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INFORMATION WHICH WE ARE REQUIRED TO GIVE YOU

udscarship.com is a site operated by UDS Carship Limited (“we” or “us”), a company which is registered in CA 94565 under company registration number MC 1594427. Our email address is [email protected]. Part A (the “General Conditions”) and Part B (the “Supplemental Conditions”) of these terms and conditions (together with the documents referred to within) set out the terms and conditions on which we will provide our services to you. You may access most areas of the Site without the need for Registration in which case only the General Conditions will apply to you. Certain areas of the Site 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 accept the Supplemental Conditions as well as the General Conditions. The Conditions (as defined below) apply to the access to and use of the Site, and to any correspondence by e-mail between you and us. Please read these terms carefully before using the site. Using the Site 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 Site. We may revise the Conditions at any time by updating this posting. You should check the Site 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 Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of the Site. Any rights not expressly granted in these terms are reserved.

PART A GENERAL CONDITIONS

1. DEFINITIONS

Transport Provider means a Member who has submitted a quotation in respect of a Job on UDS Carship;

Conditions Means all conditions applicable to a person accessing the UDS Carship platform in connection with their use of the Site (i.e. for a general visitor, the General Conditions alone, and for a Member, both the General Conditions and the Supplementary Conditions).
User Means a Member who has posted a Job on UDS Carship.
Job Means the vehicle transportation request posted by the User on UDS Carship.
Member Means a person who has completed Registration on UDS Carship (and “Membership” means the status of being a Member).
Registration or Register Means the process of setting up a membership account on UDS Carship, having agreed to the applicable Conditions.
Site Means

2. ACCESS

  • Whilst we endeavour to ensure that the Site is available 24 hours a day, we shall not be liable if, for any reason, the Site is unavailable at any time or for any period.
  • Access to the Site may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.

3. CONTENT

  • Whilst UDS Carship endeavours to ensure that all information published on the Site is accurate and up to date, we do not warrant the accuracy or completeness of any material on the Site. We reserve the right to make changes to the content on the Site at any time and without prior notice. Some material may not reflect the most current information, and we make no commitment to update such content on a regular basis.
  • All contents of the UDS Carship Site are provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, in respect of such contents.
  • You are strictly prohibited from posting or transmitting to or from the UDS Carship Site 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 to any person;
    • you do not hold all necessary licences and/or approvals to post or distribute;
    • constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful, or infringes upon the rights of any third party, in any country in the world; or
    • is technically harmful in nature, including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, malicious software, or any other harmful data.
  • You must not misuse the UDS Carship Site in any way, including without limitation through hacking, unauthorized access, or any other technically harmful activity.
  • UDS Carship will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or assist in locating, any person posting material in breach of this clause 3.

4. LICENCE

  • You are permitted to view, print and download extracts from the Site for your own use on the basis that:
    • no documents or related graphics on the Site are modified in any way;
    • no graphics on the Site 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 Site (including, without limitation, photographs and graphical images) are owned by us or our licensors. Saved as agreed otherwise, any use of extracts from the Site other than in accordance with clause 4.1 is prohibited, and if you breach clause 4.1, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site.
  • Subject to clause 4.1, no part of the Site 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.

5. DISCLAIMER

  • 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 Site or in connection with the use, inability to use, or results of the use of the Site, 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.

6. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

Any information about you that we process will be processed in accordance with our privacy policy. By using the Site you consent to such processing.

7. TERMINATION

  • We may, at our sole discretion, restrict your access to the Site 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 Site;
  • there is any event beyond our reasonable control preventing us from providing access to the Site (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
  • we consider that you are abusing the Site or are otherwise acting in breach of the Conditions.

