1. Your obligation using our service

When you use the features of the Site or the Services you will be bound by the following:

1. You will be required to provide full and accurate information about yourself.
2. You must be 18 years or older.
3. You take full responsibility for all activity while using the site. If you act on behalf of a business entity, you personally guarantee that you have the authority from the business entity to agree to the Terms on behalf of the business. If you choose to share information with another person, or other people, (for example by telling them your password) then the person whose billing information is on the account will ultimately be responsible for any activity.
4. A username that is offensive or infringes anyone’s intellectual property rights is in breach of these Terms.
5. These Terms don’t create any partnership, joint venture, employment or franchisee relationship between you and Us.
6. We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. We may refuse service to anyone, at any time, for any reason.

Content that you provide and provide us access to, to use our Services is your content (Your Content). We don’t make any claim to it. That includes anything you provide using our Services (like usernames, brand names, product names, product range names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

1. Responsibility for your content. You are solely responsible for the content you provide. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by using it.
2. Permission to Use Your Content. By providing your content through our Services, you grant us a license to use it. We don’t claim any ownership to your content, but we have your permission to use it to help us function. That way, we can help promote you and we won’t infringe any rights you have in your content.
3. Inappropriate, False or Misleading Content. There are certain types of content we don’t want posted on Site (for legal reasons or otherwise). You agree that you will not provide any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive and you accept our judgment in removing any of your content if we deem it to be inappropriate for our site. You also agree not to provide any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

2. Acceptance of the terms

By accessing and using our Site (www.indiefreightdirect.com.au), and/or using or purchasing any Site Services provided by us on our Site, whether available for purchase or not, you are deemed to have accepted these Terms.

To access or use the Site or the Site Services, you must be 18 years or older and have the power and authority to enter into a contract under the Terms.

When you click “accept”, “agree” or “consent” by electronic means using a device such as a mobile phone, desktop, laptop or tablet, that has the effect of you agreeing to our Terms and it is legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand. You will also be bound by any consent transmitted through the Site to receive electronic communications from us.

Continuing use of our Site and access to any materials available from us or the Site is deemed acceptance of these Terms.

If you are uncertain about the Terms, the Site Services or anything else on our Site, please contact us before submitting a request for services, accepting a quote or completing any purchase.

3. Terms, site and site services may change

We may change these Terms from time to time, consistent with applicable laws and industry standards, without notice to you other than via the notification on our site that you must accept each time you make a purchase on our Site.

Any changes to the Terms will be effective from the date that make your next booking on the Site after we post the revised Terms on the Site. You are responsible for reviewing these terms prior to each use of the Site Services.

The Site Services, Site and any prices published on the Site may change or be discontinued without notice at any time. We will not be liable to you for any change in the Terms, the Site Services or the Site.

We may discontinue the Site at any time, without notice to you and in our absolute discretion. We may refuse access to the Site to any person at any time, in our absolute discretion. We are not liable for any loss that you suffer as a result of such discontinuance or exclusion.

4. Prohibited use of site

You must not, under any circumstances, use the Site, the Site Services, the Content or your Account:

1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts; or
3. to violate any international, Australian or state regulations or laws.

You agree that during your use of the Site and Site Services you will not:

1. attempt to change, remove, deface, hack or otherwise interfere with the Site, the Site Services or any Content published on the Site;
2. hack into any aspect of the Site or the Site Services, corrupt data or cause annoyance to other users of the Site or the Site Services;
3. infringe upon any other person’s intellectual property or other proprietary rights;
4. disclose any information to which you gain access as a result of the Site Services that is by its nature confidential;
5. send any unsolicited advertising or promotional material (spam) to us or to other users with whom you come into contact on the Site or via the Site Services; or
6. attempt to affect the performance or functionality of any computer facilities of or accessed through the Site.

5. Approaching shippers directly

By using our services you accept that Indie Freight Direct Pty Ltd has introduced you to an independent transport company and you agree not to contact this Carrier or engage their services other than through us.

If you engage directly with a Carrier that you previously used via our Site you agree that you will pay us an amount equivalent to the fee that you would have otherwise paid us for the use of our service for each Job you book directly with that Carrier.

6. Intellectual property

Any intellectual property on the Site and in Site Services sold on the Site belongs to us or we are licensed to use it by its lawful owner. This includes copyrights, trademarks, proprietary information, designs, patents and other intellectual property rights, trade secrets, business information, business names, logo, designs, text, videos, audio files, graphics, presentation slides, other files and software (“Content”). Your use of the Site, including purchase of or access to any Site Services does not grant or transfer any rights, title or interest to you in relation to the Site, Site Services or the Content.

