This document defines the terms of use and conditions of use of Shipping Match or ShippingMatch.com which you give consent to. By utilizing our services or accessing the Shipping Match web site or by creating a user account, you consent to follow this user agreements and abide by the terms listed in this document with no exception. This Agreement is effective on April 30th, 2020 for all users.
1. General Information
Shipping Match is not a broker or transportation company that will transport or transfer your shipment/items. Shipping Match exists solely as neutral site or load board for shipping customers and service providers to connect with one another for transportation purposes. In no event shall Shipping Match.com be held responsible for any kind of damaged shipment transported by transporters or service providers found on Shipping Match. Our site solely exists to help shipment providers or transportation service providers and shipping customers come to an agreement and carry out the shipment or transportation service between both parties according to their agreed terms. Every user is responsible for making his/her informed decision and do his/her due diligence based on the information obtained from the other party before completing a transaction. Shipping Match does not endorse any Service Provider or certifies any transporter found on Shipping Match website.
Shipping Match has no control over the quality, value, authenticity or any information regarding the products that are being shipped or transported or regarding the quality of service that is provided by the service providers. Shipping Match shall not be held liable for any legal disputes over the products or shipments being shipped. It is your responsibility to check whether the product/shipment that is being shipped is legal in your country/city/state and confirm that all the details of the shipment is accurate as listed by the shipping customers. Furthermore, we are also not responsible for any warranty claims, any damage to the product while being shipped/transported. Our sole purpose is to exist as a neutral venue where shipping customers and service providers or transporters can come together and decide on a price that suits them both along with their own terms of the services. We are in no way liable to any circumstance or situation caused by the services provided by you or by the other party that you are transacting with. You consent to the knowledge that Shipping Match does not provide any direct shipping service nor will Shipping Match be held responsible or be obligated to help you in any way in regards to the services provided by any service providers to shipping customers or vice versa. We will try and mediate between customers if dispute arises but we are not obligated to do so. We advise every user of ShippingMatch.com to do their due diligence when transacting on our site to ensure that they confirm the insurance validity of the service provider and request all necessary proof of insurance documentation from the service provider prior to assigning their shipments and releasing the shipment details. We also recommend that service providers, ensure that concrete arrangement is made regarding payment between the shipping customer and the service provider as Shipping Match cannot guaranty any payment for services rendered by you as a Service Provider. You are responsible for making concrete arrangement to get paid for the services rendered by you to the Shipping Customers found on Shipping Match.
You have no right to damage or try to damage any content of the site, interface, services or any network used by Shipping Match. You are not allowed to access the information present on the Website for any other purpose by using different unauthorized means like scraper, robot or spider.
You are also not allowed to share your personal information, like your email and phone numbers on the message board, personal profiles, and in question section or in feedback section of the site or any other activity that may constitute circumvention of our service fee which is deducted from service provider’s quoted amount. According to our rules, you are proscribed from sharing your membership information or contact information or financial information with anyone publicly on the load board as this can lead to a serious tampering to your membership, as well as your personal data and information like your credit card records. All the tax payments are the responsibility of the shipping customers and service providers, Shipping Match does not collect tax from its users but we may provide the details of all the transactions to the appropriate tax agency when required by local, state or national law of your country to do so.
You agree that it is your personal responsibility to secure account username and password and you will not share your membership information with someone else. According to Shipping Match written terms and conditions your membership is not transferable and thus can’t be sold. If you feel that your username and or password have been comprised, it is your responsibility to contact Shipping Match customer support immediately.
2. Service Fee
All users of Shipping Match agree to only use Shipping Match to complete their shipping transactions; all transactions must be completed on ShippingMatch.com until the shipment is dispatched. You agree that the service fee or the service commission for Shipping Match will not be circumvent by you and you agree that any attempt to circumvent Shipping Match service fee or service commission will lead to permanent termination of your account.
You agree that as a Shipping Customer you will pay the service fee and the balance of the transactional amount to the service provider once your shipment is delivered as agreed. You are also obligated to pay the Service Provider the balance amount due before or when your shipment is picked up or at the point of delivery, depending on the payment agreed terms between you and the service provider you are transacting with.
You agree that as a Service Provider, you will not charge Shipping Customer extra amount of money other than what was agreed to, prior to the shipment being dispatched except when the shipping customer asks for additional service or the shipment is different from what was posted and this intent to charge extra must be communicated and agreed between the Service Providers and the Shipping Customer prior to picking up the shipment. A documented written record, email or text message must be established to support the agreement for intent to charge extra fee for the shipment.
As a user of Shipping Match.com, you agree that you shall not exchange personal contact details, which includes; phone number, email, website address, social media profile etc with other users prior to the shipment being assigned or dispatched. You agree that any violation to this rule will lead to permanent termination of your account and you will not be allowed to register for another account on Shipping Match anymore.
