Terms & Conditions

1. BACKGROUND

The website https://logist.com.au (“the Site”) is owned or licensed to and operated by Partner in Logistics and Storage Pty Ltd trading as LOGiST (ABN 20 629 240 213) (“we”, “us” and “our”). Through the Site, we provide a marketplace for logistics needs where shippers can connect directly with autonomous and screened carriers (“LOGiST Platform”). If you are a shipper, you can use the Site to place, track and pay for shipments. If you are a carrier, you can use the Site to connect with shippers that require your services. You can also join our mailing list, as well as access other relevant information, from our Site (“Site Services”). These Terms and Conditions, together with our Privacy Policy (“Terms”) apply to all visitors, shippers, carriers, customers, members and other users of the Site and the Site Services.

In addition:

      (a) clauses 18 to 19 of these Terms apply if you are a Carrier (Carrier Terms); and
      (b) clauses 20 to 23 of these Terms apply if you are a Shipper (Shipper Terms).

2. ACCEPTANCE OF THE TERMS

By accessing and using our Site, and/or using or purchasing any Site Services provided by us on our Site, whether available for purchase or not, you are deemed to have accepted these Terms.

To access or use the Site or the Site Services, you must be 18 years or older and have the power and authority to enter into a contract under the Terms.

You may also accept these Terms where you click “agree” or “accept” where such an option is made available to you during your use of the Site. When you click “accept”, “agree” or “consent” by electronic means using a device such as a mobile phone, desktop, laptop or tablet, your agreement or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand. You will also be bound by any consent transmitted through the Site to receive electronic communications from us.

Continuing use of our Site and access to any materials available from us or the Site is deemed acceptance of any changes to these Terms.

If you are uncertain about the Terms, the Site Services or anything else on our Site, please contact us before submitting a quote, accepting a quote or completing any purchase.

3. TERMS, SITE AND SITE SERVICES MAY CHANGE

We may change these Terms from time to time, consistent with applicable laws and industry standards, without notice to you. Any changes to the Terms will be effective from the date that we post the revised Terms on our Site. You are responsible for reviewing these terms prior to using Site Services and periodically during your time as a visitor, customer or subscriber.

The Site Services, Site and any prices published on the Site may change or be discontinued without notice at any time. We will not be liable to you for any change in the Terms, the Site Services or the Site.

We may discontinue the Site at any time, without notice to you and in our absolute discretion. We may refuse access to the Site to any person at any time, in our absolute discretion. We are not liable for any loss that you suffer as a result of such discontinuance or exclusion.

4. REGISTERING AN ACCOUNT

To purchase and access some features of the Site, the Site Services and the LOGiST Platform, you may be required to register a Carrier or Shipper Profile (“Account”) by providing us with accurate information including your name, your business name, address, a valid email address and telephone number.

You warrant that any information that you provide while registering an Account is accurate and correct at the time you provide the information, and that you will update your details when they change

Your Account will be protected by a password that is known only to you. User names and passwords are for your use only and must not be shared with any third party.

We accept no liability for any activity that occurs in your Account, including any orders for Site Services or use of the LOGiST Platform.

If we believe that you have breached these Terms, an applicable law, or that your conduct may give rise to a claim by us against you, we may suspend or cancel your Account at any time in our absolute discretion.

5. CONDITIONS OF ACCOUNT REGISTRATION AND SITE RULES

On purchasing certain Site Services or registering an Account, you may be given access to the LOGiST Platform through a secure log in using an email, a password and/or an online invitation. You agree not to share your log in credentials or the secure link with anyone for any reason. You will not share your username and password with any person who has not registered their own Account.

Information required for registering an Account will be used by us in accordance with our Privacy Policy.

