This Platform is offered and available to users who are 18 years of age or older and have a valid credit card issued in their name (“Basic Requirements”). If you will use the Platform as a driver, you must also meet all of the following driver eligibility requirements—you must: have a valid driver’s license for the class of vehicle you will be driving in association with the Platform; have insurance that will adequately cover you and the value of any goods you transport in association with the Platform, for any losses that occur during such transport; and, a vehicle that meets all safety regulations and requirements in the jurisdiction in which your vehicle is registered and in all jurisdictions in which you will drive in association with the Platform (collectively, the “Driver Requirements”). By using this Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of the Basic Requirements, you may not access or use the Platform. If you do not meet all of the Driver Requirements, you may not access or use the Platform as a driver.
Services Offered by Trusted Dispatch
The services offered to you by Trusted Dispatch consist solely and exclusively of access to and use of the Platform in order for you to arrange and schedule transportation, carrier, shipping and/or logistics services with independent third party providers of such services, including independent third party transportation and carrier providers and independent third party logistics providers under agreement with Trusted Dispatch (“Third Party Providers”). YOU ACKNOWLEDGE THAT TRUSTED DISPATCH DOES NOT PROVIDE TRANSPORTATION, CARRIER, SHIPPING OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR SHIPPER AND THAT ALL SUCH TRANSPORTATION, CARRIER, SHIPPING OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY TRUSTED DISPATCH OR ANY OF ITS AFFILIATES.
Accessing the Platform and Account Security
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you may not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
Fees and Payment
Registered users of the Platform may use the Platform to take part in shipping transactions. Each user’s role in any shipping transaction on the Platform will be either as the user requesting the shipment of a load (the “Shipper”) or the user who: is a qualified, licensed, and insured driver, and has a vehicle capable of shipping loads requested through the Platform (the “Driver”).
You acknowledge that your use of the Platform may result in fees for services and goods you request through the Platform, including all applicable taxes and related charges (collectively, “Fees”). You agree to pay all payable Fees that are associated with your account. We will charge your credit card associated with your account in full for Fees when they become payable. We will make any applicable refunds back to the credit card associated with your account.
Posting a Load and Cancelling a Posted Load
When a Shipper posts a shipment request for a load on or through the Platform (each, a “Posted Load”), the shipping Fees for such Posted Load become due and payable by the Shipper once the Shipper accepts the Driver that has accepted the load for transportation.
Posted Loads and Confirmed Loads
When a Shipper approves and schedules a particular Driver to pick up a Posted Load, that Posted Load becomes a confirmed shipment (each, a “Confirmed Load”). If a Shipper cancels a Confirmed Load (prior to it being picked up by the Driver), then a cancellation fee of 30% of the total Fees for such shipment will apply.
Upon arrival to pick up the Confirmed Load, the Driver has the right to refuse the Confirmed Load if it does not meet the details of the job description as defined on the Platform or for safety reasons. Should the Driver still agree to the Confirmed Load but additional charges are now required to complete the load (e.g.: pilot, permits, etc.), the Driver and Shipper must agree upon any additional Fees as well as a payment schedule. This transaction takes place outside of the Platform and the Company is not responsible for the payment of these fees. If a Driver declines to take a Confirmed Load, the load becomes a Posted Load once again and the Shipper may approve and schedule a different Driver to pick up the Posted Load.
Load Pick-up and Delivery
Once the Driver associated with a Confirmed Load has picked up the shipment, no refunds are available, and the Driver is then responsible for every kind of loss or damage, including to the Driver’s vehicle and the load being shipped, until delivery of the load.
Payment of Driver
The load will be considered delivered and payable when the driver enters the Completion Code provided by the Shipper. Shippers will only provide the Completion Code when they have confirmed that the load has been delivered as expected. Once the Driver uses the Completion Code it is considered irrevocable evidence that the load has been delivered to the Shipper’s satisfaction, and payment will be released by Trusted Dispatch to the Driver. Trusted Dispatch will also accept confirmation directly from the Shipper that the load has been delivered as sufficient and irrevocable evidence to release payment to the Driver.
Changes to a Load After Confirmation
If the Driver and Shipper make changes that impact the Driver’s payment from Trusted Dispatch then Trusted Dispatch must be notified prior to the Completion Code being entered and payment being made to the driver. Extra charges are to be negotiated and collected by the Driver from the Shipper directly. If load costs are to be reduced, then this must be communicated to and agreed by Trusted Dispatch.
