Terms and Conditions of service
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.
TERMS & CONDITIONS OF SERVICES
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.
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.
1. ACCOUNT REGISTRATION
Account registration is free. In order to access certain features of the Site and to register or quote for a Cargo Load, you must register to create an account (“LIVE FR8 Account”) and become a Member. You may register to join directly via the Site or as described in this section. Cargo Suppliers and/or Transporters are to complete a simple application questionnaire for consideration by LIVE FR8. LIVE FR8 retains the right to decline to register a User on its Site, and may revoke all rights if deemed in its sole discretion if a User of Services violates any of this Terms and Conditions.
The Site, Apps and Services are intended solely for persons who are 18 years or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
3. HOW THE SITE AND SERVICES WORK
The Services can be used to facilitate the registration of Cargo Loads and quote for the transportation of the registered Cargo Loads. The Trips can be monitored LIVE. All Cargo transported data is stored for future reference. The Cargo, and Trucks can be monitored on the map provided in the Apps. The Cargo Supplier/s and Transporters cannot view any other Cargo or Trucks movement, except the Cargo and Trucks registered by them. You may view the general Services provided as an unregistered User to the Site and Apps, however, if you wish to purchase or offer a Service, you must first register to create an code14.co.za Account (defined below).
4. REGISTERED CARGO LOADS:
As a CARGO SUPPLIER, you may register Cargo Loads. To register a Cargo Load, you will be asked a variety of questions about the Cargo Load to be listed, including, but not limited to the locations, capacity, weight, cargo category, and required date to uplift and date to deliver of the load. All Cargo loads must have valid uplift and delivery physical addresses, as accurate as possible. Cargo Loads will be made available via the Web Site and the Transporter App. You understand and agree that once a Transporter quotes for a load, you may accept the Transporters quote of your choice. You acknowledge and agree that under no circumstances whatsoever will LIVE FR8 be held responsible for any registered Cargo Load, offering or Service rendered or failure to do so in terms of the said Cargo Load. If you are a Cargo Supplier, you understand and agree that LIVE FR8 does not act as an Insurer or as your contracting Agent. If a Transporter quote for your Cargo Loads transportation, provided by you, any agreement you enter into with such Transporter is between you and the Transporter and LIVE FR8 is not a party thereto. When you register a Cargo Load, you may also choose to include certain requirements which must be met by the registered Transporters who are eligible to quote for your registered Cargo Loads.
5. REGISTERED TRANSPORTER TRIPS:
As a TRANSPORTER you are responsible for any and all Cargo Loads you quoted for successfully. When your quote was accepted by the Cargo Supplier, you represent and warrant that any Cargo Load you transport and the selling/offering of, or a Shipper’s purchasing of, a Cargo Load, you (i) will not breach the agreements you have entered into with the Cargo Supplier or any other parties including but not limited to third parties, such as cargo or trucking associations, vehicle/ fleet lease and rental agreements, employers and or financiers, insurers or the like, and (ii) will (a) be in compliance with all applicable Country laws and bylaws, (such as goods in transit, passenger transport laws and regulations and any laws governing leasing of vehicles), Tax requirements, and rules and regulations that may apply to any Cargo transport (including having all required permissions, consents, permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that LIVE FR8 assumes no responsibility for Service Provider compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. LIVE FR8 reserves the right, at any time and without prior notice, to remove or disable access to information or progress on any Cargo Loads for any reason, including Loads that LIVE FR8, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or LIVE FR8’s then-current Terms or otherwise harmful to the Site or Services. If you are a Service Provider, you understand and agree that LIVE FR8 does not act as an Insurer or as your contracting Agent.
6. CARGO SUPPLIER PAYMENTS TO TRANSPORTER:
When a Transporter’s quote was accepted by a Cargo Supplier, the agreement you enter into with such Transporter/s is between you as Cargo Supplier and the Transporter/s. LIVE FR8 is not a party thereto. As the Cargo Supplier you are fully responsible for the payment/s to the Transporter/s.
7. RATING OF MEMBERS:
If you are a Transporter or a Cargo Supplier, LIVE FR8 makes THE RATING TOOL available to you, to help you to make informed decisions about which entities you choose for either Transporting your Cargo Loads or which entities you choose to render Transportation to. However, you acknowledge and agree that, as a CARGO SUPPLIER and or a TRANSPORTER, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any of your representatives who makes use of the LIVE FR8 technology platform.
8. SUCCESSFUL QUOTE CONFIRMATION
After having successfully quoted for a Cargo Load, the Transporter will receive a notification on his App confirming the quote was accepted by the Cargo Supplier, and further annexing the tax invoice comprising the Total Fees, coupled with the Consignment Note, Certificate of Insurance applicable as agreed upon between the contracting parties.