By registering an Account, you submit to the rules of the LOGiST Platform, including the following:

  1. All information shared on the LOGiST Platform remains confidential.
  2. You will not post any of the following in a message or a quote:
    1. Phone Numbers
    2. Email Addresses
    3. Company Names
    4. Personal Names
    5. Web Addresses
    6. Fax Numbers
    7. Twitter Account or Social Media Account
  3. you consent to other LOGiST Platform users with whom you communicate knowing your identity; and
  4. you agree not to provide false information about yourself, to impersonate another individual or to provide misleading or false information or content.
  5. If you are a Carrier, you must:
    1. publish a copy of the terms under which you will enter a Shipping Agreement on your Carrier Profile so that Shippers may review those terms prior to accepting a Quote or deliver each Shipper a copy of, or link to, the Shipping Agreement terms with each Quote;
    2. honour any Shipping Agreement formed with a Shipper, including providing the Transport Services as agreed;
    3. provide the Transport Services for which payment was accepted; and
    4. nclude all taxes, including GST, and fees payable by the Shipper for the Transport Services in any Quote, excluding any import or export duty payable on the goods transported.
  6. If you are a Carrier, you must not:
    1. bid against your own Quote, or have associates or employees do so;
    2. refuse to enter a Shipping Agreement if your Quote is accepted; or
    3. attempt to contact Shippers directly or make your business identity or contact information available to Shippers by the use of photographs, images, text or logos.
  7. If you are a Shipper, you must not submit your own Quotes to decrease Quotes made by Carriers.
6. REGISTERED ACCOUNTS - CANCELLATION/ BREACH/SUSPENSION/TERMINATION
  1. you may cancel your Account or Profile registration upon notice to us. Such cancellation shall not entitle you to cancel or vary any Shipping Agreement already in place to provide or pay for Transport Services.
  2. Without limiting other remedies available to us at law, in equity or under these Terms, we may immediately issue a warning, temporarily suspend or indefinitely suspend your access to the LOGiST Platform and refuse to provide Site Services to you if:
    1. we, acting reasonably, believe that you have breached any of these Terms
    2. we are unable to verify or authenticate any information that you provide to us; or
    3. acting reasonably, we believe that your actions may cause damage and/or legal liability for us, other Carriers or other Shippers.
  3. we may terminate your Account or access to the LOGiST Platform with immediate effect if:
    1. you breach any of these Terms and such breach is not rectified within 7 days being notified by us in writing or immediately if such breach is not capable of remedy; or
    2. you become subject to any kind of insolvency event.
7. PROHIBITED PURPOSES OF SITE
You must not, under any circumstances, use the Site, the Site Services, the Content or your Account:
  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts; or
  3. to violate any international, Australian or state regulations or laws.
  You agree that you will not:
  1. attempt to change, remove, deface, hack or otherwise interfere with the Site, the Site Services or any Content published on the Site;
  2. hack into any aspect of the Site or the Site Services, corrupt data or cause annoyance to other users of the Site or the Site Services;
  3. infringe upon any other person’s intellectual property or other proprietary rights;
  4. disclose any information to which you gain access as a result of the Site Services that is by its nature confidential;
  5. send any unsolicited advertising or promotional material (spam) to us or to other users with whom you come into contact on the Site or via the Site Services; or
  6. attempt to affect the performance or functionality of any computer facilities of or accessed through the Site.
8. INTELLECTUAL PROPERTY

Any intellectual property on the Site and in Site Services sold on the Site belongs to us or has been lawfully licensed to us by third parties. This includes copyrights, trademarks, proprietary information, designs, patents and other intellectual property rights, trade secrets, business information, business names, logo, designs, text, videos, audio files, graphics, presentation slides, other files and software (“Content”). Your use of the Site, including purchase of or access to any Site Services or Content, 4 does not grant or transfer any rights, title or interest to you in relation to the Site, Site Services or the Content.

To the extent that you submit any information or material to us relating to a Shipper or Carrier Profile, a Job Request or by otherwise posting on the Site, you automatically grant us a licence to use the information or material for the purpose for which it is provided.

You agree that access to the Site and the LOGiST Platform, and any material or information contained in it, is granted by us on the condition that such access is for your own use only and such access may not be sold, used or redistributed for any other purpose.

