1. TERMS AND CONDITIONS FINDATRUCKLOAD (FTL)
Welcome to Findatruckload, New Zealand's own online transport network community. These Terms and Conditions are intended to assist and keep Findatruckload a safe place to trade.
1.1 Your agreement: The terms and conditions are the terms on which FTL offers you access to the Services and the Website. If you register as a member of FTL you accept these terms and conditions. If you do not accept these terms and conditions, you should not use the site.
1.2 Variation to terms: These terms and conditions may be amended in whole or in part by FTL from time to time. Amendments will be immediately effective and posted on this Website. It is up to you to be familiar with the latest terms and conditions. Your continued use of the Services confirms your agreement to be bound by the terms and conditions as amended.
1.3 Definitions: In these terms and conditions the following expressions have the meanings set out:
'Findatruck', 'Findaload', 'Postatruck', 'Postaload' means the services that may be bought or sold through the tender or classified process;
'member ' means a registered member of FTL;
'Services' means anyone or more of the Services offered by FTL from time to time, including the Findatruck, Findaload, Postatruck and Postaload options, including online tenders, classifieds, sms alerts and any other service that FTL may offer;
'we , 'us' and 'our' are a reference to FTL;
'you ' and 'your' are a reference to you;
'Website' means any FTL website to which the services are offered;
'listing' means a listing on the Website through which you offer, negotiate, buy, sell or advertise any item or load, whether by tender or classified;
'seller ' includes any person placing a listing;
'Transport Operator' means those offering cartage on agreed terms;
'Freight Provider' means those seeking cartage on agreed terms.
2. TERMS OF USE
2.1 The services:
2.1.1 FTL provides a venue to introduce members who want to buy and sell transport services for the carrying of partial or full loads. FTL does not take any part in the sale of those services other than by providing our Website as a venue for members. If a load is accepted by a Transport Operator, a contract of sale will be formed between the Transport Operator and the party requiring the service directly. We do not act as an agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service. If you use the credit card service, we simply deduct the agreed amount due to FTL for its Services. You therefore agree that even though some of the services are being referred to as a tender, FTL is not liable under the Auctioneers Act 1928 as it is not an auctioneer.
2.1.2 All Transport Operators and Freight Providers must post their loads and trucks at a fair and reasonable price as reviewed by FTL from time to time.
2.2 Terms of usage: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that FTL takes no responsibility or liability for any misconduct of its members including, without limitation, members who have registered under false pretences or who attempt to defraud you. FTL gives no undertakings, representations, or warranties in relation to the services offered on the Website, including:
2.2.1 the quality of the transport provided or the goods which require carting;
2.2.2 about the content, safety, description, worthiness, quality, or legality of the items that are listed on the Website either for carrying or the Transport Operator;
2.2.3 about the accuracy or truth of the listings;
2.2.4 that any service will meet your requirements or expectations; or
2.2.5 about the ability of members to complete a transaction, including services offered or credit card transactions.
2.3 Understanding: You understand and agree that:
2.3.1 your use of the services offered on the Website is at your sole risk given that they are offered on an "as is" and "as available" basis. FTL excludes and disclaims all implied conditions or warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement;
2.3.2 FTL does not warrant that the services provided will be uninterrupted, timely, secure, or error free and neither does it warrant that any information provided on the Website is error-free or reliable and any advice or information obtained from FTL or anyone else shall not create any warranty by FTL;
2.3.3 all hyperlinks to advertisers' own websites and the responsibility for content of those advertisements appearing on this Website rests solely with the advertisers. FTL does not endorse any of the advertised products or services;
2.3.4 FTL may facilitate payment for some items by credit card, but FTL is in no way involved in the transaction itself, and responsibility for any refund rests with the parties involved in the transaction;
2.3.5 FTL is not responsible for protecting members and users from credit card fraud.
2.4 Who is liable: You agree that all liability and responsibility of FTL to you or any other person referred to in these terms and conditions and the Services on the Website including your use or inability to use, the services on this Website, is excluded regardless of whether such liability arises in contract, tort, equity, and breach of statutory duty or otherwise. The excluded liability includes direct or indirect loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified FTL from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by FTL to any person arising out of or in connection with FTL's failure to comply with these terms and conditions, your failure to complete a transaction, your use of FTL's message boards, your sale or attempted sale of services, or arising out of any content or item you submit, post, transmit, or make available through the Services offered on the Website.
2.6 Website use: Without limiting any other rights and remedies available to FTL, FTL may limit your activities on the Website, remove your tender, tender bid, or listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide FTL's Services to you if you breach these terms and conditions or where FTL considers it appropriate.
3. MEMBERSHIP
3.1 Becoming a member: Becoming a member is free. You may only register as a member if you are resident in New Zealand or Australia and can form a legally binding contract that is enforceable against you. Those under 18 years of age cannot perform a legally binding contract.
