Terms Of Service
BY CLICKING ACCEPT ON OUR WEB PAGE, OR OTHERWISE ACCESSING OR
USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND
AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MAY
NOT USE THE SERVICE.
Information Collection and Use
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, email address, and postal address. The information that we collect will be used to contact or identify you.
Loadfinder (the "Company") offers Services to access to its website www.loadfinder.com and the associated mobile application, Loadfinder provides an online and mobile platform (the “Service”). The System operates as both a finder and facilitator seeking to match the needs of Shipper with Carrier for the transportation of freight and cargo whereby Shippers can submit a request for the transportation of freight or cargo (“Shipment"). The System and Site acts as a forum for Shipper and Carrier to request and provide a Quote respectively and agree on prices and other terms and to enter into an agreement regarding the provision of services by the Carrier for each Job. Loadfinder is a neutral facilitator and the Carrier acknowledges and agrees that Loadfinder is not directly involved in the transactions and arrangements between Shipper and Carrier.
2. Definitions and Interpretation
"Carrier" means a Truck with authority issued by the Department of Land Transport for operator in Thailand. The term included a Carrier’s drivers, whether employees or independent contractors, as well as a Carrier’s agents, officers and representative. A Carrier who accesses or uses the Service is an independent contractor and remain solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching driver. A Carrier is solely responsible for the inspection and maintenance of motor vehicle equipment and accessories, Carrier is solely responsible for its own actions, omission, training, oversight, complain with regulator and safety requirements, and all management of Carrier’s equipment, services, drivers, employees, contractors, agents and servants. A Carrier maintains sole control over the methods and results by which it performs freight transportation services and retain the sole duty to provide, maintain, manage and control the equipment, personnel, and expertise required to transport a Shipper’s freight, Loadfinder is not an agent for any Carrier. No Carrier is ever an agent for Loadfinder.
"Provider Services" means the freight (and any other) services that the Carrier
offers and/or provides to one or more Users.
"Site" means the website operated by Loadfinder at loadfinder.co.th
“Shipper” means a Shipper or Customers owns possesses the rights to tangible property or freight and/or means any party acting on behalf of the owner or any persons legally interested in the goods and has the authority to provide instructions or be entitled the rights or obligations under the contract of carriage concluded with the company. The Shipper is a person or entity who seeks the transportation of freight by a licensed Carrier.
“User” means any individual or company who accesses or use the Service. This individual may be a Carrier or a Shipper.
3. Relationship / No Agency
- Loadfinder as Service Provider. Loadfinder is an independent provider, performing the Service on behalf of Carrier. Nothing in this Agreement will be construed as establishing an employment relationship, joint venture, joint enterprise, partnership, or any other relationship between Loadfinder and carrier.
- Carrier hereby grants authorization to Loadfinder to act as Carrier’s and associated paperwork for securing cargo and billing purposes. Carrier hereby authorizes Loadfinder to obtain Carrier’s Certificates of Insurance, Motor Carrier Authority, and other official documents related to Carrier as required.
- Carrier acknowledges and agrees that Loadfinder is not the shipper’s agent.
4. Carrier and Shipper Responsibilities/Warranty
- Carrier represents that it has full authority to enter into this Agreement, and to make the assignments required.
- Carrier agrees to maintain all proper licenses and permits to conduct business as a motor carrier in the areas of intended operation and agrees to maintain liability and cargo insurance.
- Loadfinder will be held harmless, and Carrier shall indemnify Loadfinder for same.
- In the event of any and all claims arising out of Carriers failure to adhere to its responsibilities herein. Carrier agrees to provide all documents as required by the Company, and acknowledges such document requirements may change at any time.
- Carrier agrees it will not encumber in anyway any rate confirmation, bill of lading, right to payment, or invoice (collectively “Invoices”) and warrants and represents that there are no prior claims, rights or interests in said Invoices.
- Transactions facilitated through the Site and System are final, and no cancellations can be made through the Site or System. If a Carrier wishes to cancel a Job, or cannot complete a Job as the case may be, then the Carrier’s Terms shall determine the procedure and any rights and remedies available to the parties.