You must not use screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of reproducing information contained on this Site on or through any other medium.

9. LIABILITY
  1. You indemnify and release us, our affiliates, officers, employees and agents from any loss, liability, claim or demand (including legal fees) incurred or made by you or any third party in connection with your use of the Site, the Site Services or the LOGiST Platform.
  2. The Shipper is responsible for all Shipping Payments to the Carrier, and the Carrier is responsible for delivering the Transport Services to the Shipper under any Shipping Agreement.
  3. To the maximum extent permitted by law (including the Australian Consumer Law) neither we nor any of our affiliates, officers, employees or agents is liable for any direct or indirect losses, liabilities, claims, actions, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims by third parties or any other losses arising from or in connection with:
    1. your use of our Site, the Site Services or the LOGiST Platform;
    2. your inability to access our Site,
    3. interruption or outage of our Site;
    4. any Content that is inaccurate, incomplete or out of date;
    5. acts or omissions of any Shipper, Carriers generally or the Carrier specifically, including where that act or omission results in a loss of or damage to goods;
    6. use of the Site or the LOGiST Platform or information on or provided through the Site or the LOGiST Platform or any information or advice otherwise provided through us, a Shipper or Carrier, even if we have been advised of the possibility of such loss or damage; or
    7. removal or termination of your access to the Site and the LOGiST Platform.
  4. If the Site Services are subject to the provisions of the Australian Consumer Law, we limit our liability to the lesser of:
    1. the cost of replacing the Site Services or supplying equivalent Site Services; or
    2. the cost of repairing the Site Services.
10. DISCLAIMER

The Site and the LOGiST Platform are provided on an “as is” and “as available” basis. While we use best endeavours to vet Carriers, we do not check the truth or currency of all information that Shippers and Carriers provide via the LOGiST Platform. To the maximum extent permitted by law (including the Australian Consumer Law), we make no representations or warranties about our Site, the Content, the Site Services or the LOGiST Platform or any Shipper or Carrier. In particular, we do not represent:

  1. suitability, reliability, completeness, security, accuracy or fitness of the Site or the LOGiST Platform, Content and Site Services or any linked third party website for any particular purpose;
  2. the trustworthiness, creditworthiness or other attribute or characteristic of any Shipper or Carrier;
  3. that access to the Site or the Site Services will be free of any harmful components (including viruses) or other code that is harmful; or
  4. that there will be no failure of communications or data storage.

 

We endeavour to ensure the Site and LOGiST Platform are accessible at all times. However, we are not liable if it is interrupted or unavailable at any time or for any period.

We are not a party to any Shipping Agreement or other transaction between Shippers and Carriers. Any use of or reliance on the Site, the Site Services or the Content or entry into a Shipping Agreement is entirely at your own risk.

11. PAYMENT

All prices advertised on the Site are in Australian Dollars and include goods and services tax. Prices published on the Site may change at any time without advance notice to you.

If a registration fee is charged for registering an Account, the fees will be payable periodically in advance by direct debit from your nominated bank account or credit card. Second and subsequent registration fees will be debited periodically after the first payment as agreed.

You may cancel the renewal of your registration by notifying us in writing at least 30 days before a scheduled direct debit payment.

By submitting payment information, you authorise us to provide that information to third parties (such as our payment platform) to facilitate payment. You agree to verify any information requested by us or our payment platform for the purposes of acknowledging or completing any payment.

You authorise us or our payment platform to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.

You warrant when purchasing Site Services that any credit card or payment information that you provide to us or to our payment platform is accurate and complete. We accept no liability for incorrect credit card or payment information. Where relevant, you also warrant that there are sufficient available/cleared
funds in the nominated account to enable the direct debit to be honoured, and any charges incurred by you will be honoured by your financial institution or credit card company. You agree to pay any charges incurred by you, including any taxes, and that if your payment method is not honoured for any reason, you will pay any additional incurred charges, including any surcharge we incur due to the failed payment.