8. LINKS TO AND FROM OTHER WEBSITES

  • Any links to third-party websites provided on the UDS Carship Site are included solely for your convenience. By accessing these links, you will be leaving the UDS Carship platform. We have not reviewed all third-party websites and do not control, monitor, or accept responsibility for their content or availability. We do not endorse or make any representations regarding such websites, any material found on them, or any consequences arising from their use. If you choose to access any third-party website linked from UDS Carship, you do so entirely at your own risk.
  • If you wish to link to the UDS Carship Site, you may only do so on the basis that you link to, but do not replicate, the home page of the Site, and subject to the following conditions:
    • you do not remove, distort, or otherwise alter the size or appearance of any logos or branding used by UDS Carship on the Site;
    • you do not create a frame, border, or any other browser environment around the UDS Carship Site;
    • you do not in any way imply that UDS Carship is endorsing any products or services other than our own;
    • you do not misrepresent your relationship with UDS Carship or present any false or misleading information about it;
    • you do not use any trade marks owned by UDS Carship — whether registered or unregistered — that are displayed on the Site, without our express prior written permission;
    • you do not link to the Site from a website that is not owned or operated by you; and
    • your website does not contain any content that UDS Carship, in its sole discretion, considers to be distasteful, offensive, controversial, in infringement of any intellectual property or other rights of any third party, or otherwise non-compliant with all applicable laws and regulations.
  • UDS Carship expressly reserves the right to revoke the linking permission granted under clause 8.2 in the event of any breach of these Conditions, and to take any further action deemed appropriate at our sole discretion.
  • You agree to fully indemnify UDS Carship against any loss, damage, cost, or expense that we may suffer or incur as a result of any breach of clause 8.2.

9. DOMAIN NAME PROTECTION

You agree not to register any domain name that includes the word UDS Carship; infers it is connected to us or in any way casts aspersions on us.

10. GENERAL

  • Unless otherwise specified, the Site is directed solely at those who access it from England and Wales. Should you choose to access the Site from locations outside England and Wales then you will be responsible for compliance with local laws if and to the extent local laws are applicable.
  • You warrant that it is legal for you to view the Site 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.
  • No provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
  • 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 Site 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 e-mail or facsimile transmission in each case addressed to you at any e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed at the start of these General Conditions.
  • The Conditions are governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.

PART B
SUPPLEMENTAL CONDITIONS

(Relevant only to Members)

Please note that these terms and conditions are supplemental to the General Conditions. The Conditions (Parts A and B) form the basis of the agreement that you enter into with us in order to Register and become a Member (the “Agreement”) and will govern your conduct as a Member.

1. REGISTRATION

  • Only those in a position to form legally binding contracts under English law may Register. Registration is not open to persons aged under 18 or to any persons whose Membership has been suspended or terminated. If you are Registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
  • Each Registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Furthermore, your Membership may not be transferred to a third party.
  • Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your user name and password.

2. OUR SERVICES - NEUTRAL VENUE

  • We are not a transportation service provider, freight forwarder, broker or intermediary of any sort. The Site acts as a neutral venue through which Transport Providers and Users can meet and enter into negotiations with a view to entering into Transactions. We are in no way involved in the actual Transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Jobs and/or Transactions that take place through the Site.
  • If you are a Transport Provider you hereby agree that the Site is for shipping/transportation related services only and that work that you provide will only involve services. Except with our prior written agreement, you agree that you will not use your Membership as a means to market or sell any goods products or other services unrelated to the Job.
  • 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 Transaction.

3. GENERAL DISCLAIMER

  • Save where expressly stated otherwise in the Conditions, and only to the extent so stated, no provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 and the Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members or in favour of third parties. Your contract in connection with a Transaction will be with the other Member and, as a result, we can give no commitments of any nature about the other Member (whether User, Transport Provider or Successful Transport Provider (as defined hereafter) or the Job, whether as to quality, quantity, delivery or price.
  • We assume no responsibility for claims made by Transport Providers with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the Transaction or quoting process. We operate purely as a neutral venue through which Transport Providers and Users may agree on a price for a Job.

