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1.TERMS & CONDITIONS OF SERVICES
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS
By using the Site and or any of the two Apps, you agree to comply with, and are legally bound by these Terms and Conditions (“Terms”), whether or not you become a registered User of the Services.
These Terms govern your access to and use of the Site and Apps Services and all Collective Content (defined below) and constitute a binding legal agreement between you and code14.co.za.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site and or any of the two Apps in accordance with these Terms may result in your restriction of access and use of the Services, cancellation of your membership and civil or criminal penalties.
The Services comprise an online Site and Apps through which Cargo Suppliers (as defined, but not limited to) may register Cargo Loads (as defined, but not limited to) to offer to Transporters as loads (consisting of items/goods as defined, but not limited to) and Transporters (as defined, but not limited to) can quote for loads registered by the Cargo Supplier/s. When a Transporter’s quote has been accepted by the Cargo Supplier, the items/goods have to be transported, to include or exclude Cargo Insurance as required by the Cargo Supplier/s in respect thereof. By using any of the Services you understand and agree that LIVE FR8 is not a party to any agreement to load and transport goods entered into between the Cargo Supplier/s and Transporter/s. LIVE FR8 is not and never acts as a transport broker, agent, insurance broker or insurer. LIVE FR8 has no control over the conduct of the Cargo Supplier/ Transporter, Shipper, Insurer and/or other Users of the Site and Services or any Trips, and disclaims all liability in this regard to the maximum extent permitted by law. The only role that LIVE FR8 plays herein is to provide a platform for the users of these Services, (the Cargo Supplier/s and Transporter/s) to access information of each other, cargo transport opportunities which may lead to shipment contracts to be concluded between the parties and ultimately the opportunity to utilize a Rating System of each other designed by this platform.
This Rating System will display public information of the efficiency and quality of the services and history of participant’s performance to enhance the use of this unique system for the benefit and ease of use of all contracting participants. LIVE FR 8 is also not a party to this Rating System and will never be liable to any user or subscriber claims from any participants or any party using the Services or connected to the Services in any way, which may have received a negative rating for performance herein, with or without merits. Live FR8 will not act as a Mediator or Arbitrator for any disputes which may arise between contracting parties or any subscriber that may use the Services of this platform. Live FR8 do not make any representations to any users or subscribers of the Services regarding the quality or efficiency of the performance of any users. Transporters must rate the Cargo Suppliers service, and the Cargo Suppliers must rate the Transporters service.
2. OTHER KEY TERMS:
“Administration Fee” means the fee charged by Live Fr8 to get a load for transportation calculated at a rate per kilometer.
“App Services” means all functions the App has to enable a Transporter and a Cargo supplier to enter into transport agreements with each other.
“Cargo” means all freight, including but not limited to, the goods, packages and/or parcels which are to be transported or are in transit to a delivery address.
“Cargo Category” means classification of the goods and items on offer to Transport on a vehicle.
“Cargo Insurance” means the in-transit cargo insurance as provided by the Insurer, through the Insurance Broker, to the Shipper whether in conjunction with a Trip or as a standalone Service as evidenced by a Certificate of Insurance.
“Cargo Insurance Policy” means the contract that provides coverage against agreed risks of physical loss or damage to freight during the shipment from any external cause during shipping.
“Cargo Supplier” means the entity which have registered on code14.co.za to register Cargo Loads they want transported by road from a specified physical address to be delivered to a specified physical address indicating the required Uplift Date of the specified Cargo and required Delivery Date, the estimated weight of the Cargo and the Cargo Category as per specified field/s on the code14.co.za Web and Apps.
“Cargo Loads” means goods or items offered for Transportation and/or to be Transported on a vehicle.
“Cargo Supplier App” means an Application where Cargo Suppliers can register to capture loads available for transportation, and monitor goods in transit.
“Carrier” means a Transporter registered on code14.co.za, available to transport Cargo from one point to another.
“Certificate of Insurance” shall mean the certificate, evidencing the Cargo Insurance, and which contains, among others, the policy number, details of the Insured, the loading and delivery address, method of transport, value of Cargo, departure and arrival dates coupled with other conditions pertaining to the Cargo Insurance.
“Collective Content” means Member Content and code14.co.za Content.
“Content” means text, graphics, images, music, software, audio, video, data, information or other materials of code14.co.za and/or third parties.
“Delivery Date” means the required date on which Cargo is required to be loaded for delivery by the Cargo Supplier.
“Drivers” means the person who has an I.D. document or Passport, a valid driver’s licence for the vehicle he drives to do deliveries.