12. CANCELLATION AND REFUNDS

We do not offer refunds except where expressly set out in these Terms or required by the Australian Consumer Law. We do not offer refunds because you change your mind. The onus is on you to read information about the Site Services and these Terms thoroughly.

If a job does not proceed as agreed on the LOGiST Platform due to an act or omission of the Carrier (such as a failure to collect the load), Shippers will be entitled to a full refund. Carriers release and indemnify us against any claim against us connected with the Shipper’s or the Carrier’s obligations or rights to complete a Job.

If the Shipper cancels a job after the Carrier has sent collection notification through the LOGiST Platform, the Shipper will be entitled to a partial refund of the Transport Fee, after the deduction of the Platform Fee and any Futile Charge.

If we agree or are required by law to grant you a refund:

  1. we will refund your money within 14 days of the entitlement arising;
  2. we will immediately remove your access to the Site and the Site Services; and
  3. you must immediately cease using and destroy any material provided to you or downloaded as part of the Site Services.

Having your account access removed or managed in the course of the Site Services does not entitle you to any refund of the price.

You may cancel the renewal of your account registration by notifying us in writing at least 30 days before a scheduled direct debit payment.

If a dispute arises between the Shipper and the Carrier relating to a Job and we reasonably believe that any User (either the Shipper or Carrier) has demonstrated poor conduct then we may suspend, terminate, or impose additional obligations on that User’s Account without notice, in our absolute discretion.

13. NATURE OF LOGISTICS PLATFORM
  1. Through the Site, we provide the LOGiST Platform as a forum and access to a payment facility where Shippers can connect with Carriers, for:
    1. Shippers to advertise Jobs by publishing Job Requests;
    2. Carriers to provide Quotes for Jobs in response to Job Requests;
    3. Shippers and Carriers to agree on prices and other terms and enter into an agreement regarding the provision of Transport Services by the Carrier in relation to Jobs, with terms agreed between themselves (Shipping Agreements);
    4. Payments to be made by Shippers to Carriers for Transport
  2. You acknowledge and agree that the parties to any Shipping Agreement are the Carrier and the Shipper, and we are not involved in that Agreement. We are an independent service provider and do not act as the agent of either the Shipper or the Carrier.
14. PAYMENTS
  1. A Job is secured when the Shipper accepts the Carrier’s Quote and pays the quoted Shipping Payment into an escrow account held by our third party payment service provider, Stripe.
  2. We will charge each Carrier a one-off administration fee of $100, which will be levied from the first accepted Quote after the Carrier registers an Account.
  3. We will charge a Platform Fee to the Shipper in relation to each accepted Carrier’s Quote for which a Shipping Agreement is entered into between the Carrier and the Shipper.
  4. The Platform Fee will be deducted from the Shipping Payment being held in escrow.
  5. The Platform Fee is calculated at the rate of 15% of the amount of the accepted Quote.
  6. Quote amounts must be in Australian Dollars, inclusive of GST and the Platform Fee.
  7. We may change the types, amounts and method of calculation of the Platform Fee at any time, in our absolute discretion. Any such change will be published on the Site.
  8. By using the LOGiST Platform, you agree to the terms of Stripe’s payment facility, which can be reviewed here.
15. CHARGEBACKS
  1. If we receive notice of a chargeback from our payment service provider and we are required to refund or reverse all or part of any payment to a Carrier, an account holder or their bank or such a refund is debited from our account then:
    1. The Carrier must reimburse us for that amount; and/or
    2. we may set amounts due to the Carrier under this clause off against any other payments due by us to the Carrier; and/or
    3. we may deduct amounts from the Carrier’s nominated trust bank account and/or nominated business account
  2. We will be discharged from any obligation to remit that amount to the Carrier.
  3. We may charge the Carrier an additional $25 being an extra charge levied on us by the bank for the chargeback amount.
  4. If the Carrier’s bank account is not capable of being debited for the chargeback for any reason, we will invoice the Carrier for the chargeback amount which the Carrier must pay within 7 days of receipt of invoice.
16. INVOICING
  1. Carriers must supply their ABN as a condition of Account registration.
  2. Carriers consent for us to issue tax compliant invoices on behalf of their business Transport Services provided in relation to Jobs generated through the LOGiST Platform.
  3. Carriers acknowledge and agree that we accept no liability for incorrect information provided by them, including but not limited to information in relation to their ABN and/or payment details.
17. LOGISTICS PLATFORM RATING AND REVIEW FUNCTION
  1. You acknowledge and agree that participation in the LOGiST Platform requires you to submit to the LOGiST Platform Rating Function, via which Shippers and Carriers may post comments and observations regarding their experiences with other users of the Site.
  2. Submission of Carrier and Shipper Profiles to this Function is a condition of Account registration.
  3. While Site rules require users to only post such comments that are honest, fair and reasonable and which can be substantiated, we cannot guarantee that all comments will comply with this requirement.
  4. You are entitled to reply to any complaints left on your publicly available Rating profile. Any responses that breach these Terms or our website rules may result in suspension or termination of an Account or Profile.
  5. You acknowledge and agree that any information or material submitted to the Site for inclusion in the Rating Function (whether by Shippers or the Carrier) is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction.
  6. If a Carrier makes or responds to any comment on the Rating Function, that Carrier must not post or transmit any material on the Site which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise objectionable or which is otherwise prohibited by clause 6.
  7. You acknowledge that any material that you post to the Review Function of the Site may be removed or modified by us without notice at any time.
  8. Without limiting any of our rights under these Terms, we may in our discretion terminate or restrict the Carrier’s Account or Profile registration and ability to use the LOGiST Platform and Site as a Carrier, if we believe the Carrier is the subject of consistent, frequent or otherwise substantially negative feedback.