4. UNLAWFUL TRANSACTIONS

  • Members shall not use the Site for unlawful activities. Any Job or aspect of a Transaction carried out, or sought to be carried out unlawfully, by either Transport Provider or User, is prohibited.
  • Certain Transactions may be governed by statutory or other regulations and cannot therefore be negotiated freely. It is for the Members to identify and adhere to such regulations.

5. TRANSPORTATION

  • The posting of Jobs for the transportation of certain items is prohibited or restricted. These include hazardous or dangerous goods. Additionally there are certain items that do not generally pose a danger to health, safety, or property while being transported but are regulated or banned for public policy reasons from being transported. Generally, Jobs for the transportation of goods that cannot be sent through Royal Mail (excluding living creatures) are not permitted to be listed on the Site. However some hazardous goods can lawfully be transported provided they are properly packaged and labelled. Such Jobs may be listed on the Site provided that the shipment listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. If you are unsure of the legality of your shipment, we recommend you contact our customer services team via the contact details at the end of these Supplemental Conditions, prior to listing the Job. A member of our team will be able to refer you to the appropriate authority to answer your question.
  • Full responsibility for compliance with all laws and regulations that relate to the transportation of hazardous and restricted goods rests with the parties to the Transaction. Anyone who sends, or causes to be sent, a prohibited or restricted item or improperly packaged hazardous material may be subject to severe regulatory, or indeed criminal penalties.
  • In order to assist Members we provide distance calculations and driving directions (or links to 3rd party driving directions) as part of our service (the “Directions”). However the Directions should be used as a guide only and you should always drive in accordance with national rules, regulations, and highway codes. The Directions may not take into consideration issues such as road closures, direction of traffic, one-way systems, emergency access roads, height regulations, road conditions or restrictions on manoeuvrability. No representation is made or warranty given as to the content or usability of the Directions or their appropriateness for any particular journey or vehicle. We assume no responsibility for any loss, damage, or delay howsoever resulting from use of these Directions. However, if you do find an error or omission, please let us know so we can notify the relevant persons to enable them to correct the error or omission and improve the service. We recommend that you verify any pickup and delivery information that we provide with the other party to the Transaction.

6. FEES

  • UDS Carship is free to join, whether as a Transport Provider or a User, and requesting quotes is completely free of charge. We charge a success fee (the “Fee”) to Transport Providers who have successfully secured a Job (“Confirmed Transport Providers”). A Job is considered secured when, following a quote, message, or contact with the User via UDS Carship, the Transport Provider receives the Deposit (as defined below).
  • Upon becoming a Member, you will be assigned a dedicated account through which Deposits will be received and from which Fees (as defined below) will be deducted by us in accordance with this clause 6 (the “Account”).
  • The Fee is calculated based on a tiered percentage of the Confirmed Transport Provider’s accepted quote price. The Fee is dynamically determined at the time of submitting a quote and may vary by service category. Transport Providers can quickly and easily view the applicable Fee for any Job by accessing their sales report on UDS Carship.
  • The obligation to pay the Fee is independent of whether the Job is actually carried out. Subject to clause 7, the Fee remains payable even if a Job listed on UDS Carship is not subsequently completed and/or the Transaction is later terminated. We reserve the right to waive the Fee as a gesture of goodwill at our sole discretion; however, any such waiver does not constitute a legal obligation on our part.
  • As a User, upon accepting a quote, you will pay a Deposit equal to the Fee amount into your Account. This Deposit is immediately transferred to the Confirmed Transport Provider’s Account, from which we deduct the equivalent sum as payment of the Fee.
  • If you are a Transport Provider, you are solely responsible for collecting and remitting any and all applicable taxes, including VAT, associated with a Transaction. Your quoted price for the Job must be inclusive of VAT in accordance with clause 12.1.2. You must not submit a quote excluding VAT and subsequently charge VAT on top of your accepted quote price.
  • We reserve the right to modify or waive the basis for Fee calculation at any time. We may also temporarily adjust or suspend the Fee during a promotional period. Any such changes will be clearly communicated on the UDS Carship platform.

