulated payment provider. As a Distributor, Truck-it must not accept payments for any insurance products or services. Before you make a purchase and buy a general insurance product or Service or one of our Other Services, you will need to provide us with certain information. You will be prompted through the purchase process on the screen you are using to make the purchase. The amount or amounts must be received in clear funds by the date due or the transaction will fail.
24. Cancelling Your NTI General Insurance Product and Service.
Either You or Your authorised representative must notify us in writing at truckIt@nti.com.au or by phoning NTI Customer Care on (07) 32929952 when cancelling your NTI general insurance product or service, and provide the reference number for your Insurance Schedule, payment transaction, and confirmation as to whether the transit has occurred.
25. No Advice
Neither Truckit nor NTI’s platform or websites propose to provide you with personal, financial or investment advice of any kind. We have not taken into account your individual circumstances. You should consider whether or not the Insurance Products, and any Other Services is appropriate for You.