7. Liability

1. You indemnify and release us, our affiliates, officers, employees and agents from any loss, liability, claim or demand (including legal fees on a solicitor/client basis) incurred or made by you or any third party in connection with your use of the Site or the Site Services.
2. If a trading account is provided to you, you agree to pay the amount due not more than 7 days after you receive a Proof of Delivery (POD) for the services provided.
3. To the maximum extent permitted by law (including the Australian Consumer Law) neither we nor any of our affiliates, officers, employees or agents are liable for any direct or indirect losses, liabilities, claims, actions, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims by third parties or any other losses arising from or in connection with:
   1. your use of our Site or the Site Services;
   2. your inability to access our Site,
   3. interruption or outage of our Site;
   4. any Content that is inaccurate, incomplete or out of date;
   5. acts or omissions by you , Carriers generally or the Carrier specifically, including where that act or omission results in a loss of or damage to goods beyond what is covered by your or the Carrier’s insurance.
   6. any delay in delivery of freight, or delays in transit or delays caused by accidents and strikes.

8. Disclaimer

The Site is provided on an “as is” and “as available” basis. While we use best endeavours to vet Carriers, we do not check the truth or currency of all information that Carriers provide. To the maximum extent permitted by law (including the Australian Consumer Law), we make no representations or warranties about our Site, the Content, the Site Services or any Carrier. In particular, we do not represent:

1. the trustworthiness, credit worthiness or other attribute or characteristic of any Carrier;
2. that access to the Site or the Site Services will be free of any harmful components (including viruses) or other code that is harmful; or
3. that there will be no failure of communications or data storage.

We endeavour to ensure the Site is accessible at all times. However, we are not liable if it is interrupted or unavailable at any time or for any period.

9 Payment

All prices advertised on the Site are in Australian Dollars and exclude goods and services tax. Prices published on the Site may change at any time without advance notice to you.

If a trading account is approved, you agree to make electronic funds transfer to the nominated Indie Freight Direct bank account by the due date. If payment is made by credit card you must confirm you have authority to use the card. Any fees incurred by us due to issues with your payment method will be at your expense.

By submitting payment information, you authorise us to provide that information to third parties (such as our payment platform) to facilitate payment. You agree to verify any information requested by us or our payment platform for the purposes of acknowledging or completing any payment.

You authorise us or our payment platform to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.

You warrant when purchasing Site Services that any credit card or payment information that you provide to us or to our payment platform is accurate and complete. We accept no liability for incorrect credit card or payment information. Where relevant, you also warrant that there are sufficient available/cleared funds in the nominated account to enable the charge or direct debit to be honoured, and any charges incurred by you will be honoured by your financial institution or credit card company. You agree to pay any charges incurred by you, including any taxes, and that if your payment method is not honoured for any reason, you will pay any additional incurred charges, including any surcharge we incur due to the failed payment.

10. Cancellation and refunds

We do not offer refunds except where expressly set out in these Terms or required by the Australian Consumer Law. We do not offer refunds because you change your mind. The onus is on you to read information about the Site Services and these Terms thoroughly.

If you cancel a Job prior to a Carrier being dispatched you will be entitled to a credit to the value of the payment you have already made for the cancelled Job which you can use for a future Job.

If a Job does not proceed as agreed due to an act or omission of the Carrier (such as a failure to collect the load), you will be entitled to a full refund. Indie Freight Direct will attempt to find an alternate Carrier but we cannot accept liability for any costs, loss or damages you may incur in having to find alternate Transport Services.

If you cancel a Job after the Carrier has been dispatched you will be entitled to a partial refund, after the deduction of Additional Costs incurred by the Carrier prior to cancellation.

If we agree or are required by law to grant you a refund we will refund your money within 14 days of the entitlement arising.

If the actual dimensions and/or weight of the freight exceed those you entered when making a booking (Job Request), the Carrier is entitled to cancel the Job and you will not receive a refund or credit for that Job. You may incur an additional charge to compensate the Carrier for their time.

11. Delays in loading or unloading

We allow 45 minutes for the Carrier to be loaded and unloaded at the pickup and destination locations. Any delay beyond this, caused by you in the commencement of the Job after the Carrier has departed for your Job may attract an Additional Charge, including in the following circumstances:

1. If freight is not ready for collection;
2. you are unprepared or unable to load the freight onto the Carrier’s vehicle (e.g. delay by you or failure of your equipment );
3. you have provided incorrect weights and/or dimensions in its Job Request;
4. there is an unexpected delay in arranging for the freight to be loaded onto the Carrier’s vehicle, that was outside of the Carrier’s control;
5. the Carrier cannot access the Destination for any reason; or
6. the Recipient of the freight is not ready to or is unable (for any reason) to unload the freight within 45 minutes of the Carrier’s arrival.