“Environmental Commodity(ies)” means, without limitation, any and all commodities, whether tangible or intangible, bearing commercial and/or other value, that have the potential to be and/or are generated/derived as a result of, and which represent a/the measurable, verifiable and/or certifiable environmental benefit(s) arising from, the performance of the Services, including but not limited to carbon, water, biodiversity, air quality and/or ecosystem offsets/credits; notwithstanding their manner of generation/derivation.
“Environmental Commodities Processes” means any and all standards, mechanisms and/or methodologies, whether at the international and/or national level, as may be required to generate/derive Environmental Commodities; including, without limitation, any and all activities, data and/or practical, operation and/or contractual arrangements required for the successful generation/derivation of Environmental Commodities.
“Freight Open Exchange” means that portion of the Web Site and Transporter App which permits Users to search for Cargo Loads and Storage, and for Members, to search, identify and/or quote for a cargo load.
“Insurance Broker” a professional registered legal insurance broker/entity.
“Insurance Fees” shall refer to the premiums and other fees imposed by the Insurer, including any SASRIA premiums if applicable.
“Insured” means the Transporter(s), individual(s) or companies who have elected to purchase Cargo Insurance.
“Insurer” means the underwriting entity.
“Listing” means the Cargo opportunity uploaded by the Cargo suppliers.
“LIVE FR8 Content” means all Contents that code14.co.za makes available on or through the Site and its Apps Services, including any Content licensed from a third party, but shall not include a Member’s Content.
“Member Content” shall refer to Content, which is uploaded, or otherwise posted by a Member, and in terms of which, a Member either owns, or has a valid license in respect of same.
“Members” means all users who register on a code14.co.za App.
“PDP” means Professional Drivers Permit, a permit that was issued pre 1998 to drivers of vehicles that operated on public roads who generate income.
“Permit” means an official document giving someone authorization to do something.
“Premium” means the insurance premium due as applicable for selecting Goods in Transit Insurance by purchasing Cargo Insurance.
“Rating System” means a system of classifying according to quality or merit or amount. Scoring system. classification system – a system for classifying things.
“Registered Cargo load/s” means registered Cargo on LIVE FR8 Web and Cargo Supplier App that needs to be transported. Each registered Cargo Load representing a single transaction and/or Shipment.
“Services” means the actions by the Cargo Suppliers or the transporters shipping Cargo.
“Service Provider” means collectively all service providers to code14.co.za, which shall include, but not be limited to, the Transporter and Cargo Supplier.
“Shipment” means instances where, pursuant to the performance of the Services, Cargo is in transit on a Trip; and/or, instances where, pursuant to the performance of the Services, Cargo has been transported from a point of origin to a point of delivery.
“Shipper” means a person or a company that transports goods by sea, land or air.
“Shipper Fee” means the cost charged to ship items.
“Site” means an area where Cargo must be collected from or transport destination of Cargo.
“Tax/Taxes” means a compulsory contribution to state revenue levied by a government or local authority or added to the cost of some goods or services.
“Technology Services” means an online Web Site, Cargo Supplier App and Transporter App comprising software that connects entities, which have the ability to transport Cargo, with entities seeking to have Cargo transported.
“Transaction Fee” means fee/s the Transporter pays code14.co.za once the Transporter’s quote has been accepted by a Cargo Supplier, to enable the Transporter to enter into a transport agreement for Cargo load/s with the Cargo Supplier.
“Transporter” means a person and/or company which register Vehicles for transport and Drivers of the Vehicles on the LIVE FR8 technology platform (Web Page, Cargo Supplier App and Transporter App.
“Transporter” means an entity which have registered both trucks and drivers, and registered truck/s information as required by LIVE FR8 Transporter App. Each Drivers’ driver’s license, Identity Document or Passport, and PDP’s (when applicable) registered on the LIVE FR8 Transporter App.
“Transporter App” means the App through which Cargo Transporters may source cargo to ship.
“Trip” means a commercial conveyance of Cargo originally comprising a Listing.
“Trip Fees” means the amounts that are due and payable by a Cargo Supplier to the Transporter for the transportation of Cargo. The Transporter alone, and not LIVE FR8, determines these amounts. This excludes Shipper Fee, Referral and/or Administration Fees, Cargo Insurance premiums and the like ancillary charges.
“Uplift Date” means the actual date on which cargo is collected by a Transporter from the Site of a Cargo supplier.
“User” means a person and/or company/entity which completes the required LIVE FR8 account registration process, including but not limited to a Transporter, Cargo Broker, Driver, Agent and/or Shipper.
“Vehicles” means a thing for transporting Cargo, especially on land, such as a car, lorry or cart/trailer.
IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
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3. ACCOUNT REGISTRATION
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4. Site Terms of Use Modifications
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