3. Use of Website
You agree that, Shipping Match owns and runs Shipping Match.com website along with other parties, the Website consists of Materials; that include (but are not limited to) text, graphics, images, video, audio and other data. The website, its materials and selection, assembly, and compilation is under the protection of the International and United States copyrights, trademark as well as other law applicable. You acknowledge these rights are legitimate and applicable. The Materials and any other rights that relate to are and shall remain the legal properties of Shipping Match and its associates.
You are allowed to access, use, and surf through the website according to the rules and regulations set by the Shipping Match. You can also download specific materials available on the Website but it should be duly noted that these downloaded materials are for personal and non-commercial use as it is mentioned in the Terms of Use and any other legal writing provided by the Shipping Match and its associates. You are not allowed the right of reproduction, modification, distribution, sale or any other use of the website and/or its materials that is stated illegitimate according the Terms of use or any other legal writing provided by the Shipping Match, without the prior written approval of the Shipping Match. If Shipping Match web site or its Materials are used or modified for any other purpose which is proved to be illegal or inappropriately used, the terms of use of the Shipping Match legal action will be taken against you. The materials at this website are under the protection of copyrights and other legal documents in the United States as well as other countries. Trade dress, unfair competition, trade secret, and other laws are protecting the website and its materials; therefore, Shipping Match and its materials should not be copied and/or modified as a whole or in parts. If you are found to violate any of these Terms of Use in any way, you will no longer be authorized to use Shipping Match website and/or it’s materials and you should destroy any downloaded and/or printed material obtained from the website.
You are supposed to create and input a User ID and a password while registering for an account on Shipping Match website. You are required to register on the website in order to gain full access to certain areas of the website and complete a transaction. By registering as a shipping customer, you agree to provide complete, correct and recent personal information that might include but is not limited to your name, email address and phone numbers according to our registration form. If you register as a Service Provider, you are agree to provide complete, correct and recent personal and business information which includes, your name, email address, cell phone, office phone number, company name, address, business insurance information and expiration as well as equipment information. You are also required to maintain and update the information provided in case of any change or update. You agree that all the information that you provide to the website during registration or any other purpose related to the website is and shall remain accurate, current and whole and that you will update that information as required. You also agree to our right of terminating your registration or use of the website in case you provided false and/or incomplete information. We also have the right to revoke your access to the Website if you are caught using someone else’s account, violates any rights or you’re being offensive or derogatory to any other party on the website. You agree that you will transact in a professional manner with any other party that you are dealing with regarding a transaction that originates on Shipping Match. You will be responsible for the safety and confidentiality of the User ID and password and the restriction of access to any private information that you provide to the Website. You will also be held accountable for all the activities and transactions that take place on Shipping Match through your user account profile.
4. Use of Software and Certain Materials
Shipping Match Website might ask you to download certain software provided by Shipping Match or register for an account if you need to access certain portions of the Website. If you use the account and/or such software from our website then you will have to comply with the rules and regulations that are related to the software or registration process. Hence, by registering an account or by downloading any software, you automatically agree to the conditions that accompany it. It is possible that certain software or materials found on the website may be under the jurisdiction of the export rules imposed by the United States or any other applicable country or local law of where you are located. If you buy or use such software or materials you agree to follow all the rules that apply to it and agree that you will not export or re-export the materials to countries or people that are prohibited under the United States laws or any other national or local laws that are applicable to your location and jurisdiction of transaction. If you register for an account on Shipping Match or download and/or utilize the material or software provided by Shipping Match, you indicate that you are not situated, controlled by or are a national of any country prohibited from doing so. You also agree that you are obligated to only engage in a shipment of legal items/shipments on Shipping Match, you will not engage in a shipment or listing of an illegal items according to the United States laws or any applicable national or local laws of your residence or place of transaction.
5. Accuracy of Information
The Shipping Match aims to confirm that all the information provided on the website is complete, accurate and current. In spite of our actions, there may be certain information that is not correct or is outdated. Hence, we do not claim any information present on this website to be accurate, true or updated. The product information present on the website is only there for people to know more about the shipment and website users, Shipping Match strives to bring the most accurate and updated information but due to possible change of personal and business information and shipment information, we are not able to guarantee the accuracy or completion of the information posted on our website. The color or picture of a shipment may not be an exact picture, customer may use a similar picture to give a description, and it’s your responsibility to confirm the accuracy and details of the shipment from the other party that you are dealing with, you are recommended to use the website message system to clarify necessary information. Shipping Match has all rights to update or change information or availability without any prior consent to the site users. Shipping Match may terminate any listing that violates the user agreement of the website.
The information as well as the content displayed on the website may have been contributed or provided by third party vendors. The display of such content on the website does not mean that the Shipping Match approves or claims the content to be authentic and legal in any way and does not take such responsibility.