3.2 Membership information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by FTL to ensure it is kept current at all times. FTL may phone or mail you to verify these details. You must not register as a member under multiple identities. At FTL's discretion, you may create a business membership in addition to your personal membership.
3.3 Termination: FTL reserves the right to decline or terminate your membership without further correspondence. FTL may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, or FTL deems your behaviour to be unacceptable.
3.4 Login information: You are responsible for keeping your login information, including password, secret and secure, such obligation including not permitting any other person to use your user name or membership and not disclosing to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
3.5 Contact: FTL will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other FTL products and services to you. FTL may also send regular electronic newsletters which will clearly show you how you can unsubscribe from the mailing list.
3.6 Pre-Registration of Transport Operators: Those Transport Operators who authorise FTL to pre-register their contact details prior to the site being loaded to the web agree to such inclusion and agree to receive emails from FTL which will allow automatic use of the site.
4. SITE USE
4.1 Use - You will ensure:
4.1.1 All your listings, tenders, tender bids or communications made through FTL will be made in good faith.
4.1.2 You will not damage, interfere or harm the Website or Services, or any network, or system underlying or connected to them.
4.1.3 You will not use a robot, spider, scraper or other automated means of access to the Website or information featured on it for any purpose.
4.1.4 You will not list your email address, phone number or any other contact detail within the descriptions of listings, listing comments and/or questions, in your member profile, or on the FTL message boards but you may enter your appropriate contact details in the relevant contact detail fields of those listing categories which specifically provide for those details.
4.1.5 You will list prices of services in New Zealand dollars and exclude GST in the price taking full responsibility for your own tax obligations in using the Services.
4.1.6 You will not complete transactions outside of the FTL process or avoid payments payable to FTL as a consequence of your using the Website. FTL reserves the right to terminate your membership if it holds the opinion you have tried to avoid charges using multiple memberships, premature tender withdrawal, or any other means.
4.1.7 You will not use the Services or the Website to promote items for sale outside the Services the Website was designed to sell.
4.2 Obligations of Transport Operators:
4.2.1 Transport Operators must be located in New Zealand or Australia. Transport Operators outside of these countries are not permitted to sell on FTL. Australian Transport Operators must accept payment into their own domestic New Zealand bank account as one of their available payment options.
4.2.2 Users of the Website will only enter listings that are accurate, current, complete, and include all relevant information sufficient to find terms of use, payment terms, shipping methods and who bears the cost of shipment.
4.2.3 Your listing may only contain a URL for a website that contains further information on items that you have listed. This website must not offer any items for sale, or contain contact details. You must not use your listings to promote a business or website other than the one for sale in your listing.
4.2.4 You must not manipulate prices through ghost-bidding or assuming multiple roles in a single transaction.
4.2.5 For tenders, the highest tender may not be successful. Tenderers are encouraged to consider service reputation as part of the decision to conclude a contract.
4.2.6 Listings are not pre-screened for content. FTL reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
4.2.7 You agree to your email address being supplied to the buyer of the transport Services when the tender closes.
4.2.8 You must promptly forward the detail of the freight to be transported to the successful Transport Operator on completion of the transaction. You authorise FTL to automatically forward contact details to the relevant party. Both parties agree to move the freight immediately.
4.3 If you are a buyer:
4.3.1 You must be located in New Zealand or Australia to buy on FTL. Users outside of these countries are not permitted to purchase Services on FTL.
4.3.2 Your bids for transport Services are not retractable once the tender has closed. You must only place a bid if you intend to buy the relevant transport Services at the bid price entered.
4.3.3 If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
4.3.4 You must make full and prompt payment for any Service you buy.
4.3.5 You agree only the Transport Operator's name will appear in a listing. The Freight Provider's detail is anonymous.
4.3.6 If any dispute arises during or following use of the FTL facility, you agree to attempt to resolve any problem transaction with the Transport Operator or Freight Provider using appropriate disputes resolution services before requesting a chargeback from your card issuer or bank.
5. CHARGES
5.1 FTL Listing Fees and Success Fees:
5.1.1 FTL charges fees for the use of the Website as a venue.
5.1.2 FTL's current fees are listed on our FAQ page.
5.1.3 FTL reserves the right to change the fees charged for any of its Services at any time.
5.1.4 If you are a New Zealand resident, then all fees are exclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to FTL account balances.
5.1.5 FTL reserves the right to investigate queries regarding the refund of success fees with bidders, other members, Internet Service Providers, and any other relevant party.
5.1.6 Before listing a load or a transport Service, you should review FTL's fees to ensure you are aware of the fees that you will incur.
5.1.7 You must pay the fees immediately upon demand by FTL.
5.2 Payment:
5.2.1 FTL maintains credit accounts for each member and from which members must pay transaction fees.
5.2.2 You must settle any negative account balance immediately. FTL reserves the right to take action against you to recover outstanding debts. You are liable for all expenses (including legal fees) that FTL incurs when collecting that debt.