9. CARGO INSURANCE
LIVE FR8 recommends that Cargo Suppliers and Transporters should obtain appropriate insurance for their Cargo and assets as deemed appropriate. Please review any insurance policy that you may have for the Cargo Loads carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of the Shipper. The proper consideration and arrangement for goods in transit and marine insurances remains the responsibility of the parties to the agreement of the Trip, and not LIVE FR8.
LIVE FR8, may refer Cargo Suppliers and Transporters to its Cargo Insurance Policy as specified by the Insurance Broker and Insurer for each Listing/ Trip. Provided that explicit decline, and/or value of Cargo transported do not exceed the value of goods of ZAR8,000,000.00 (as measured in United Stated Dollars in accordance with the then rate of exchange), unless otherwise explicitly agreed, or are part or wholly classified as excluded goods (Alcohol, antiques, arms, ammunition, explosives, artwork, live animals, bank and treasury notes, cash, cellular phones, any legal documentation, furs, gold and or silver, jewelry, stamps, tobacco products, exotic sea foods, solar panels and tyres). For excluded Cargo, or a limit above R8,000,000.00 specialist insurance advice and permits may be is required. LIVE FR8 does not provide any insurance or financial services or any financial advisory or intermediary services.
LIVE FR8 will under no circumstances be a party to any insurance contract entered into.
All insurance costs are to be borne by parties to a Cargo Load. When Cargo Insurance has been purchased, the Shipper, Carrier, Agent and/or Service Provider will receive, as part of a transaction mail the Insurance Broker’s insurance general terms and conditions, coupled with the Certificate of Insurance which shall govern the terms and conditions of the Cargo Insurance.
10. CARGO SUPPLIER’S OWN TERMS OF SERVICE
In rendering the Cargo Loads to a Transporter, the Cargo Supplier might have, and present to the Transporter, their own terms of service (“Service Provider T’s and C’s”). Such Service Provider T’s and Cs are and will be binding on the Transporter to the extent that such Service Provider T’s and C’s do not conflict with these Terms. To the extent that there exists a conflict between the Cargo Suppliers Terms and Conditions and these Terms, these Terms shall prevail to the extent of such inconsistency.
11. COMPANY DOCUMENTS, DRIVERS I.D.’S, DRIVERS LICENCES, PDP’S AND VEHICLE REGISTRATION DOCUMENTS
LIVE FR8 may require Cargo Suppliers and Transporters to upload the above mentioned documents, and any other documents it may reasonably require, as assurance to all members of the validity of members operations and personnel. In addition, should any company registration documents, commercial invoices and the like, along with the images, materials and Content created by photographers, be provided to LIVE FR8, including Verified Images, same shall constitute LIVE FR8 Content, regardless of whether you include them in your Listing. LIVE FR8 will under no circumstances be responsible for checking the validity of required documentation, legality or intent of the underlying Cargo Loads, nor will LIVE FR8 be held responsible for any illegal movement of goods, services or people.
12. NO ENDORSEMENT
LIVE FR8 does not endorse any Member or any Trip, however, it may refer, from time to time, a Member to the Insurer and/or in respect of Cargo Insurance. You understand that Verified Images and/or Listings and/ Members are intended only to indicate a representation of the Trip at the time the Listing was posted. Verified Images, Listings or Members are therefore not an endorsement by LIVE FR8 of any Member or any Trip. Members are required by these Terms to provide accurate information, and although LIVE FR8 may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site to a Member being “verified” or “connected” (or similar language) only indicates that the Member has completed a relevant verification process, and does not represent anything further. Any such description is not an endorsement, certification or guarantee by LIVE FR8 about any Member, including the Member’s identity and whether the Member is trustworthy, safe, suitable or responsive. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and/or Services. We therefore recommend that you always exercise due diligence and care when deciding whether to register Cargo Loads and or quote for Cargo Loads or to accept a quote from a Transporter, utilize any other Services, or to have any other interaction with any other Members.
By using the Site and/or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from LIVE FR8 with respect to such actions or omissions This limitation shall not apply to any claim by a Cargo Supplier/ Transporter against LIVE FR8 regarding the remittance of payments received from a Shipper by LIVE FR8 on behalf of a Service Provider, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
13. TRANSPORTER OR CARGO SUPPLIER
If you are a Transporter or Cargo Supplier and a quote is submitted for a registered Cargo Load Listing via the LIVE FR8 Web Site and or Apps, you confirm your ability to provide the Transport or Cargo, as listed. When a quote is received via the Site and successful/accepted by the Cargo Supplier, LIVE FR8 will share with you the required detail to uplift and deliver the Cargo and the Cargo Supplier details, Trip details, and delivery confirmation.