7. CANCELLATIONS

  • If a Job is cancelled by a confirmed Transport Provider AFTER a quote was accepted but BEFORE any work on the Job commenced (a “Cancellation”), the user may seek to file a “Cancellation Request” and have the Deposit returned either as Credit to use on future UDS Carship deposit payments or a direct Refund to the original payment method used. A Cancellation Request must be filed within 28 days of quote acceptance — requests made after this period will be invalid. If a Cancellation Request is accepted (see 7.x clauses below), the user can choose to receive either a Credit or Refund, issued in the amount of the Deposit already paid.
  • Credit may be used to accept future quotes on UDS Carship within 2 years of the “Cancellation Request” date. After a period of 2 years from the date of the “Cancellation Request”, this credit will expire and become unusable. UDS Carship credit is non-withdrawable and non-refundable, and may only be used for accepting quotes on UDS Carship.
  • Refunds of Deposits will be made within 5 working days of the “Cancellation Request” being accepted. Refunds can only be sent to the same source from which the funds originated.
  • Users and confirmed Transport Providers will negotiate directly once a quote has been successfully accepted. Either party may submit a Cancellation Request; however, it should only be filed once all reasonable attempts to reach an agreeable solution have been exhausted and it is clear that the Job will not be performed. You may not submit a Cancellation Request until at least 7 days after the date on which the quote was originally accepted. When you submit a Cancellation Request, the other party to the proposed Transaction will be notified and will have 72 hours to respond by either:
    • accepting the Cancellation Request and your stated reason; or
    • rejecting the Cancellation Request and requesting a review by our staff.
  • If your Cancellation Request is accepted by the other party, the accepted quote can be retracted and the Job can either be relisted or deleted. If the request is rejected by the other party, it will be sent to us for review and a decision will be made on whether to approve or deny the Cancellation Request. Once we have issued our decision, we will not enter into any further correspondence — our decision is final.
  • If the other party does not respond within the 72-hour grace period, your Cancellation Request and stated reason will automatically be accepted. Depending on the circumstances of the Cancellation Request, any amounts associated with the Deposit or Fee may be credited to your UDS Carship account at our sole discretion and in line with clause 7.1.
  • We take abuse of the Cancellation Request procedure very seriously. Abuse includes submitting false or exaggerated reasons, attempting to retract legitimately accepted quotes, or colluding with other Members to manipulate the procedure. If a Member is found abusing or is suspected of abusing the procedure outlined in clause 7, their Cancellation Request will automatically be denied, their Membership may be revoked without further notice, and/or they may be subject to additional fees.

    • 8. FEEDBACK

    • Whilst we are unable to conduct due diligence on our Members ourselves, we do enable Users and confirmed Transport Providers to submit feedback evaluations on each other’s performance throughout the course of a Transaction. This includes, but is not limited to, the performance of the Job or, where applicable, a party’s failure to enter into a Transaction and/or complete the Job. These evaluations are designed to provide Members with meaningful guidance on the skills and reliability of other Members prior to quoting or, in the case of Users, prior to accepting a quote from a Transport Provider on UDS Carship.
    • The feedback process involves leaving a rating along with a brief comment regarding the Member’s performance. There are three available feedback scores: +1 (Positive), 0 (Neutral), and -1 (Negative). A Member’s overall feedback score is calculated as the average of all ratings received.
    • By posting a Job or submitting a quote on UDS Carship, you acknowledge that it is likely another Member will leave feedback about you. You further acknowledge that your feedback profile consists solely of comments submitted by other Members and the overall feedback score calculated in accordance with clause 8.2. You agree not to reproduce or use any feedback received on UDS Carship on any external platform, venue, or website. Always exercise common sense and mutual respect when leaving feedback, as unwarranted or potentially libellous comments may expose you to legal claims. UDS Carship does not censor or investigate feedback for accuracy, and we accept no legal responsibility for any feedback submitted by Members.
    • Any use of profanity, libellous behaviour, illegal activity, or any other form of misuse of the feedback function or any other part of the UDS Carship platform may result in a permanent ban from the Site and, where applicable, referral to the relevant legal authorities.