Disputes Between the Driver and Shipper
Trusted Dispatch shall consider the successful entry of the Complete Code as the only acceptable evidence of the load being delivered. Any disagreements regarding a load must be negotiated between the Driver and Shipper directly. Final agreement of a dispute will be communicated to Trusted Dispatch before Driver payment.
Driver not Responsive
Drivers must remain responsive via in-app chat and provided email and telephone number. If a Confirmed Driver is not responsive for more than 48 hours then Trusted Dispatch may try to replace the driver with another Driver. If the load is confirmed with another Driver then the non-responsive Driver must surrender the load to the new Driver and will forfeit all claim to payment from Trusted Dispatch for that load.
Shipper not Responsive
Shippers must remain responsive via in-app chat and provided email and telephone number. If a Shipper is not responsive then the Driver may cancel the load and/or demand extra payment due to costs incurred by unreasonable delay. If the load is delivered and the Shipper does not promptly provide a Completion Code to the Driver, then Trusted Dispatch shall make reasonable attempts to confirm with the Shipper via their account contact information that the load was delivered. If the Shipper is unresponsive for more than 30 days to both the Driver and Trusted Dispatch, then the load will be considered delivered and Trusted Dispatch will release payment to the Driver. Trusted Dispatch will not release payment for any reason except correct use of a Completion Code, a Shipper’s direct confirmation to Trusted Dispatch, or passage of 30 days without Shipper response.
Intellectual Property Rights; License Grant
The Platform and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform or republish any of the material on our Platform. You may not reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof.
You may not, without the Company’s prior written consent:
- Modify copies of any materials from the Platform. – Use any illustrations, photographs, video or audio sequences or any graphics outside the Platform. – Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.
The Company name, the terms Trusted Dispatch, “The App That Hauls It All”, “Catch A Driver Coming Through”, “Backhauls, Headhauls or Haul it Right Now!”, “Let’s get loaded”, “Get loaded”, “Where Shippers and Drivers Connect”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks without the prior written consent of the Company. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Platform. – Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform. – Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent. – Use any device, software or routine that interferes with the proper working of the Platform. – Introduce any viruses, malware or other material which is malicious or technologically harmful. – Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, any server on which any portion of the Platform is stored, or any server, computer or database connected to the Platform. – Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. – Otherwise attempt to interfere with the proper working of the Platform.
The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit (collectively, “post”) to other users or other persons content or materials (collectively, “User Contributions”) on or through the Platform.
All User Contributions must comply with the Content Standards.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a royalty-free, perpetual, non-exclusive license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
We do not undertake to review material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (collectively, the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, provincial, state, local and international laws and regulations. Without limiting the foregoing, User Contributions may not:
Reliance on Information Posted
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
##Changes to the Platform
We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Use of the Platform
Linking to the Platform and Social Media Features
You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Platform may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Platform. – Send e-mails or other communications with certain content, or links to certain content, on this Platform. – Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you may not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time, without notice, in our discretion.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or any services or items obtained through the Platform or to your downloading of any material posted on it, or on any website linked to it.
**Your use of the Platform, its content and any services or items obtained through the Platform is at your own risk. The Platform, its content and any services or items obtained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the merchantability, fitness, timeliness, suitability, completeness, security, reliability, quality, accuracy or availability of the Platform, any Third Party Provider or any services you obtain from Third Party Providers. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Platform, its content or any services or items obtained through the Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Platform or the servers that make it available are free of viruses or other harmful components or that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations. **
TRUSTED DISPTACH DOES NOT REPRESENT, WARRANT OR GUARANTEE THE COMPETENCY, QUALITY, SUITABILITY, SAFETY, TIMELINESS, SECURITY, REALIBILITY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF: (A) YOUR USE OF THE PLATFORM, (B) ANY SERVICE OR GOOD REQUESTED IN CONNECTION WITH THE PLATFORM; AND © ANY SERVICE OR GOOD OBTAINED BY YOU FROM ANY THIRD PARTY PROVIDER, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
**To the fullest extent allowed under applicable law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. **
Limitation on Liability
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platform, any websites linked to it, any content on the Platform or such other websites or any services or items obtained through the Platform or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
TRUSTED DISPATCH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM; OR (ii) SERVICES OR GOODS OBTAINED BY YOU FROM A THIRD PARTY PROVIDER, EVEN IF TRUSTED DISPTACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL TRUSTED DISPATCH’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE PLATFORM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED DOLLARS (CAD $500).
TRUSTED DISPATCH’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, CARRIER, SHIPPING, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TRUSTED DISPATCH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, CARRIER, SHIPPING, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Governing Law and Jurisdiction
Waiver and Severability