6. Limitation of Liability
You concur that, to the most extreme degree allowed by United States laws or any other applicable local law, all risk and responsibility shall be borne by you regarding the use of Shipping Match to complete your shipping transaction. You agree that unless otherwise stated in a separate agreement, we are not responsible for
In no occasion should we, the administrators of Shipping Match, owners of the website or staff be held liable or responsible for any loss or other types of risk, for:
The confinements on our obligation to you above should apply regardless of whether we, our related elements, our associates or staffs have been instructed concerning the likelihood of such misfortunes or harms emerging.
7. Shipment Dispatch Documents
For pickup and delivery purposes, Shipping Match generates a printable Dispatch Documents based on the information provided by the Shipping Customer and the Service Provider while transacting on our website. The Shipment Dispatch Document comprises the shipment details, contact information for both parties, the agreed amount and payment terms. This Shipment Dispatch Document is considered a legal binding contract between you (Shipping Customer) and the Service Provider, so it shall be deemed to have been conclusively prepared and generated by you, the Shipping Customer. Both Service Provider and Shipping Customer agree that Shipping Match does not generate or prepare Shipment Dispatch Documents and Shipping Match is not a party to the Shipment Dispatch Documents. The agreement in the Shipment Dispatch Document is non-negotiable except in a situation where the shipment is different from what was described or posted by the Shipping Customer. As a Shipping Customer, you are responsible to provide a Bill of Lading for certain shipments that require this document and failure to do so may lead to cancelation of your booking or delivery delay of your shipment. As a Shipping Customer you are required to always include in your listing, if your shipment requires bill of lading or if the shipment will be going to the shipping port, rail yard, storage, residence, commercial destination and etc. You agree that in a case that you as a Shipping Customer fails to provide the necessary documents to the service provider, your shipment may be stored at a third party storage yard and you shall be liable for the storage fee and any further charges in regards to the delivery of your shipment. You also agree that as a Shipping Customer, you are responsible for downloading, requesting and confirming the validity of the Service Provider’s insurance policy, to ensure that the service provider’s policy is enough or valid to cover your goods in case of damages or whatsoever. Failure to do does not transfer the damage/loss liability unto Shipping Match.
8. Becoming a Member
Both Shipping Customers and Service Providers can register for free user account. The Shipping Customer’s account becomes active immediately while Service Provider’s account may take minimum of five business days for such account to be activated depending on where the service provider is located and how much and accurate are the information provided while registering. As a member, you agree and bind yourself legally in a contract to follow the user agreements and Privacy Policies of Shipping Match and you will face legal consequence in case any of these terms are breached. Shipping Match is only to be used by individuals of 18 years or older, thus only the stated age group or above should and can register as a member on Shipping Match.
9. Prohibition of Off-Site Communication
Shipping Match prohibits off-site communication between the Service Provider and the Shipping Customer prior to the assignment of shipment, the shipping transaction must be completed on Shipping Match.com website. A quote must be submitted on Shipping Match website and the shipment must be dispatched on Shipping Match website in order for such transaction to be considered in compliance with our user agreements. Any act to circumvent our service fee or commission will result in an immediate ban of such user(s) account(s). Shipping Match is a neutral shipping service website that provides those in need of shipping, transportation and moving services with ability to connect with Service Provider of their choice(s). Sharing any personal information on your listing such as, phone number, e-mail address or physical address for either Shipping Customers or Service Providers to contact you directly is strictly prohibited and such user’s account will be terminated. All the necessary shipment details should be provided when dispatching the shipment to the service provider.
For security reasons; Shipping customers and Service Providers are highly prohibited from obtaining giving or obtaining specific pickup and delivery information over the phone without the shipment being dispatched to that particular service provider yet. Any user caught trying to circumvent Shipping Match service fee will be blocked and the account will be locked. Additionally, Shipping Match retains all rights to remove any information added to the site that goes against our terms and might result in termination of such user.
10. Accurate Information
As a member, you must give Shipping Match the right and accurate personal information like your email, phone number and home address. However, you also have to update your information when needed and if anything changes. If you have changed your email or contact information, then you must update such information accordingly as well. Shipping Match may email you to verify your personal information and/or business information. Shipping Customer may create a business membership in addition to a personal membership; this may be only allowed at the discretion of Shipping Match. Service Provider can only have one account using one transportation licensure as licensed by the United States transportation authority or the applicable local transportation authority where the Service Provider resides.