    9. NO AGENCY

    Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between ourselves and any Members whatsoever. Members shall not hold themselves out as implying any such relationship with us.

    10. ACCOUNT FLAGGING / REPORTING SYSTEM

    The Site is policed by the visitors to it through a flagging system. The flagging system is used to ensure that insofar as possible the Site complies with the Conditions. Visitors are able to ‘flag’ aspects of the Site that do not comply with the Conditions. White flags are located in areas that can be reported. These include: messages, the quote details section, member profiles, and shipment listing information. To flag any part of the text you may click on the white flag following the text in question and the white flag will turn yellow. A yellow flag is sent to our team for review. Following the review, the team will either grant a ‘green flag’, meaning there was no violation, or a ‘red flag’, meaning there was a violation and the content has been removed. We reserve the right to suspend the Membership of any Member who has received a red flag on more than one occasion.

    11. INFORMATION YOU SUPPLY

    • You are solely responsible for the information you provide to us and/or other Members in the Registration, shipping, or transportation process (which shall include anything posted on the Site) (“Information”). The Information must be true, legal, accurate, and non-fraudulent.
    • Other than personally identifiable information, which is covered under our Privacy Policy any Information shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use the Information and all data, images, commercial or non-commercial purposes.
    • You agree to use common sense and good judgment when conducting or posting any Information. We insist that all Members abide by netiquette and communicate with each other in a respectful manner.

    12. FRAUD

    FEEDBACK

    • An important aspect of the Site is the ability of Members to leave feedback about each other (whether positive, neutral or negative). As described in clause 8, the feedback you receive is likely to influence the choices that other Members make as to whether to negotiate a Transaction with you. Accordingly, to preserve the integrity of the feedback system, you agree not to:
    • improperly influence in any manner, or cause another to improperly influence in any manner, the feedback of a Member; or
    • post or attempt to post, in any manner or by any means, a feedback review on your own account.

    13. REJECTION OR REMOVAL OF MEMBERS

    • We reserve the right to reject your Registration or cancel your Membership at any time and for any reason or for no reason and without notice to you.
    • We reserve the right to notify other Members of any actions that we, in our sole discretion deem serious, and which have led to the cancellation of your Membership.
    • If you are so removed or rejected you may appeal for reinstatement. Your appeal must include a written statement as to why you should be reinstated along with your contact information. Your appeal may be reviewed at our discretion and any determination as to your reinstatement will be at our sole discretion. Your submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. We will contact you as to our decision to reinstate you. We are not obligated to give you any reasoning as to our decision. All decisions are final.

    14. CONFIDENTIALITY/NON-DISCLOSURE

    During the course of your Membership we may disclose to you, or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business. You hereby agree that any and all of this information is confidential and shall be our sole and exclusive intellectual property. Any disclosure of our information to a third party (specifically including a direct competitor) is strictly prohibited. All obligations contained herein will survive the termination of this Agreement.

    15. NON-SOLICITATION

    During the term of this Agreement, you shall not solicit to employ nor employ any of our employees of whom you become aware through the performance of this Agreement. Furthermore, you shall not otherwise hinder any of our other business relationships including those with our Members.

    16. USE OF UDS Carship

    You agree that you shall not acquire the word UDS Carship or any variant that includes the word UDS Carship or may be confused with it on Google Adwords or any similar internet advertising service.

    17. NO CONVICTIONS

    You represent that you, and any individuals associated with you who will be involved in a Transaction have not been convicted of a crime which is related in anyway to the shipping and/or transportation or haulage business. Furthermore, you warrant and represent that there are currently no legal proceedings instituted against you that would prevent you from performing a Transaction to which you are a party or your obligations under the Conditions.

    Last Revised Date: 02-Feb-2019