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/type “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 using our Services, accepting a Job Request, accepting a quote or undertaking any service.
The nature of the relationship between you and us is that of a service provider only. We are supplying you with a service for you to connect with Customers to provide them with Transport Services. We do not represent you and you do not represent us. This is not an independent contracting relationship, principal/agent relationship or employment relationship.
We do not guarantee you any level of revenue or income from your use of our Site or the Site Services beyond what is offered on each individual Job Request.
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/type “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 using our Services, accepting a Job Request, accepting a quote or undertaking any service.
The nature of the relationship between you and us is that of a service provider only. We are supplying you with a service for you to connect with Customers to provide them with Transport Services. We do not represent you and you do not represent us. This is not an independent contracting relationship, principal/agent relationship or employment relationship.
We do not guarantee you any level of revenue or income from your use of our Site or the Site Services beyond what is offered on each individual Job Request.
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 accept a Job Request from us.
Any changes to the Terms will be effective from the date that you accept the next Job Request 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:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts; or
- 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:
- attempt to change, remove, deface, hack or otherwise interfere with the Site, the Site Services or any Content published on the Site;
- 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;
- infringe upon any other person’s intellectual property or other proprietary rights;
- disclose any information to which you gain access as a result of the Site Services that is by its nature confidential;
- 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
- 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 individuals and organisations that require shipping/freight services and you agree not to contact those individuals or organisations or accept their custom other than through us.
If you engage directly with a Customer that you were introduced to 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 Customer.
7. Liability
- 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.
- If a trading account is provided to you, we agree to pay the amount due not more than 7 days after you issue a Proof of Delivery (POD) and tax invoice for the services undertaken.
- 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:
- your use of our Site or the Site Services;
- your inability to access our Site,
- interruption or outage of our Site;
- any Content that is inaccurate, incomplete or out of date;
- acts or omissions by you , Customers generally or a Customer specifically, including where that act or omission results in a loss of or damage to goods beyond what is covered by your insurance.
8. Disclaimer
The Site is provided on an “as is” and “as available” basis. While we use best endeavours to vet Customers, we do not check the truth or currency of all information that Customers 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 Customer. In particular, we do not represent:
- the trustworthiness, credit worthiness or other attribute or characteristic of any Customer;
- 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
- 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 or sent via text message 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 supply Indie Freight Direct with your bank account details so we can make electronic funds transfer by the due date.
10. Cancellation and refunds
If you fail to complete a Job that you have accepted you will incur our fee as if the job was completed.
If the actual dimensions and/or weight of the freight exceed those on the Job Request you are entitled to cancel the Job and request compensation for your time up to a maximum of $80 excl GST.
If a Job is delayed due to an act or omission of the Customer for more than 60 minutes you are entitled to cancel the job if this impacts on your Chain of Responsibility obligations and claim a call-out-fee of $80 excl GST. If you can manage around the delay you can claim an additional charge based on $80/hr excl GST. You must obtain confirmation from the Customer that the delay has occurred – typically putting a note to this effect on the paperwork and getting the Customer to sign.
If a Job does not proceed as agreed due to an act or omission of the Customer (such as a failure to have the freight available for loading at the nominated time), you will be entitled to a call out fee of $80 excl GST. Indie Freight Direct make every effort to ensure that the Customer has the freight available for loading at the nominated time and place but we cannot accept liability for any costs, loss or damages you may incur as a result of a customer’s failure to comply with the Job Order.
11. Delays in loading or unloading
11. DELAYS IN LOADING OR UNLOADING You are allocated 60 minutes to load and unload at the pickup and destination locations. Any delay beyond this, caused by the Customer or the recipient of their freight at the destination may entitle you to charge an Additional Charge, including in the following circumstances:
- if freight is not ready for collection;
- the Customer is unprepared or unable to load the freight onto the your vehicle (e.g. delay or failure of their equipment);
- the Customer has provided incorrect weights and/or dimensions in its Job Request;
- there is an unexpected delay in arranging for the freight to be loaded onto your vehicle, that was outside of your control;
- you cannot access the Destination due to an error on the part of the shipper (wrong address, heavy vehicles not allowed on approaching roadway etc.); or
- f. the Recipient of the freight is not ready to or is unable (for any reason) to unload the freight within 60 minutes of your arrival.
12. Freight provider warranties
You agree and warrant that:
- you are able to complete any Job you accept;
- you will not use the Site for illegal purposes, including without limitation,
- you will not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without our prior written consent;
- 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;
- you will not use the Site to engage in misleading or deceptive conduct;
- you will carry all insurance (including vehicle, Public Liability and Marine - goods in transit insurance) required as a matter of law or by prudent commercial practice;
- you will not use the Site in relation to the actual or proposed transportation of any illegal or prohibited goods;
- the vehicle you use to provide the Transport Services will be fit for purpose and will at a minimum have a covered/enclosed body;
- you will maintain your vehicles in a roadworthy condition at all times;
- you will comply with the terms of any license you are issued to operate your vehicles;
- you will act in a professional and diligent manner at all times;
- you will not act in a manner that causes damage to our name and/or reputation;
- you will not make any warranty, promise or representation on our behalf;
- you will be responsible for abiding by the requirements of the Chain of Responsibility laws.
13. Termination and survival
We may terminate these Terms and your access to the Site and the Site Services:
- if you breach the Terms and fail to remedy the breach within 7 days of our written notice to you; or
- 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, Job Requests, 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:
- the mediator is the person appointed by; and
- 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.
18. Interpretation
“Additional Charge“ means the costs you incur where you are allocated a Job and cannot complete it due to actions or inactions 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
"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.
“You” means a provider of Transport Services arranged by Indie Freight Direct on behalf of Customers, subject to these Terms.