CARRIER TERMS

18. REGISTRATION OF CARRIER PROFILE
  1. If you are or represent a Carrier, you must register for a Carrier Profile to search or quote for Jobs.
  2. Carrier Profile registration is subject to our acceptance of your application, in our absolute discretion.
  3. You agree to supply any documentation reasonably required by us to verify your registration and your ability to deliver Transport Services, including:
    1. Name;
    2. Email address;
    3. Telephone number;
    4. Business Address and Name;
    5. ABN and GST registration;
    6. Number, specification and capacity of vehicles in fleet;
    7. Registration details of fleet vehicles;
    8. Certificates of currency of relevant insurances; and
    9. Names, date of Birth and Drivers’ Licence numbers of drivers;
  4. If the Carrier is a company or other legal entity, the person applying for registration on behalf of that entity represents and warrants that they have authority to bind the entity to the Terms.
  5. Without limiting any other right or obligation, you must immediately notify us of any change in circumstances or any other fact or matter that would or might be a breach of these Terms or otherwise a basis for disqualifying you as a Carrier.
  6. By applying for registration, you agree that we are entitled to assume that any person accessing the Site or the LOGiST Platform with the Carrier Profile is the Carrier or the Carrier’s authorised representative. You are liable for all actions taken by your authorised representatives in relation to their use of the Site and the LOGiST Platform.
  7. Carrier Profiles are not capable of assignment or transfer to another person or entity without our written consent.
19. CARRIER WARRANTIES
Each Carrier that registers a Carrier Profile agrees and warrants that:
  1. it is under no legal or other impediment that may prevent it fully carrying out its obligations under these Terms or any Shipping Agreement;
  2. it will be in all respects able to fulfil completely any Job or Shipping Agreement in respect of which it Quotes;
  3. any personnel it engages are and will at all times remain qualified to offer and perform the Transport Services;
  4. all personnel engaged by Carrier will exercise a high degree of skill, care and professionalism in providing the Transport Services to each Shipper;
  5. it has all insurance required of, or that would be commercially prudent for, a transport service provider in the Carrier’s position and area of business;
  6. it will ensure that all information (including but not limited to that set out in any application for registration as a Carrier) including information relating to the Carrier’s qualifications and capacity is true and correct in every respect and will be updated by the Carrier if and when it materially changes during the period of the Carrier’s use of the LOGiST Platform;
  7. it will comply with its obligations towards Shippers as set out in any Shipping Agreement;
  8. it will not use the Site or LOGiST Platform for illegal purposes, including without limitation, by posting to the Site information encouraging conduct that would constitute a criminal offence;
  9. it will not use any feature of the Site to send unsolicited commercial or marketing emails to any other users of the Site or LOGiST Platform, whether individually or as a group;
  10. it will not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without our prior written consent;
  11. it will not use anything on the Site or the LOGiST Platform for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with us;
  12. it will not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Site;
  13. it will not use the Site to engage in misleading or deceptive on-line marketing practices;
  14. it will not use the Site to transmit junk mail, spam, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;
  15. it will provide us with complete and accurate contact details when using the LOGiST Platform enabling Shippers to contact the Carrier (and vice-versa) as requested;
  16. it will not use the Site or LOGiST Platform to facilitate the actual or proposed transportation of any illegal or prohibited goods;
  17. it will comply with all laws and regulations regarding the provision of the Transport Services as well as all other applicable laws and regulations;
  18. when using the mobile app, it consents to the app accessing its geographical location; and
  19. it will not use the Site or LOGiST Platform to procure the handling or the transportation of goods in respect of which the Carrier knows, suspects or ought to know or suspect the Shipper has no title or other right.