5.2.3 If your membership is terminated FTL will refund the balance of your credit account, less a $10 manual processing fee that is payable to FTL.
6. GENERAL
6.1 Site functionality: Subject to site maintenance requirements FTL will use its reasonable endeavours to ensure the availability of the Website. FTL shall not be responsible for any system unavailability, or loss incurred if the Website or Services are unavailable. FTL is not responsible for the corruption of any data or information held by FTL
6.2 Disputes: Given you agree that FTL is not a party to any sale or transaction between you and another member or Service seeker or provider, you will not involve FTL in any dispute or resolution of disputes that arise between you as a result of the Services provided.
6.3 Cancellation:
6.3.1 If a Freight Provider or Transport Operator cancels a listing FTL reserves the right to charge a variable cancellation fee to the withdrawing party.
6.3.2 In the event a fixed priced listing is accepted but either the Transport Operator's truck or the Freight Providers load is not available, or there is an objection about the identity of the provider, FTL's fee is chargeable to the defaulting party.
6.3.3 If a refund is required to be paid by FTL such refund may be made by FTL to the member's account in lieu of the refund of cash to any credit card.
6.4 FTL assumes no liability for any lack of performance, unavailability or failure of the Services or the Website.
6.5 Waiver: If FTL does not exercise or enforce any right available to it under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Enforceability: If any part of these terms and conditions is held to be invalid, unenforceable or illegal for any reason that provision shall be deleted from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law: These terms and conditions are governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
6.8 Intellectual Property Rights: FTL owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material purporting and forming part of the Services and the Website.
6.9 You may not without our prior written permission by any means:
6.9.1 Reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
6.9.2 Commercialise, copy, or on-sell any information, or items obtained from any part of this Website.
6.10 Entire agreement: These terms and conditions replace all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.
6.11 Privacy: FTL collects personal information about you through your use of the Services and the Website, including:
6.11.1 your registration details; and
6.11.2 your information relating to your use of the Website and the content you access.
You agree that FTL may use this personal information to assist us to provide the Services to you, including for research, promoting and marketing other FTL products and Services to you, and for any other use that you authorise.
FTL will not sell or allow third parties access to your personal information without your consent. FTL will release account and other personal information only when it believes release is appropriate to comply with the law; facilitate court proceedings; enforce or apply its terms and conditions; or protect the rights, property, or safety of FTL, its users, or others. Government agencies with statutory roles enabling them to request information from FTL include but are not restricted to the Police, Inland Revenue Department and Ministry Of Economic Development. You may contact FTL to ask whether information has been provided to government agencies.
If you intend to take Disputes Tribunal proceedings against another member or user and you require that member's contact details in order to take such proceedings, FTL will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings. You may obtain a Statutory Declaration for this purpose by contacting FTL or the Disputes Tribunal.
PRIVACY
FTL is committed to protecting and maintaining your privacy. As part of normal daily operations FTL may collect your information. The following privacy policies describes the type of information FTL may collect and what may happen to that information.
Any questions regarding this policy or enquiries regarding privacy should be sent to FTL by emailing support@findatruckload.co.nz.
What is collected by FTL?
FTL collects most information directly from users of the Website. It collects this information so you can subscribe to Services available for purchase described on the Website.
FTL may also be provided with personal information about an individual from a third party, for example from third parties who refer work to the site.
The type of personal information collected includes (but is not limited to) name, address, contact details, age and gender.
How is this information used by FTL?
FTL uses personal information primarily for the purpose of the facilitation of site users to Findatruck, Findaload, Postatruck, and Postaload.
From time to time FTL may provide statistical information about sales, training patterns and navigation techniques on our site this will simply comprise data collected about you and other users to form aggregate results.
Unless requested not to, FTL may provide your personal information to third parties, which may in turn provide your information to other third parties for marketing purposes.
To whom might FTL disclose personal information?
FTL may provide your information to other organisations who are sponsoring or otherwise involved or participating in promotion, competition or survey, including registered Company's that are involved with trucking industry and those seeking the trucking industry services.
Use of internet cookies online
Cookies are small pieces of information that are stored by your browser on your computers hard drive. FTL's cookies do not contain any personal identifying information, but they do enable FTL to provide the functionality you require when visiting the FTL Website.
How to contact FTL
If you would like to make an access request or wish to provide feedback about this policy, please contact FTL via:
Email: support@findatruckload.co.nz
Phone: 027 4747 261
Postal: PO Box 7024, Fitzroy, New Plymouth
SECURITY
FTL will ensure that all its site users can use the site with complete confidence online. FTL has taken every possible measure to give absolute security to the users of the site in their dealings with FTL.
FTL has created a secure transaction environment for commerce on the internet. FTL's e-commerce system uses a third party payment gateway called "Payment Express" which is one of most secure online payments systems available today.