- If there is a dispute that arises between the Shipper and the Carrier relating to a Job and Loadfinder substantiates a complaint by a Shipper which indicates Carrier has demonstrated poor conduct then may suspend, terminate, or impose additional obligations on the Carrier’s account without notice.
- Carrier are entitled to reply to any Shipper complaints left on their publicly available feedback profile. Any responses that breach Loadfinder’s website rules may also result in suspension, termination or additional penalties on the Carrier’s account without notice.
- Carrier warrants that Carrier has no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would be in conflict or inconsisten with or that would hinder Carrier’s performance of its obligations under this Agreement.
- Carrier warrants that Carrier will act in a thorough and professional manner, consistent with high professional and industry standards by individuals with the requisite training, background, experience, technical knowledge and skills to perform Carrier services.
- Carrier warrants that it is under no legal or other impediment that may prevent it fully carrying out its obligations under this Agreement
- Carrier warrants that it will be in all respects able to full fill completely any Job in respect of which it Quotes.
- Carrier warrants that any personnel it engages are and will at all times remain qualified to offer and perform the Carrier Services.
- Carrier warrants that all personnel engaged by Carrier will exercise a high degree of skill, care and professionalism in providing the Carrier services to each Shipper.
- Carrier warrants that will ensure that all information (including but not limited to that set out in any application for registration as a Carrier) including information relating to the Carrier's qualifications and capacity is true and correct in every respect and will be updated by the Carrier if and when it materially changes during the period of the Carrier's use of the System.
- Carrier warrants that will comply with all laws and regulations regarding the provision of the Carrier Services as well as all laws and regulations relating to privacy.
- Carrier warrant that will not use the Site or System to procure the handling or the transportation of goods in respect of which the Carrier knows, suspects or ought to know or suspect the Shipper has no title or other right.
- Carrier and Shipper warrants that will not use the Site or System for illegal purposes, including without limitation, by posting to the Site information encouraging conduct that would constitute a criminal offence.
- Carrier and Shipper warrants that will not use any feature of the Site to send unsolicited commercial emails to any other shipper of the Site or System, whether individually or as a group.
- Carrier and Shipper warrants that will not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without Loadfinder's prior written consent.
- Carrier and Shipper warrants that will not use anything on the Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with Loadfinder.
- Carrier and Shipper warrants that will not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs.
- Carrier and Shipper warrants that will not take any action that imposes an unreasonable or disproportionately large load on Loadfinder's infrastructure.
- Carrier and Shipper warrants that will not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Loadfinder or do anything that compromises the security of the Site.
- Carrier and Shipper warrants that will not use the Site to engage in misleading or deceptive online marketing practices.
- Carrier and Shipper warrants that will not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email.
- Carrier and Shipper warrants that will provide Loadfinder with complete and accurate contact details when using the System enabling Users to contact the Carrier as requested.
- Carrier and Shipper warrants that will not use the Site or System in relation to facilitate the actual or proposed transportation of any illegal or prohibited goods.
- Shipper warrant that will complete and pay for any transaction agreed with Carrier using the Site and the System.
- Shipper warrant that will not use the Site or System to procure the handling of or the transportation of goods in respect of which User has no title or other right.
- A Job is secured once the Shipper accepts the Carrier's Quote and pays the Fees into an account held by Loadfinder.
- Loadfinder will charge the Booking Fee to the Carrier for each Job for which the Carrier provides a successful Quote. Loadfinder may deduct the Booking Fee from the Fees being held in Loadfinder’s account for any such successful Quote.
- For each shipment, Shipper will pay Loadfinder the fee listed to Shipper upon acceptance of the applicable shipment on the service (“Shipment Fees”) as well as any additional charges Shipper may incur related to the completion of the shipment.
- When a shipment fees is processed, Loadfinder shall display a completed charge screen, This is Shipper’s electronic receipt. Shipper should print or save this electronic receipt for its record.