14. MINIMUM QUALITY STANDARDS AND RESPONSIBILITIES
If you are a Cargo Supplier, you are responsible for ensuring that the Cargo Loads you register on the LIVE FR8 Web Site and Apps meet minimum quality standards regarding access, adequacy of the description on the loading and offloading Sites, safety, and do not present a Transporter with issues to load and off load Cargo.
During the 24-hour period following the Cargo Suppliers collection, Transporters should be available, or make a third party (driver or employee) available, in order to try, in good faith, to resolve any disputes. Transporters vehicles and trailers must have legal carrier worthiness, and necessary licenses, permits and documents.
The Transporter, not LIVE FR8, is solely responsible for honouring any confirmed Cargo Loads and making available any Transport reserved through the Site. If you, as a Transporter, choose to enter into a transaction with a Cargo Supplier for the transportation of Cargo or any other Service, you agree and understand that you will be required to enter into an agreement with the Cargo Supplier. You agree to accept any terms, conditions, rules and restrictions associated with the transportation of such Cargo imposed by the Cargo Supplier.
You acknowledge and agree that you, and not LIVE FR8, will be responsible for performing the obligations of any such agreements, and that LIVE FR8 is not a party to such agreements, and that, including its payment obligations hereunder, LIVE FR8 disclaims all liability arising from or related to any such agreements. You acknowledge and agree that LIVE FR8 is not a party to the agreement between you and the Cargo Supplier.
16. TRANSACTION FEES
In consideration for the use of LIVE FR8′ Site, LIVE FR8 charges Transaction Fees to the Transporters when a Transporters quote has been accepted by the Cargo Supplier. Transporters will make payments via EFT, PeachPayment.
Tax laws or regulations may require us to collect appropriate tax information from Cargo Suppliers or Transporters. LIVE FR8 reserves the right to request all required VAT, GST (or the equivalent thereof) and TAX certificates of registration as deemed appropriate.
You as a Cargo Supplier/ Transporter or other Service Provider understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. LIVE FR8 cannot and does not offer Tax-related advice to any Members.
18. USER CONDUCT
You understand and agree that you are solely responsible for compliance with any and all Country applicable laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
18.1 violate any local, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax laws;
18.2 use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Collective Content;
18.3 use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
18.4 copy, store or otherwise access any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
18.5 infringe the rights of LIVE FR8 or any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
18.6 interfere with or damage our Site, or provision of the Services, including, without limitation, through the use of viruses, cancel bots, D Dos attacks, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
18.7 use our Site, or the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
18.8 use our Site, the Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
18.9 “stalk” or harass any other User of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other User other than for purposes of transacting as an LIVE FR8 Cargo Supplier, Transporter or other Service Provider;
18.10 offer, as a Cargo Supplier/ Transporter or Service Provider, any Trip or Service where you do not have the rights or permission to provide such Trip or Service, as the case may be (without limiting the foregoing, you will not list Trips as a Cargo Supplier/ Transporter if you are serving in the capacity of a transport agent or broker for a third party);
18.11 offer, as a Cargo Supplier/ Transporter or other Service Provider, any Trip or Service that may not be provided pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a transport services agreement;
18.12 register for more than one LIVE FR8 Account or register for an LIVE FR8 Account on behalf of an individual other than yourself;
18.13 unless LIVE FR8 explicitly permits otherwise, request or book any Trip or Service if you will not actually be doing so for yourself;
18.14 contact a Cargo Supplier/ Transporter or Service Provider for any purpose other than asking a question related to a Trip, such Cargo Supplier/ Transporter’s Trips or Listings or Services so provided;
18.15 contact a Shipper for any purpose other than asking a question related to a Trip or such Shipper’s use of the Site and Services;
18.16 recruit or otherwise solicit any Cargo Supplier/ Transporter or other Member to join third party services or websites that are competitive to LIVE FR8, without LIVE FR8’s prior written approval;
18.17 impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
18.18 use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
18.19 use the Site, Services or Collective Content to find a Cargo Supplier/ Transporter, Service Provider or Shipper and then complete a Trip or Service independent of the Site, or LIVE FR8, in order to circumvent the obligation to pay any Service Fees related to LIVE FR8′ provision of the Services or for any other reasons;
18.20 as a Cargo Supplier/ Transporter or other Service Provider, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honour;
18.21 post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
18.22 systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
18.23 use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, LIVE FR8′ name, any LIVE FR8’ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without LIVE FR8′ express written consent;
18.24 access, tamper with, or use non-public areas of the Site or Services, LIVE FR8′ computer systems, or the technical delivery systems of LIVE FR8′ providers;