11. Termination of User Account
Your account will be terminated or will be banned if Shipping Match receives excessive complaints about your user account or transactions. Shipping Match have the rights to permanently block your membership if someone complaints about your offensive and disturbance behavior. Your account may also be blocked if we receive complaints from Shipping Customers that you failed to carry out the transportation service that you have committed to transport. We encourage every Service Provider to always communicate with the Shipping Customer if there is any delay of shipment delivery. Shipping Match strictly recommends that all transactions conducted on Shipping Match must be conducted in a professional manner. If Shipping Match receives too many complaints from other members, your usage of Shipping Match will be suspended temporarily or your account may be permanently blocked at our discretion. Shipping Match may or may not give you a warning and you agree with the terms and conditions that you will never open a new Shipping Match account. If you intentionally want to quit the Shipping Match membership, you have to inform us, by sending a written letter or sending an email and we will de-activate the account. However, all active transaction/shipments must have been completed successfully prior to requesting the closure of your account. It may take up to five business days for us to close your account. In no condition should you allow someone else to use your account to transact except if the person is part of your company and you agree that you will be held liable for all the transactions that take place using your account.
No Service Providers shall attempt to collect more money than the quoted amount except in a situation where the shipment is different from the picture(s) or description posted on Shipping Match, when this occurs, such Service Provider is required to contact the Shipping Customer immediately and agree on the new quotation. This must be documented through email or through Shipping Match message system, there must be a documented correspondence from both party agreeing to complete the transaction based on the new quote or else, an attempt to collect more money will be considered a violation and such service provider’s account may be terminated. No Service Provider should take part in any unethical activity against Shipping Customers, you are required to bring to our attention any dispute that you may have with a Shipping Customer and we will try to mediate between the two parties to resolve the dispute. Shipping Match does not condone any unethical behavior from Service Providers and any unlawful activity will result in a ban and additional legal action may be taken against such Service Provider.
No Shipping Customer should knowingly or unknowingly list any illegal item for shipping on Shipping Match website. Service Provider shall not submit a quote to transport any item that is considered unlawful or illegal to be transported without the necessary documents or permits according to United States laws or any applicable local laws where the shipment originates or delivers.
12. International Users
The services listed on Shipping Match web site are available to all users but the services described may vary for individuals from certain countries. You agree that not all user produced content might be legal in your country and you will do your due diligence before engaging in a transaction on Shipping Match. ShippingMatch might block some services or restrict certain features from being used by you if you belong to certain countries or you fail to meet the requirements to use such service or features. It is entirely your responsibility to make sure the services provided by you or received by you on Shipping Match are legal in the country you live in. You agree that you shall not post a shipment of any illegal item(s) nor will you provide a service to transport any illegal item(s) on Shipping Match. Any item that’s considered illegal by the local laws or country laws where the shipment originates or will be delivered must be observed. You agree that Shipping Match will not be liable for posting or transportation of any illegal shipment. Shipping Match services may not be available in all languages.
13. Security of your Login Information
You agree that it’s your utmost responsibility to protect your email, user name and password of your Shipping Match account. You shall not let anyone use your username or membership. You agree that you will not provide your personal information like your email, password, date of birth or any other information to someone else. They may use this information to compromise your account and engage in an unauthorized transaction which may become a serious issue and or liability.
14. Emails, Alerts and Newsletters
You agree that you may be contacted through phone, SMS or updated via emails or through Shipping Match message system that displays when you log into your account. The communication may include the activities on the website, transactions, your membership information, offers, complaints, system update notification and any related Shipping Match services. Shipping Match may also update you by sending precise electronic newsletters to you; you agree that you authorize Shipping Match to communicate with you by using any of the above methods.
15. Your obligations as a Service Provider / Transporter
As a Service Provider, you agree that you will list the details of your services under your profile. Partial information may annoy or discourage Shipping Customer. You agree that when you submit a quote for a shipment, you will complete all the necessary fields like shipping cost, mode of transportation, pickup and delivery date and payment method etc as presented by Shipping Match. As a Service Provider you agree that you will only submit quote for shipments that you are qualified and licensed to transport per your country or state transportation agency’s licensure and local laws. You agree that you will not provide a service or submit a quote to transport any illegal items, shipment or posting that may be listed on Shipping Match. You agree that you will report to Shipping Match any illegal shipment or posting that you may notice on Shipping Match website.
All postings must follow the law(s) of your city/state/country and our terms. You should not list anything that is illicit, hostile (containing anything of a defamatory, obscene, or racially or ethnically offensive in nature), stolen, anything which encroaches copyright or other protected innovation or items, things which have been designated unlawfully to be transported, or anything that it’s possession is proscribed by law. You are in charge of guaranteeing that any posting by you doesn't break this condition. You agree that Shipping Match may reveal your own data, including your name and contact information along with any other personal information, to an enforcement agency, parties and/or the appropriate licensed innovation right holders (or their agents), if required and permitted by local laws applicable to your country of residence. For the sake of the security of your images, we may watermark your images which you upload on your profile with our logo. Before adding any image to your listings, you must ensure that you hold the copyright to use this image or you have a license for it.
Listings are not pre-screened for content. Shipping Match reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions of Shipping Match website. Additionally, Service Providers are required to abide by the following policies in all cases:
16. Your obligations as a Shipping Customer/Service Buyer
You agree that you are well aware of the laws in your country/state/city regarding the product you want shipped/transported to you and must consent to follow the terms and conditions listed in this document. You agree that you are solely responsible for any item you list on Shipping Match including it lawfulness in your country.