- For each shipment, Loadfinder will pay carrier the fees listed to carrier when carrier accepted and delivery the shipment.
- User agrees that User are responsible for the collection and/or payment of all taxes, which User may be liable for in any jurisdiction arising from use of the service, Loadfinder is not responsible for collecting, reporting, paying, or remitting to User any such taxes.
6. Force Majeure
- Loadfinder will not be liable for any failure or delay in the performance of its obligations to the User if that failure or delay is due to circumstances beyond Loadfinder's reasonable control including, without limitation, any act of God or other cause including any mechanical, electronic, communications or third party supplier failure.
- Loadfinder will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any third party information or third party service provided by or through the site or any linked websites whether linked to or from Loadfinder's Site.
- Loadfinder may provide links and pointers to websites maintained by third parties or serve information from third party websites, which are not under the control of Loadfinder, Loadfinder is not responsible for the contents of any third party information, any linked website, or any website link contained in any linked website.
7. Confidential Information
For purposes of this Agreement, “Confidential Information” means and will include any information, materials or knowledge regarding Loadfinder and its business, financial condition, products, programming techniques, customers suppliers, technology or research and development that is disclosed to Carrier or to which Carrier has access in connection with Loadfinder’s performing of dispatch Services, However,The terms and conditions of this Agreement. Confidential Information will not include any information that
(a) is or becomes part of the public domain through no fault of Carrier;
(b) Carrier rightfully receives from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure. Carrier agrees to hold all Confidential Information in strict confidence, not use it in any way, commercially or otherwise.
User indemnifies and holds Loadfinder harmless from and against any claims, demands, proceedings, losses and damages (including direct, indirect or special) made by any User or third party arising out of or in relation to the User's use of the Site or the System, the User's breach of this Agreement, or the User's violation of any law or the rights of a third party.
9. Intellectual Property
- All intellectual property rights in information, data and materials used or appearing on the Site including (without limitation) all software, tools, knowhow, processes, trademarks, logos and other materials shall remain the sole and exclusive property of Loadfinder or its licensors. The User acknowledges and agrees that it shall not acquire any rights, title or interest in or to any of Loadfinder's intellectual property rights.
- To the extent that the User submits any information or material to Loadfinder relating to a Job Request or for otherwise posting on the Site, the User automatically grants Loadfinder a licenses to use the information or material for the purpose for which it is provided.
- The User agrees that access to the Site, and any material or information contained in it, is granted by Loadfinder on the condition that such access is for User’s own use only and such access may not be sold, used or redistributed for any other purpose.
- The User may not use screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of reproducing information contained on this Site on or through any other medium, except with Loadfinder's prior written consent.
- Either party may terminate this Agreement if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days following written notice thereof from the non-breaching party. Loadfinder may terminate this Agreement immediately if Carrier does not maintain any license, registration or insurance necessary to operate in Thailand.
- Either Party may terminate this Agreement at any time, for any reason or no reason, upon at least ten (10) days written notice to the other party.
- Upon the expiration or any termination of this Agreement, Loadfinder will pay Carrier any unpaid amounts that have been collected on behalf of Carrier from Shipper for loads accepted prior to the effective date of expiration or termination. Loadfinder reserves all rights to collect all outstanding accounts receivable still outstanding under this Agreement, including but without limitation, reasonable assistance from Carrier, and all remedies in equity and law.
- No Election of Remedies. Except as expressly set forth in this Agreement, the exercise by Loadfinder of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or available at law or in equity.
- Carrier may not assign or transfer any of Carrier’s rights or delegate any of Carrier’s obligations under this Agreement, in whole or in part, without Loadfinder’s express prior written consent. Any attempted assignment, transfer or delegation, without such consent, will be void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties permitted successors and assigns.
- Performance or other equitable relief, without having to post a bond or other consideration, in addition to all other remedies that Loadfinder may have for a breach of this Agreement.
- If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
12. Governing Law
This Agreement is only valid for loads that originate and terminate in The laws to Thailand