18.25 attempt to probe, scan, or test the vulnerability of any LIVE FR8 system or network or breach any security or authentication measures;
18.26 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by LIVE FR8 or any of LIVE FR8′ providers or any other third party (including another User) to protect the Site, Services or Collective Content;
18.27 forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Collective Content to send altered, deceptive or false source-identifying information;
18.28 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Collective Content; or
18.29 advocate, encourage, or assist any third party in doing any of the foregoing. LIVE FR8 has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
18.30 LIVE FR8 may access, preserve and disclose any of your information if required to do so by law, or if believed in good faith that it is reasonably necessary to: (i) respond to claims asserted against LIVE FR8 or to comply with legal process (for example, subpoenas or warrants),
(ii) enforce or administer our agreements with Users, such as these Terms and the LIVE FR8 Cargo Supplier/ Transporter or Service Provider,
(iii) for fraud prevention, risk assessment, investigation, refund support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of LIVE FR8, its Users, or members of the public. You acknowledge that LIVE FR8 has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, and Services (including without limitation for fraud prevention, risk assessment, investigation and refund support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. LIVE FR8 reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that LIVE FR8, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
19. COPYRIGHT & OWNERSHIP
Site, Services and Collective Content
You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of LIVE FR8 and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
20. ENVIRONMENTAL COMMODITIES
20.1 You acknowledge and agree that LIVE FR8’ provision of the Services is the proximate cause for the generation/derivation of any and all Environmental Commodities and that, consequently, LIVE FR8 enjoys the full and exclusive right and title to, and ownership of, such Environmental Commodities.
20.2 You undertake to provide LIVE FR8 with any and all assistance, as indicated by LIVE FR8 from time to time, that LIVE FR8 deems necessary for the successful undertaking of the Environmental Commodities Processes.
21. LIVE FR8 CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, LIVE FR8 grants you a limited, non-exclusive, non-transferable license, to (i) access and view any LIVE FR8 Content solely for your personal and non-commercial purposes and
(ii) access and view any Content to which you are permitted access, solely for commercial purposes as envisaged and permitted by these Term. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LIVE FR8 or its licensors, except for the licenses and rights expressly granted in these Terms.
22. MEMBER CONTENT
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to LIVE FR8 the rights in such Member Content, as contemplated under these Terms; and
(ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or LIVE FR8′ use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third party websites or resources. You acknowledge and agree that LIVE FR8 is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or
(ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LIVE FR8 of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
24. SUSPENSION, TERMINATION AND LIVE FR8 ACCOUNT CANCELLATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your LIVE FR8 account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your LIVE FR8 account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, your LIVE FR8 account, your Member Content, or receive assistance from LIVE FR8 or its Service Providers,
(b) any pending or accepted future Trips or Services as either Cargo Supplier/ Transporter/Service Provider or Shipper will be immediately terminated,
(c) we may communicate to your Shipper or Cargo Supplier/ Transporters/ Service Provider that a potential or confirmed Trip or Service has been cancelled,
(d) we may refund your Shipper in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies,
(e) we may contact your Shipper to inform them about potential alternate Trips with other Cargo Supplier/ Transporters/Service Providers that may be available on the Site, and
(f) you will not be entitled to any compensation for reservations or Trips (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your LIVE FR8 account. You may cancel your LIVE FR8 account at any time via the “Cancel Account” feature of the Site or by sending an email to firstname.lastname@example.org
Please note that if your LIVE FR8 account is cancelled, we do not have an obligation to delete or return to you any Member Content you have posted to the Site, including, but not limited to, any reviews or Feedback.
25. CONTROLLING LAW AND JURISDICTION
These Terms and your use of the Services will be interpreted in accordance with the laws of the Republic of South Africa.
26. LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, services and Collective Content, your Listing or Trip of any Trips via the Site, and Services, your participation in the referral program, and any contact you have with other Users of LIVE FR8 whether in person or online remains with you.
If you choose to use the Site, application, Services or Collective Content, you do so at your sole risk. The Site, Services, and Collective Content are provided “as is”, without warranty of any kind, either express or implied. without limiting the foregoing, LIVE FR8 explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of the Site. LIVE FR8 makes no warranty that the Site, Services, or Collective Content, including, but not limited to, the Listings, Services or any Trips, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. LIVE FR8 makes no warranty regarding the quality of any Listings, Trips, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site or Services.