You agree that when you are successfully matched with a Service Provider to ship your shipment, the pickup and delivery address will be provided to the Service Provider(s) along with your email, phone number, username and any other necessary information that may be required for the Service Provider to complete the transaction. You agree that you are responsible for inspecting your shipment when delivered to you and to make sure that your shipment isn’t damaged during transportation. If you detect that your shipment has been damaged, you agree that you must document this and ensure that the Service Provider signs a written document and you must contact the insurance company that provides insurance coverage for the Service Provider that transported your shipment in order to file a claim and you will not hold Shipping Match liable for any shipment that is damaged, lost or delayed. You agree that, Shipping Match will not be responsible in any way for your failure to verify the Service Provider’s insurance and request the information of the insurance policy before engaging in a transaction on Shipping Match.
17. Security
Every individual is in charge of the security and utilization of their username and password. You are not permitted to utilize the record(s), username or password of other user(s) nor uncover your Username or password to any other individual for their utilization. You agree that you are responsible for making sure your user account information will be securely kept and you are responsible for protecting your PC from potential risk against infections, hacking and different sorts of PC abuse and/or malware.
While we attempt to guarantee that Shipping Match website doesn't contain any blunder, imperfection, breakdown or defilement, we don't acknowledge obligation(s) regarding any harm to or loss of information on your PC framework, system or server that outcomes from the download or utilization of Shipping Match web site or any materials made accessible on it (aside from death or individual damage brought about by our carelessness).
Shipping Match is not obligated for any expanded expenses or costs, loss of shipment, information, income, business, and contracts, any extraordinary or considerable harm emerging out of your utilization of Shipping Match website.
18. Feedback
Feedback is useful in facilitating the use of Shipping Match. Feedback should not contain any inappropriate words or language. It should not be offensive, defamatory and abusive. Shipping Match has the authority to remove any inappropriate feedback which contains such type of content mentioned above. You should only post feedback which relates with a specified transaction and you should not give any feedback which doesn’t have any relation to that specific transaction. You should not give a retaliatory feedback and your feedback should not contain any personal information about yourself like contact number, address, email or any other personal contact details. Keep in mind; you have no obligation to provide Shipping Match with ideas or other form of feedback. In case, you submit feedback to Shipping Match, we are rightfully allowed to use It, if desired without any compensation or permission needed to be granted to either Shipping Match, the Service Provider engaging in the transaction with you and any other third party entity connected to Shipping Match services.
19. Ownership of Your Content
You agree that even though Shipping Match may use any content you post on the website without your approval, you still retain all rights and ownership of your content. Shipping Match claims no ownership rights to your content. You retain ownership and rights to the contents you provide.
20. License to Your Content
We don’t claim any rights or ownership to your content but we still require some rights to the content for it to be viable through our services. When content is uploaded to our web site you are required to grant Name (and our parents and affiliates) a worldwide license to link, allocate, host, make alterations or derivative work, publish, reproduce, store, and use such content. The rights you grant us is not limited to the purpose to provide shipping service(s), improve and promote our services. We may contact you to let you know, if we use any content or information provided by you on our web site.
21. Accessing and Sharing Your Content
By publishing your content on Shipping Match, you agree to give other users right to view your content and share through social media such as, Facebook, Instagram, Snap Chat, Twitter and other social media networks. In case of any complaint or disapproval, we will provide you with ways to access and remove the content that belongs to you. We may provide you with means to limit the used or access of other users to your content as well as limiting shares along with other user functions. In any case, you will be solely responsible for placing limitations and determining the appropriate level of access to your content. It is entirely your responsibility, as to how your content is accessed or shared by making appropriate changes to your content settings.
22. Termination of License
You agree that, at any given time you can terminate this license by removing your content from our services. However, you agree that Shipping Match may retain and use copies of your content for archival or backup purposes and for the investigation purposes as permitted by the United States laws or any applicable local laws.
23. Know Your Customer
We attempt to follow every worldwide standards and controls to guarantee a protected, secure and straightforward exchange environment. Because it’s impossible for us to know each of our customer in all the countries that we service, so as a result of this, we require every user to provide accurate information while registering for their accounts. We also require every Shipping Customer to always verify the licensure information and the insurance status of the service providers that they engaging in a transaction with.
24. 3rd Party Links
ShippingMatch may offer a link to different websites that are given or controlled by outsiders. Such link to a site or sites is neither a support or an endorsement nor a sponsorship or a connection to such sites, its proprietors or its suppliers. Links to these sites are given exclusively to your benefit and you concur not to consider us in charge of any misfortune or harm because of the utilization or dependence on any substance, items or services accessible on different sites.