SHIPPER TERMS

20. SHIPPER PROFILE REGISTRATION
If you are a Shipper, you warrant that:
  1. You will submit true and accurate information when registering your Shipper Profile and accessing the Site or LOGiST Platform; and
  2. Your Account and Shipper Profile information will be kept up to date from time to time during the period that you maintain a Shipper Profile on the Site.
21. ACCEPTANCE OF QUOTES
If you are a Shipper, you warrant that:
  1. To confirm acceptance of a Quote, you must pay the Quoted amount (which will be the aggregate total of the Platform Fee and the Transport Fee) through our third party payment service provider.
  2. When you accept a Quote, we may charge you the Platform Fee to cover the provision of the Site Services. The Platform Fee does not cause us to be liable for the Transport Services or any obligations in the Shipping Agreement that you enter into with your chosen Carrier.
22. CANCELLATION, COMPLAINTS AND REFUNDS
  1. Transactions facilitated through the Site and LOGiST Platform are final, and no cancellations can be guaranteed through the Site or LOGiST Platform.
  2. If a Shipper wishes to cancel a Job, or cannot complete a Job as the case may be, then the terms of the Shipping Agreement will determine the procedure and any rights and remedies available to the parties. However, a Shipper may request a cancellation and refund of the Shipping Payment by contacting us in writing
  3. Any cancellation or delay of a Quote or Job by the Shipper after the Carrier has departed to collect the load may attract a Futile Charge, including in the following circumstances:
    1. Nfreight is not ready for collection;
    2. Shipper is unprepared or unable to load the freight onto the Carrier’s vehicle (e.g., equipment failure);
    3. the Shipper has provided incorrect weights and/or dimensions in its Job Request or when entering into the Shipping Agreement; or
    4. there is an unexpected delay in arranging for the freight to be loaded onto the Carrier’s vehicle, that was outside of the Carrier’s control.
  4. Shippers are entitled to reply to any Carrier complaints left on their publicly available Rating Function or Shipper Profile. Any responses that breach our website rules may also result in suspension, termination or additional penalties on the Shipper’s account without notice.
23. SHIPPER WARRANTIES
If you are a Shipper, you agree and warrant that you will:
  1. not use the Site or LOGiST Platform for illegal purposes, including without limitation, by posting to the Site information encouraging conduct that would constitute a criminal offence;
  2. not use any feature of the Site to send unsolicited commercial emails to any other users of the Site or LOGiST Platform, whether individually or as a group;
  3. not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without our prior written consent;
  4. not use anything on this Site for or in connection with any business or enterprise (whether for profit or otherwise) that is in competition with us;
  5. not use the Site to engage in misleading or deceptive on-line marketing practices;
  6. provide us with complete and accurate contact details when using the LOGiST Platform enabling Carriers to contact Shipper as requested;
  7. complete and pay for any Transport Services agreed to be delivered by a Carrier using the Site and the LOGiST Platform;
  8. carry all insurance (including load insurance) required as a matter of law or prudent commercial practice;
  9. not use the Site or LOGiST Platform in relation to the actual or proposed transportation of any illegal or prohibited goods; and
  10. not use the Site or LOGiST Platform to procure the handling of or the transportation of goods in respect of which Shipper has no title or other right.
24. TERMINATION AND SURVIVAL

