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Freighttender.com Terms and Conditions


1. Introduction
   
1.1 These are the Terms and Conditions for www.freighttender.com.
   
1.2 These terms and conditions apply to your use of the services available through the domain at www.freighttender.com. By registering, advertising or otherwise using our services you agree to be bound by these terms and conditions which can only be varied by us access those services.
   
2.

Definitions

The following definitions apply to words and phrases used in this User Agreement.

   
2.1 “Advertiser” means any User that places an Advertisement on the Site.
   
2.2 “Advertisement” means information posted on the Site by a User requiring Freight or available Freight.
   
2.3 “Bid” means a proposal to purchase Freight, or details of Freight available, posted on the Site in response to an Advertisement.
   
2.4 “Bidder” means any User that places a Bid in response to an Advertisement.
   
2.5 “Our Services” means the provision by us (our servants or agents), subject to the terms and conditions of this User Agreement, of the Site as a venue on which Users can advertise Freight for sale or the advertisers requirments to purchase Freight or bid to purchase Freight.
   
2.6 “Site” means http://www.freighttender.com.
   
2.7 “User” means a the owner of goods for shipment and buyers of goods or any other person or legal entity that has registered to use the Site and in doing so has agreed to comply with these terms and conditions.
   
3. General
   
3.1 We may amend these terms and conditions at any time by posting new or amended terms and conditions on the Site. Users will be bound by any amended terms and conditions from the date of posting on the Site.
   
3.2 Please note that we are not an auctioneer. The Site acts as a venue which allows Users to place Advertisements and Bids prior to entering into formal negotiations for any services, at anytime, from anywhere, in a variety of price formats. We do not review Advertisements nor Bids nor any contractual terms agreed between Users. We never possess goods for sale and we are not involved in delivering any goods nor in negotiating terms between Advertisers and Bidders. As a result we have no control over the quality, safety or legality of the services referred to in Advertisements nor over the truth or accuracy of Advertisements, nor over the ability of the Advertisers and Bidders to perform their obligations or pay for any services provided. Do not assume that the offer, export or import of any item is valid and legal simply because it is advertised on the Site. We are not responsible for ensuring that Bidders and Shippers actually complete a transaction. You accept sole responsibility for the legality of your actions and the laws applying to you.
   
3.3 Users shall at all times be deemed to be using Our Service in the course of business.
   
4. Registration
   
4.1 You must read, agree with and accept all the terms and conditions which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a User of the Site. By clicking on the acceptance button below you acknowledge that you have read, understood and agree with those terms and conditions. Our Service may not be used before completion of the registration process and acceptance of those terms and conditions. The information required by us during registration and given by you will form part of the agreement between you and us. You warrant that such information given is complete, accurate and not misleading. If you are registering on behalf of a legal entity other than yourself, you represent that you have the authority to bind that entity to this User Agreement.
   
4.2 During registration you must choose a User identification and password (“User Details”). You are responsible for all actions taken by anyone accessing the Site using your User Details and must only access and use the Site using your own User Details. You must make every effort to keep your User Details safe and should not disclose them to any other person nor permit either directly or indirectly any other person to use your User Details to access Our Services. You must not transfer or sell your User Details to any other person.
   
4.3

We reserve the right to cancel or suspend your registration as a User at any time by giving notice by email to you. The circumstances in which we will exercise that right include but are not limited to:

a) Where a User is in breach this Agreement;
b) Where we are unable to verify or authenticate information provide to us by a User;
c) Where we believe that a User is or may have caused loss to another User or failed to make any payment due to another User;
d) Where we believe or suspect that Our Services are being used to further any criminal activity.
   
4.4 Our Services are not available to, and may not be used by, persons under the age of eighteen years or by Users whose registration has been suspended or cancelled.
   
5. Bidding Process
   
5.1 An Advertisement is not to be regarded as an offer and a Bid is not to be regarded as an acceptance of an offer so as to give rise to any legally binding obligation. Advertisements and Bids are an indication of a User’s desire to enter into negotiations with other Users with a view to entering a legally binding agreement.
   
5.2 By posting a Bid you agree to be bound by the conditions of sale included in the Advertisement concerned to the extent that those conditions of sale are not in breach of this User Agreement or otherwise unlawful.
   
5.3 Once the Advertiser has accessed the Bidder’s details it is at the sole discretion of the Advertiser whether to contact the Bidder. Advertisers and Bidders are entitled to retract their Advertisement or Bid at any time up to the time when a formal contract is entered between them.
   
5.4 We will not be a party to any contract entered into between Users and shall not be regarded as such for any purpose whatsoever.
   
6. Misuse
   
6.1 You warrant that any information you provide in any Advertisement, Bid, feedback and any other content that you post on the Site is true, accurate and not misleading.
   
6.2 We give no warranty and accept no liability in respect of the purported identity of Users or the information which Users post on the Site.
   
6.3

You must not post on the Site:

a) anything which is defamatory or the posting of which constitutes a breach of any legal obligation owed to a third party (including breach of copyright or confidence) or a breach of any legislation or restriction imposed by any governmental body;
b) any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt or disrupt normal operating procedure of a computer or to surreptitiously intercept, access without authority or expropriate any system, date or personal information;
c) anything which causes the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness of functionality of the Site is in any way impaired.
   

We reserve the right to remove from the Site without warning any information or thing which is, or we suspect may have been, posted in breach of this clause.

   
7. Transfer of Data
   
7.1 Any information provided to us by Users will be stored and processed on our computers and may be passed to other Users in connection with Our Services. Users consent to the use and disclosure in this way of any information provide by them to us including information which is personal information for the purposes of the Data Protection Act 1998. Any personal or other information held by us will be deleted from our records and computers when no longer required for the purposes of Our Services.
   
7.2 Any information disclosed to you as part of Our Service must not be used for any other purpose and must be destroyed when no longer required for that permitted use. You agree to indemnify us against any claim, loss, liability, expense and/or damage arising from the unlawful or unauthorised use, storage or disclosure of any such information.
   
8. Limitation of Liability
   
8.1 Neither we nor any of our employees, directors, or agents give any guarantee that Our Services and access to them will be continuous, uninterrupted or secure nor that the operation of the Site will not be interfered with by circumstances outside our control. The Site and Our Services are provided “as is” and as and when available, and to the extent permissible by law we and they exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
   
8.2 Neither we nor any of our employees, directors, or agents will be liable for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special indirect or consequential damages (however arising, including negligence) arising out of or in connection with Our Services or the Site.
   
8.3

Our liability to you or any third party, and the liability of our employees, directors and agents shall in all circumstance is limited to the greater of:

a) the total fees you have paid to us; and
b) £100.
   
8.4. In the event that you have any right, claim or action against any other User arising from that User’s use of the Site, you agree to pursue such a right, claim or action independently of and without recourse to us, and you release us (and our employees, directors and agents) from all claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in any way connected with such right, claim or action.
   
8.5. IN NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY BREACH BY A USER OF ITS CONTRACTUAL OBLIGATIONS TO ANOTHER USER OR IN RESPECT OF ANY CLAIM BY A USER AGAINST ANOTHER USER FOR ANY OTHER REASON.
   
8.6. Indemnity
   
  You agree to indemnify us and our employees, directors and agents fully and effectively against any claim, costs or demand, including legal fees, made by any third party due to or arising out of your breach of this User Agreement.
   
8.7. Governing Law
   
  This User Agreement shall be governed by and construed in accordance with English Law and subject to the exclusive jurisdiction of the English Courts.
   

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Currency conversions are provided only as a guide using mid-market rates.
You should calculate your own rates using the original advert or bid currency for more accurate rates.