Shipping Match regularly incorporates commercials hyperlinks and pointers to sites owned by outsiders. Without confinement, links to our sites or those outsider’s sites don't shape a portion of our sites and are not under the control of or the obligation of Shipping Match. When you link to those sites you leave our sites and do as such completely at your own risk. Shipping Match and its related elements make no warranty with regards to the exactness or unwavering quality of the information contained on any outsider sites, and Shipping Match and its related elements, executives, officers and operators denounce all risk and obligation regarding any immediate or aberrant misfortune or harm which might be suffered by you through depending on anything contained on or overlooked from such outside sites. A link or presentation of outside sites does not suggest a support, endorsement or proposal by Shipping Match.
25. Restricted License
We provide you a constrained non-select, non-transferable permit to access and utilize ShippingMatch (the "Permit"). The permit is dependent upon your compliance with the terms of this Agreement. You concur not to exchange our business model, tamper with any of our site functionalities or codes, or grant another person to use your account other than for shipping transaction which you are part of the transaction, and you won't duplicate any reports contained on the Site for resale or for some other reason without being given a written permission to do by the Owner of Shipping Match.
You consent to utilize all the data got from the data frameworks of our site for the sole purpose of shipping. You likewise concur not to utilize electronic correspondence highlight of a Service on the Site for any illicit, injurious, nosy, revolting, undermining or scornful purposes and in addition provocation and criticism in the security of others. The permit allowed hereunder might end if we consider that any data given by you, including your email, is no more present or exact, or you fail to follow any term or state of this Agreement and all principles and rules for our web site. It will be the same if we established that you perpetrated a wrongdoing on the site shipping platform.
In the event of an infringement to any of our user policies and agreement, you consent to stop accessing the Services. You concur that we, in its sole caution and with or without notification, may end your access to all or part of the Services, close any open exchange and evacuate and dispose of any data or substance inside a Service.
26. Non-Liability Disclosure
ShippingMatch is a 3rd party service provider and exists solely as an independent platform for shipping customers to connect with transporters, shippers, service providers, freight brokers etc. In no event of fraud or any legal issue will Shipping Match be held liable in any way, If you wish to purchase service provided via Shipping Match you will be required to share personal information to process the order including, payment card , PayPal account or any other form of expectable payment we deem fit. We do not store any of your financial information on our site. All payment process is handled completely outside of Shipping Match.
27. Our Fees
Upon acceptance of a shipment quote by the shipping customer, Shipping Match will prompt the Shipping Customer to pay the service fee/service commission before dispatching the shipment, the payment will be initiated through PayPal payment gateway and no financial information will be saved on our website. The Service Fee will be deducted from the total amount agreed with the service provider and the balance will be paid to the Service Provider at the completion of the transaction as agreed. The payment of Service Fee is mandatory and any attempt to evade, avoid, and work around or chargeback of this fee will result in an immediate termination of your account and in some cases we may initiate a legal suit to recover the service fee and any applicable legal fees will be borne by the user that failed to pay our service fee. Any attempt to not pay this fee will be counted as fraud and will be treated as such.
28. Refund of Service Fee after Dispatching the Shipment
If for any reason there is a need for a Shipping Customer or Service Provider to cancel and transaction after the load has been dispatched, ShippingMatch will issue a refund for the service fee provided that ShippingMatch is able to confirm that the transaction did not occur as agreed. The number of days for the refund to post into your card account or your PayPal account will depend on PayPal, your credit card company or your financial institution policy regarding refund.
29. Payments to Service Providers
Shipping Match is a 3rd party between Shipping Customer and Service Provider. We take no responsibility for the payments that take place between the Shipping Customer and Service Provider. All payments made between Shipping Customer and Service Provider will be conducted off-site on terms that are agreed between service provider and buyer. We charge a small service fee that the parties involved in transaction are required to pay in order to initiate the process which is neither refundable nor avoidable. Though we make all reasonable efforts to ensure satisfactory service is being provided by our service providers but in case of any loss of property or material occurs neither Shipping Match nor any of its associates will be held liable. The Service Provider is responsible for the loss.
We are not an escrow service neither do we withhold any fees on behalf of the Shipping Customer or Service Provider. Once a payment has been made to the Service Provider, ShippingMatch has no authority to provide a refund or take any action against the Service Provider in case legal retaliation becomes mandatory. Shipping Match will not be held liable in case the Service Provider fails to deliver their end of the service. It is entirely up to the Shipping Customer to validate the Service Provider’s insurance and whatever the information they are provided. Shipping Match requires that Shipping Customer should ensure that Service Provider completes an inspection report at the pickup location, the inspection report should be signed at the pick-up and delivery point to document the condition of the shipment at the pick-up and delivery. If any damages occurs after the pick-up, it should be noted on the inspection report and signed by the Shipping Customer and the Service Provider (Driver). Shipping Match will not be held liable for any loss of money or property or be obligated to provide any refund. By accessing Shipping Match and taking part in the service provided, you give full consent and agree to abide by the terms listed in this document in any case.