No advice or information, whether oral or written, obtained from LIVE FR8 or through the Site, Services or Collective Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other Users of the Site, or Services and with other persons with whom you communicate or interact as a result of your use of the Site, or Services, including, but not limited to, any Cargo Supplier/ Transporters, Service Providers or Shipper and you understand that LIVE FR8 does not make any attempt to verify the statements of Users of the Site, or Services or to review or visit any Trips. LIVE FR8 makes no representations or warranties as to the conduct of Users of the Site or Services or their compatibility with any current or future Users of the Site or Services.
You agree to take reasonable precautions in all communications and interactions with other Users of the Site or Services and with other persons with whom you communicate or interact, as a result of your use of the Site or Services, including, but not limited to, Shippers, Cargo Supplier/ Transporters and Service Providers, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by LIVE FR8. Notwithstanding LIVE FR8′ appointment as the limited payment collection agent of the Cargo Supplier/ Transporters for the purpose of accepting payments from Shipper on behalf of the Cargo Supplier/ Transporters/Service Providers, LIVE FR8 explicitly disclaims all liability for any act or omission of any Shipper or other third party.
You agree to release, defend, indemnify, and hold LIVE FR8 and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with; (a) your access to or use of the Site, the Services, or Collective Content or your violation of these terms;
(b) your Member Content;
(c) your (i) interaction with any Member,
(ii) Trip of a Trip, or
(iii) creation of a Listing; (d) the use, condition or use of an Trip or Service by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Trip or use of a Service.
29. Log Files
When you visit LIVE FR8, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what frequency, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within LIVE FR8 on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
30.2 “Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.
30.4 “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the LIVE FR8 website to work, but may enhance your browsing experience.
31.1 Code14.co.za, and the services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under the control, nor responsibility, of LIVE FR8.
32. Application of The Electronic Communications And Transactions Act number 25 Of 2002 (“ECT Act”)
32.1 Data Messages (as defined in the ECT Act) will be deemed to have been received by LIVE FR8 if and when LIVE FR8 responds to the Data Messages.
32.2 Data Messages sent by LIVE FR8 to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.
32.3 Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between users and LIVE FR8.
32.4 Information to be provided in terms of section 43(1) of the ECT Act:
32.4.1 Users warrant that Data Messages sent to LIVE FR8 from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.
32.4.2 This Website is owned and operated by LIVE FR8 (Pty) Ltd, (Registration Number: 2019/186934/07) a private company owned and operated in accordance with the laws of the Republic of South Africa.
32.4.3 E mail address for service of legal documents: email@example.com.
32.4.4 Contact Number:
32.4.5 LIVE FR8 – located at https://www.LIVE FR8.com;
32.4.6 Email address: info@LIVE FR8.com
LIVE FR8 reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site and give notice of the change to each registered user to the registered email address provided by the user. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
34. DISCLOSURES AND NOTICES; ELECTRONIC SIGNATURE CONSENT
34.1 Consent to Electronic Disclosures and Notices: By registering for a Live Fr8 Account, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from Live Fr8 (Pty) Ltd (“Notices”), including those required by Law. You also agree that your electronic consent will have the same legal effect as a physical signature.
34.2 Methods of Delivery: You agree that Live Fr8 (Pty) Ltd can provide Notices regarding the Services to you through our website or through the Dashboard (as defined below), or by mailing Notices to the email or physical addresses identified in your Live Fr8 Account. Notices may include notifications about your Live Fr8 Account, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to our website or emailed to you.
34.3 SMS and Text Messages: You authorize us to provide Notices to you via text message to allow us to verify your or your Representative’s control over your Live Fr8 Account (such as through two-step verification), and to provide you with other critical information about your Live Fr8 Account. Standard text or data charges may apply to such Notices. Where offered, you may disable text message notifications in the Dashboard by responding to any such message with “STOP”, or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important Security Controls (as defined below) on your Live Fr8 Account and may increase the risk of loss to your business.
34.4 Requirements for Delivery: It should come as no surprise to you that you will need a computer or mobile device, Internet connectivity, and an updated browser to access your Dashboard and review the Notices provided to you. If you are having problems viewing or accessing any Notices, please contact us and we can find another means of delivery.
34.5 Withdrawing Consent: Due to the nature of the Services, you will not be able to begin using the Services without agreeing to electronic delivery of Notices. However, you may choose to withdraw your consent to receive Notices electronically by terminating your Live Fr8 Account.
35. FORCE MAJEURE
Neither party will be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay Fees, Fines, Disputes, Refunds, Reversals, or Returns under this Agreement.