Terms and Conditions

Load Board

Effective Date: Jan-10th 2025

  1. Introduction

Welcome to Logistware, a platform designed to streamline logistics by connecting brokers, shippers, and carriers. These Terms and Conditions (“Agreement”) govern your use of the Logistware website (the “Site”) and services (collectively, the “Services”) provided by Logistware, a company registered in Canada. By accessing or using the Site and Services, you agree to be bound by these Terms and Conditions and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Site or Services.

  1. Definitions

“User” refers to any individual or entity that accesses or uses the Site and Services, including brokers, shippers, carriers, and affiliates.
“Platform” refers to the Logistware online service, website, and mobile application where Users can post, book, and manage freight loads.
“Affiliate” refers to an individual or entity participating in Logistware’s affiliate program by referring new users to the platform.

  1. Eligibility

You must be at least 18 years old to access or use the Site and Services. By accessing or using Logistware, you represent and warrant that you are of legal age and have the legal capacity to enter into a binding contract.

  1. Account Registration

To use certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update your information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must immediately notify Logistware if you suspect unauthorized use of your account.

  1. User Responsibilities

By using the Site and Services, you agree to:

  • Use the Platform only for lawful purposes and in compliance with all applicable local, provincial, and federal laws in Canada.
  • Not post, share, or distribute any content that is illegal, offensive, harmful, discriminatory, or violates the rights of others.
  • Not attempt to gain unauthorized access to the Site, Services, or any other users’ accounts.
  • Ensure that your use of the Platform does not violate any third-party agreements or infringe upon any intellectual property rights.
  1. License to Use the Site

Subject to your compliance with these Terms, Logistware grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Services solely for your personal or business use. This license does not allow you to reproduce, distribute, modify, or exploit any content from the Platform without explicit permission from Logistware.

  1. Services Provided

Logistware provides a load board service connecting brokers, shippers, and carriers. As a user of the Platform, you may:

  • For Brokers and Shippers: Post available freight loads, receive applications, and manage transactions with carriers.
  • For Carriers: Search for and book available loads, and manage communications with brokers and shippers.

Logistware may also offer additional features, such as the affiliate program, to users at its discretion.

  1. Affiliate Program

Logistware operates an Affiliate Program to encourage users to refer others to the platform. By participating in the Affiliate Program, users can earn commissions based on the actions or sign-ups of the new users they refer to the Site.

Affiliate Program Terms and Conditions:

  • Referral Commission: Affiliates will receive a commission for each successful referral made through their unique affiliate link. The specific commission amount will be outlined in the affiliate program agreement and may vary based on different terms and conditions.
  • Tracking and Reporting: Logistware will track affiliate referrals using an automated system. Affiliates can access their referral statistics through the Affiliate Dashboard on the Platform. Logistware is not responsible for any discrepancies in tracking or reporting caused by technical issues, errors, or malfunctions on third-party services.
  • Eligibility to Receive Commissions: To qualify for commission payouts, the referred user must meet certain requirements as outlined by Logistware, such as completing a valid registration or fulfilling specific transactions on the Platform. Logistware reserves the right to change or modify these requirements at any time.
  • Payment of Commissions: Commission payments will be made on a periodic basis. Affiliates will receive payment of earned commissions within three (3) months after the end of the applicable commission period. Logistware provides a three (3) month grace period from the date the commission is earned to process the payment. If, for any reason, Logistware is unable to process the commission within this period, Logistware will notify the affiliate and will provide a resolution, if possible.
  • Delayed or Pending Payments: Logistware reserves the right to delay or hold payments if there is a dispute or if the referred user is flagged for suspicious activity or potential fraud. Payments will not be made until the issue is resolved.
  • Affiliate’s Responsibility: Affiliates are responsible for ensuring that the referrals they generate are legitimate and comply with all applicable laws and regulations. Logistware is not responsible for any false or fraudulent referrals and reserves the right to cancel commissions if such behavior is detected.
  • Commission Disputes: Any disputes regarding affiliate commissions must be raised within 30 days from the date the commission is paid or the affiliate’s inquiry is made. Logistware will review the dispute and provide a final resolution at its sole discretion. After the 30-day window has passed, no further claims or disputes regarding the commission payments will be accepted.
  • Termination of Affiliate Relationship: Logistware reserves the right to suspend or terminate an affiliate’s participation in the program at any time for any reason, including but not limited to violation of these Terms, fraudulent activity, or inappropriate conduct. In the event of termination, affiliates will be paid any commissions earned up until the termination date, subject to the three-month payment grace period.
  1. Loss or Damage of Shipment Merchandise
  • No Responsibility for Merchandise Loss or Damage: Logistware acts solely as a platform to connect brokers, shippers, and carriers. We are not a carrier, shipping service, or logistics provider. Logistware is not responsible or liable for the loss, damage, theft, delay, or any other issues that may occur during the transportation of goods or merchandise.
  • User Responsibility: Users (including brokers, shippers, and carriers) are responsible for ensuring that appropriate measures are in place for the safe handling, insurance, and delivery of merchandise. Logistware does not guarantee the safety, security, or timely delivery of any shipments posted on the Platform, and any issues related to the shipment or transport of goods should be directly addressed between the parties involved.
  • No Warranty of Delivery or Condition: Logistware makes no warranty, express or implied, regarding the condition, timeliness, or delivery of merchandise shipped via the platform. All transactions between brokers, shippers, and carriers are made at the user’s own risk.
  1. Limitation of Liability
  • No Liability for User Actions: Logistware is not responsible or liable for any actions, omissions, or violations committed by users of the Site or Services. You are solely responsible for your actions, decisions, and interactions with other users through the Platform, and any disputes or legal claims arising from those actions or interactions are your sole responsibility.
  • Limitation of Liability: To the fullest extent permitted by law, Logistware will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Site or Services, including but not limited to any loss or damage to merchandise, shipments, or other property, even if we have been advised of the possibility of such damages. Our total liability, in any case, will be limited to the amount you have paid to us for the use of the Services in the 12 months prior to the event giving rise to the claim.
  • Indemnification: You agree to indemnify, defend, and hold harmless Logistware, its officers, directors, employees, agents, and affiliates from any and all claims, losses, liabilities, expenses, damages, or costs (including legal fees) arising from your use of the Site, violation of these Terms, or infringement of the rights of any third party. This includes, but is not limited to, any claims, lawsuits, or legal actions resulting from the loss or damage of shipment merchandise, disputes between you and other users, or any other issues arising from transactions made through the platform.
  1. Disclaimers
  • No Warranty: Logistware provides the Site and Services “as is” and “as available” without any warranties, express or implied, including but not limited to the accuracy, completeness, or reliability of the Platform, or its suitability for a particular purpose.
  • No Responsibility for Third-Party Content: Logistware does not monitor or control the content posted by users. We are not responsible for any disputes, losses, or damages resulting from user-generated content or interactions between users.
  1. Termination

Logistware may, at its sole discretion, suspend or terminate your account and access to the Platform if you violate these Terms or engage in behavior that we deem harmful to our users, platform, or reputation. You may also terminate your account at any time by contacting Logistware. Upon termination, you must cease all use of the Platform, and any unpaid fees will become immediately due and payable.

  1. Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Site and Services, you consent to the collection and use of your information as outlined in the Privacy Policy.

  1. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Province of [Your Province], Canada. Any legal action or proceeding related to these Terms must be brought in the courts of [Your Province].

  1. Dispute Resolution

In the event of a dispute, you agree to resolve any claims or disagreements through binding arbitration, rather than in court, except where prohibited by law. Arbitration will be conducted in [Your Province], Canada, and in accordance with the rules of the Canadian Arbitration Association.

  1. Modifications to the Terms

Logistware reserves the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Continued use of the Site after such changes indicates your acceptance of the new Terms.

  1. Contact Information

If you have any questions or concerns regarding these Terms and Conditions, please contact us at:

Logistware
Email: info@logistware.ca

 
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