We may terminate these Terms and your access to the Site and the Site Services:

  1. if you breach the Terms and fail to remedy the breach within 7 days of our written notice to you; or
  2. if the breach is incapable of remedy, immediately without notice in our absolute discretion.

If we terminate the Terms, all disclaimers and limitations of liability will survive the termination.

25. ENTIRE AGREEMENT

These Terms, together with any changes agreed in writing, constitute the entire agreement between us and you in relation to your use of the Site and the Site Services and supersede all previous communications, negotiations and agreements, whether oral, written or electronic.

If any of these Terms is found to be invalid or unenforceable by a court of law, that invalid or
unenforceable term will be severed and will not affect the remainder of the Terms, which will continue in
full force and effect.

26. GOVERNING LAW

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. If you believe that a dispute has arisen between us in relation to the Site Services or these Terms, please contact us in writing so that we can both, acting in good faith, work to resolve the dispute as quickly as possible. Where a dispute cannot be resolved, you agree to submit to the jurisdiction of the courts of Western Australia and the Commonwealth of Australia.

27. INTERPRETATION
“Carrier” means any person or entity being a transport services provider who has registered a Carrier Profile on the Site in accordance with the Terms. “Carrier Profile” means the account registered by the Carrier on the Site which:
  1. enables Shippers to identify the Carrier on the Site and LOGiST Platform.
  2. entitles the Carrier to access and use the LOGiST Platform; and
“Chargeback” is a reversal of a charge on a credit card or debit card. “Deposit Payment” is the deposit the Shipper pays to us to accept a Quote and secure the services of a Carrier who has placed a Quote to deliver Transport Services. “Futile Charge” means the fee paid by the Shipper (by deduction from the if a Job or Quote is cancelled after the Carrier’s departure for collection. “Job Request” means a request made by the Shipper using the LOGiST Platform seeking offers for the provision of Transport Services. “Job” means the provision of freight/transport services by a Carrier to a Shipper that arises out of a Job Request. “Platform Fee” is the fee that is charged to the Shipper when they have successfully been matched with a Shipper for the provision of Transport Services. “LOGiST Platform” means the system operated by us as described in this Agreement, and as developed by us from time to time. “Quote” means an offer by a Carrier to a Shipper to provide Transport Services for a particular Job under the terms of a Shipping Agreement for the Transport Fee. “Shipper” means a user of the Site or LOGiST Platform who wishes to use the Site and the LOGiST Platform to seek offers for Transport Services, subject to the Terms. “Shipper Profile” means the account registered by the Shipper on the Site which:
  1. enables Shippers to post Job Requests for quoting by Carriers on the Site and the LOGiST Platform.
  2. entitles the Shipper to access and use the LOGiST Platform; and
  3. by which other users can identify the Shipper on the Site and LOGiST Platform.
“Transport Fee” means the fee for the Transport Services, which is charged by the Carrier to the Shipper under the terms of the Shipping Agreement. “Transport Services” means the freight, carriage or transport services that the Carrier provides to Shippers under the terms of the Shipping Agreement