12. Shipping Warranties

You agree and warrant that:

1. the information that you submit in your Job Request is complete and accurate in all material aspects;
2. you will be able to load the freight onto the Carrier’s vehicle within 45 minutes of the Carrier’s arrival;
3. the Recipient of the freight will be able to unload the freight off the Carrier’s vehicle within 45 minutes of the Carrier’s arrival;
4. you will not use the Site for illegal purposes, including without limitation,
5. you will not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without our prior written consent;
6. you will not use anything on this Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with us;
7. you will not use the Site to engage in misleading or deceptive conduct;
8. you will carry all insurance (including freight insurance) required as a matter of law or by prudent commercial practice;
9. the insurance cover for freight outlined herein must be with a reputable insurer authorised to underwrite that class of business;
10. you will not use the Site in relation to the actual or proposed transportation of any illegal or prohibited goods; and
11. you will not use the Site to procure the handling of or the transportation of goods in respect of which you have no title or other right.

13. Termination and survival

We may terminate these Terms and your access to the Site and the Site Services:

1. if you breach the Terms and fail to remedy the breach within 7 days of our written notice to you; or
2. if the breach is incapable of remedy, immediately without notice in our absolute discretion.

If we terminate the Terms, all disclaimers and limitations of liability will survive the termination.

14. Entire agreement

These Terms, and our Quotations and any other documentation we issue to you as a part so the provision of the services , constitute the entire agreement between us and you in relation to your use of the Site and the Site Services and supersede all previous communications, negotiations and agreements, whether oral, written or electronic.

If any of these Terms are found to be invalid or unenforceable by a court of law, that invalid or unenforceable term will be severed and will not affect the remainder of the Terms, which will continue in full force and effect.

15. Privacy

Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms. This policy is available on the Indie Freight Direct website.

16. Dispute resolution

If a dispute arises in connection with this Agreement, a party to the dispute may give to the other party to the dispute notice specifying the dispute and requiring its resolution under this clause (Notice of Dispute).

If the dispute is not resolved within 7 days after the Notice of Dispute is given to the other party, each party to the dispute must nominate 1 representative from its senior management (“Representative”) to resolve the dispute.

If the dispute is not resolved within 7 days of the dispute being referred to the Representative (First Period), the dispute must be submitted to mediation as set out in this clause. If the parties have not agreed on the mediator and the mediator’s remuneration within 7 days after the First Period:

1. the mediator is the person appointed by; and
2. the remuneration of the mediator is the amount or Fee determined by, the President of the Law Society of New South Wales from time to time (“President”) or the President’s nominee, acting on the request of any party to the dispute.

The mediation must be conducted in the capital city of the State. The parties must pay the mediator’s remuneration in equal shares. Each party must pay its own costs of the mediation.

If the dispute is not resolved within 28 days after the appointment of the mediator, the parties will be free to commence court proceedings.

This clause does not prevent any party from obtaining any injunctive, declaratory or other interlocutory relief from a court, which may be urgently required.

17. Governing law

These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. If you believe that a dispute has arisen between us in relation to the Site Services or these Terms, please contact us in writing so that we can both, acting in good faith, work to resolve the dispute as quickly as possible. Where a dispute cannot be resolved, you agree to submit to the jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

18. Interpretation

“Additional Charge“ means the costs you incur where you are allocated a Job and cannot complete it due to actions or inaction on the part of the Customer or the Receiver of the freight. This cost must be based on time taken and to a maximum charge as set out at clause 10.

“Customer” means the individual or organisation who have submitted a Job Request for Transport Services via the Site.

“Destination” means the specific address details the Customer provides in the Job Request for where the freight will be delivered.

“Job Request” means a sent by Indie Freight Direct seeking offers for the provision of Transport Services.

“Job” means the provision of Transport Services by you that arises out of a Job Request made by a Customer.

“Recipient” means the specific person or entity set out in the Job Request who is to receive the freight through the provision of the Transport Services.

“Services” means the provision of an online booking system for Transport Services via the Site.

“Site” means indiefreightdirect.com.au and/or a mobile phone/tablet App supplied by Indie Freight Direct Pty Ltd

“You” means a user of the Site to seek offers for Transportation Services, subject to these Terms.

“Site Services” means the Services that are accessible via our website or provided via text message of the App.

“Quote/Quotation” means the sum that we proposed to pay you for the provision of the Transport Services

“Transport Services” means the movement of a Customer’s freight by way of road to the Destination and the Recipient by a You.