This Website operates as an online marketplace to enable Users to post Jobs, and Transport Providers to quote for these Jobs, with a view to entering into a Booking.
INFORMATION WHICH WE ARE REQUIRED TO GIVE YOU
The General Conditions set out the terms and conditions on which we will provide our services to you.
You may access most areas of the Website without the need for Registration in which case only the General Conditions will apply to you. Certain areas of the Website are only open to you if you are a Member and if you decide to register as a Member you will be asked to confirm expressly that you have read and accepted the Supplemental Conditions as well as the General Conditions.
The Conditions (as defined below) apply to the access to and use of the Website, and to any correspondence by email between you and us. Please read these terms carefully before using the website. Using the Website indicates that you accept the General Conditions regardless of whether or not you choose to become a Member. If you do not accept the General Conditions, do not use the Website.
We may revise the Conditions at any time by updating this posting. You should check the Website from time to time to review the current version of the Conditions because they are binding on you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Website.
Any rights not expressly granted in these terms are reserved.
"Transport Provider" means a Member who has submitted a quotation in respect of a Job;
"Conditions" means all conditions applicable to a person accessing the Website in connection with his use of the Website (i.e. for a mere visitor, the General Conditions alone, and for a Member, the General Conditions and the Supplementary Conditions);
"User" means a Member who has posted a Job on the Website;
"Job" means the transportation request posted by the User on the Website;
"Member" means a person who has Registered (and "Membership" means the status of being a Member);
"Registration" or "Register" means setting up a membership account having agreed to the Conditions;
"Website" means www.upmove.com.au;
"Booking" means the agreement entered into between a Transport Provider and a User for the performance of a Job.
OUR SERVICES - NEUTRAL VENUE
- We are not a transportation service provider, freight forwarder, broker or intermediary of any sort. Website acts as a neutral venue through which Transport Providers and Users can meet and enter into negotiations with a view to entering into Booking. We are in no way involved in the actual Booking. We have no, and assume no, control over the quality, safety, or legal aspects of the Bookings that take place through the Site.
- It is the responsibility of the User to select a suitable Transport Provider for the provision of the Job and the responsibility of the User and the Transport Provider to negotiate the terms of the Booking.
- Whilst we endeavour to ensure that the Website is available 24 hours a day, we shall not be liable if, for any reason, the Website is unavailable at any time or for any period.
- Access to the Website may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.
- Whilst we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy or completeness of the material on the Website. We may make changes to the material on the Website at any time and without notice. The material on the Website may be out of date, and we make no commitment to update such material.
- The contents of the Website are provided "as is", and we provide no warranties in respect of such contents.
- You are prohibited from posting or transmitting to or from the Website any material:
- that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- You may not misuse the Website (including, without limitation, by hacking).
- We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause 3.
- You are permitted to view, print and download extracts from the Website for your own use on the basis that:
- no documents or related graphics on the Website are modified in any way;
- no graphics on the Website are used separately from the corresponding text; and
- our copyright notices and this permission notice appear in all copies.
- Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including, without limitation, photographs and graphical images) are owned by us or our licensors. Saved as agreed otherwise, any use of extracts from the Website other than in accordance with clause 4.1 is prohibited, and if you breach clause 4.1, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
- Subject to clause 4.1, no part of the Website may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service without our prior written permission.
- To the extent permitted by law we hereby exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
- INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE
- We may, at our sole discretion, restrict your access to the Website and/or refuse to correspond with you without prior notice where:
- there is a regulatory or statutory change limiting our ability to provide access to the Website;
- there is any event beyond our reasonable control preventing us from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
- we consider that you are abusing the Website or are otherwise acting in breach of the Conditions.
- You warrant that it is legal for you to view the Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.
- A failure or delay in enforcing compliance with one or more provisions of these Conditions shall not constitute a waiver of any other provision of these Conditions.
- If any provisions of the Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- The Conditions constitute the entire agreement between ourselves as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
- Any and all notices to be given by either one of us to the other pursuant to or in connection with the Conditions shall be deemed sufficiently given when forwarded by email or facsimile transmission in each case addressed to you at any email address or facsimile number you have given us or to us at the email address or facsimile number displayed at the start of these General Conditions.