30. Notification of Copyright Infringement.
We respect the intellectual property rights of others and we expect our users to do the same. Shipping Match will respond to clear notices of copyright infringement consistent with the U.S. Digital Millennium Copyright Act (“DMCA”).
If you find or realize content that seems to be infringing your copyrights and are being hosted via our services, please send us a written notice to let us know. Please do so while including the following in it:
(a) A description of the copyrighted work/work’s you believe are infringed
(b) Provide the exact URL as to where the infringed material on our site is
(c) Include your contact information so that we can contact you, such as email address, your mailing address and telephone number
(d) A statement by you claiming in good faith that the content in question has been infringed upon without the authorization of the copyright owner, its agent, or the law
(e) A statement by you claiming that the information provided by you in the notice is accurate and, under penalty of perjury that you are the copyright owner or are authorized by the copyright owner to act on his behalf
(f) Your signature and date of the letter
Before you record an infringement notice, please consider whether the utilization of copyrighted material at issue is secured by the "reasonable use" teaching, as you could be at risk for expenses and lawyers' charges if you document a takedown notification where there is no encroaching use. If it's not too much trouble, additionally check to ensure you haven't approved the utilization at issue (for instance, whether you have given an inventive expert who arranged materials for your organization the privilege to utilize those materials as illustrations of his or her past work). If you are uncertain whether a utilization of your copyrighted material constitutes encroachment, please contact a lawyer.
31. Our Disclaimer of Warranties
You agree and acknowledge the fact that by accessing our site or service you will be exposed to content from other that might offend you or be offensive towards you or your beliefs, be indecent, or otherwise objectionable, and agree to accept that risk. You accept to realize the fact that content and views shared through our site don’t reflect us in any way or manner and are beyond our control. We do not support anything that our users post, unless, specifically said or made public by Shipping Match.
We take all practical measures to provide reasonable security to protect and safeguard your content, but we cannot be held viable for any damages caused by disclosure of your content.
Shipping Match web site or its contents are solely provided for informational reasons and provided services for commercial and residential use, free of any illegal conduct. Using our services with reasonable care and skill are a must. We cannot be held accountable for any mishap or accident that you may cause or experience by default. Shipping Match and its suppliers disclaim all warranties, in such a case. Neither Shipping Match nor our suppliers shall be liable for any damages of any kind with the use of this website. We will also be not held responsible in situations that occur due to circumstances beyond our control.
32. How We Use Your Personal Information
We utilize the personal information we collect to a great extent with the goal of providing you with services that you have asked for, reacting to your request, making and keeping up your account and guaranteeing you consent and hold fast to our site terms of utilization.
Particularly, Shipping Match utilizes personal information which it has collected to:
(a) Guarantee that content from Shipping Match is exhibited in the best way for you, your PC or any other electronic device that you may use to access our website
(b) Give a superior or more efficient services to you;
(c) Consolidate your personal information with information that Shipping Match has collected from its service suppliers, outsiders, cookies or web reference points, keeping in mind the goal to furnish you with a superior or more applicable and personalized experience and to enhance the nature of its services and the services of outsiders. For instance, we may join behavioral information we have collected about you using cookies or web signals and consolidate it with your personal information from solicitations you send to outsiders through our site;
(d) Personalize and tweak your services, experience, publicizing and contents that you see and draw in on Shipping Match or service suppliers and business accomplices
(e) Provide or recommend you with transportation service providers based on your preferences;
(f) Get in touch with you to direct surveys, exploration and input about our services or the Websites;
(g) Confirm your identity when you enroll or sign into our Websites by means of your established account and help you to remember your password and username;
(h) Permit you to partake in intuitive elements of our service, when you do as such;
(i) Any of our commitments emerging from any agreements between you and us;
(j) By uncovering the information to obligation collection offices to recuperate any sums you owe us; and
(k) Tell you about changes to our services.
Assuming all or a portion of this information is not certain, we will most likely be unable to give services mentioned above.
33. Using and Disclosing Your Personal Information for Marketing Purposes
We may:
(a) Utilize your personal information to give you information about offers, advertisements, merchandise or services
(b) impart your information to our service suppliers and other outsiders so they can give you items or services for our sake or help us to provide you the service that you asked for or connecting you to the items or services.
In a situation that we do get in touch with you by utilizing your personal information as a part of agreement with both of the above, we will give you the chance to demand that your information not be utilized for further direct showcasing as a part without bounds.
34. Authorization of Payment Charges:
Following are some of the important instructions to be kept in mind when purchasing the service of any service provider of Shipping Match:
35. Chargebacks
Unwarranted chargebacks claimed by members against Shipping Match are prohibited and will result in the suspension of their Shipping Match account, and ultimately result in Shipping Match pursuing all options for its disposal to collect all the withdrawn funds, but not limited to, send your unpaid account to a collection agency. In the event when shipping services are not performed, all members must abide by the Shipping Match Cancellation Policy as described in the agreement. The Shipping Match Cancellation Process ensures the integrity of the feedback system and accurate refunding.
There are some situations where a chargeback may be warranted, in case when a card holder feels that his/her card have been fraudulently charged and there is a discrepancy with the billed amount. Prior to any chargeback exclaimed, Shipping Match should have to be notified by the card holder so that Shipping Match may investigate the claim and determine whether the chargeback is appropriate. Chargeback may not be filed as a replacement or cancellation of Shipping Match transaction.
If an unwarranted chargeback of the shipping customer’s deposit is initiated and accepted by the credit card processor or other entity, Shipping Match reserves the authority to charge or bill the Service Provider for any costs associated with the chargeback in addition to the initial service commission fee. This money will be used to offset our service fee and any other additional fee incurred due to chargeback.
The shipping customer’s deposit for Shipping Match commission or service fee will not be credited or refunded during the event of a completed shipment transaction and neither is Shipping Match responsible for any monetary disputes that reside with Service Provider or shipping customer. It is the responsibility of both Service Provider and Shipping Customer to resolve all the monetary disputes, damaged claims and breaching of contract claims, etc. outside of Shipping Match.
36. User Submissions
The Shipping Match has a strict policy that does not allow the reviewing or acceptance of spontaneous inventions, designs, ideas or other related materials. Any such materials, data, ideas, designs, concepts and the like that your post or upload to Shipping Match by any means (e.g. electronic mail) will fall under the category of communications and will be considered non-confidential. Shipping Match will have no legal or moral obligation towards the communications. You admit that the Shipping Match will not in any way, be responsible for all the communications you submit and solely you will be responsible for all the messages that you upload. You will be held accountable if any of your communications is illegal, inappropriate, copied, etc. Shipping Match and all his associates will have full legal authority to disclose, distribute, copy, and use commercial or non-commercial, the communications and all data (including texts, graphics, videos, and the like) without the need for prior consent of the person sending the communications. Posting and or transmitting of an unlawful content such as pornographic material, threatening material or the like is prohibited.
37. Transportation & Shipping
You must lawfully be capable of transporting any shipment that you submit a quote for. As such, you accord that it is your legal binding to comply with the rules and regulations, directives, injunctions that apply including any and all local, state and federal licensing requirements. You are to describe your offer and all terms of your services on the bid submission form on our site. By doing this, you acknowledge that the Shipping Match website exists in order for members to make a fully deliberated decision about their bids, services offered, policies and procedures, thereby, you must reveal to every member about your endeavors to do business with your service offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In no event shall Shipping Match will be held responsible for the shortcomings of the service providers or frauds committed by Shipping Customer or Service Provider. We have no control over the quality of the shipping service provided by the Service Provider or what condition the products/items being shipped is in. Additionally, if you have any restricted or forbidden or dangerous item shipped to you, we will not be held liable in any way. See our ‘Prohibited and Restricted Items” section for more information on the matter.
38. Dispute Resolution
In case any issue arises between the Service Provider and the Shipping Customer, Shipping Match will step in as a moderator to resolve the dispute in an unbiased and non-prejudice process in order to make sure the optimal solution is achieved. The decision made by Shipping Match will be final and both parties will be legally allowed to accept it. By accessing or using our services you give full consent in full knowledge in light of this agreement. In light of a dispute, both parties involved will be required to submit all relevant documents to support their claim within 15 days after the dispute was initiated. Failure to do so will result in a victory by default for the party that submitted their case and the decision will be final and non-revocable. In case both parties fail to submit the necessary documentation, the final verdict will rest entirely up on the judgment of Shipping Match.
39. Export Control
The service of Shipping Match, and your use and handling of the services, are a matter of U.S. and international laws, limitations, and principles that may govern the import, export, and use of the service on Shipping Match. You agree to comply with all such laws, limitations, and principles fully without exception.
40. everability
If a court finds any area of the Terms or Additional Terms invalid or unenforceable, whatever remains of the Terms or Additional Terms still apply.
41. No Waiver
If we don't implement (or we postpone requirement) of the Terms or Additional Terms against you, we haven't waived our implementation rights.
42. Assignment or Transfer
You can't appoint or exchange your rights or commitments under this consent to another person without Shipping Match’s composed authorization. We retain the right to cancel any shipment that is active or has been assigned on Shipping Match without your authorization or consent whenever we deem fit.
43. Future Changes
We retain all rights to make changes to this agreement without prior notice or hold any reasonability to inform users, the changes will be posted to this statement, the home page and/or other places we deem appropriate so that you are aware of the updates to our user agreements or services. We reserve the rights and are entitled to all rights to modify, alter, change or update these terms of services at any given time, so please check back occasionally.