Terms of Use (Freightrade classifieds)

1. Introduction

These terms of use govern your use of our Freightrade website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you register with our website, we will ask you to expressly agree to these terms of use, by checking the I agree checkbox in the registration form.

2. Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

1. republish material from this website (including republication on another website)
2. sell, rent or sub-license material from the website
3. show any material from the website in public
4. edit or otherwise modify any material on the website other than editing your own classified advertisements using our website interface
5. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose
6. redistribute material from this website except for content specifically and expressly made available for redistribution (such as our news page)

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

3. Classified advertisements

We welcome the submission of classified Freight and Vehicle space advertisements to our website.

You may submit a classified advertisement by: registering freight or vehicle space in the "my current jobs" area.

You will have the opportunity to identify and correct input errors prior to making your submission by editing in your "my current jobs" area.

Classified advertisements submitted to our website must constitute bona fide advertisements relating to Freight and Vehicle space that are true, fair and accurate in all respects. Classified advertisements must all be listed in the appropriate category or categories.

Classified advertisements submitted to our website must not constitute an advertisement for any product or service that:

1. breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights, or gives rise to a cause of action against any person in any jurisdiction;
2. consists of or contains material that would, if published on our website by you, contravene the provisions of Section [6];
3. details of any vehicles or freight taken from any other freight trading site, excluding any vehicles or freight being placed on multiple sites by the originator of the aforementioned vehicles or freights.

Your classified advertisements must comply with the "acceptable use" and "submissions" provisions below.

If you make a submission, you will be asked to choose a user ID and password. You must ensure that your user ID and password are kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.

You must keep your classified advertisements up-to-date using our website interface. In particular, you must remove any classified advertisements that have ceased to apply (for example, because the freight/vehicle space advertised have been sold).

Classified advertisements that are submitted will be automatically following receipt.

Without prejudice to our other rights under these terms of use, we reserve the right to reject or delete submissions that in our reasonable opinion breach these terms of use or that do not in our reasonable opinion meet the additional guidelines for submissions published on our website. If we accept your classified advertisement then, it will remain published on our website for the relevant period set out on our website, subject to termination or deletion in accordance with these terms of use.

We will not file a copy of these terms of use specifically in relation to each submission and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that you print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

4. Free advertisements

Our website allows you to make free classified advertisement submissions, subject to the following limitations: see section (3) (c)

We may delete free classified advertisements at any time in our sole discretion with or without notice to you.

5. Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use data collected from our website to contact individuals or companies or other organisations for any reason (other than for the purpose of a bona fide response to a classified advertisement).

You must not use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

6. Submissions

In these terms of use, "your submissions" means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website as part of a classified advertisement, or that you submit to our website using any other website feature.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your submissions in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your submissions must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your submissions (and their publication on our website) must not:

1. be libellous or maliciously false;
2. be obscene or indecent;
3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
4. infringe any right of confidence, right of privacy, or right under data protection legislation;
5. constitute negligent advice or contain any negligent statement;
6. constitute an incitement to commit a crime;
7. be in contempt of any court, or in breach of any court order;
8. be in breach of racial or religious hatred or discrimination legislation;
9. be blasphemous;
10. be in breach of official secrets legislation;
11. be in breach of any contractual obligation owed to any person;
12. be untrue, false, inaccurate or misleading;
13. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
14. constitute spam;
15. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory;
16. cause annoyance, inconvenience or needless anxiety to any person.

Your submissions must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

You must not submit to our website any submissions that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user submissions, we do not undertake to monitor the submissions, or the publication of the submissions on our website unless notified by any member.

7. Discontinuing services

We reserve the right to discontinue our classified advertising services (and the publication of our website) at any time in our sole discretion with or without notice.

If:

1. your classified advertisement has been (or would have been) accepted in accordance with these terms of use; and
2. we discontinue the classified advertising service;
3. Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

You acknowledge that:

1. Whilst every care is taken to ensure that all members placing work on "Freightrade" have been credit checked, this can only be done using the latest published accounting information available (this can often be over a year old). It is therefore strongly recommended that you exercise your own credit control procedures as freightrade cannot be held responsible for failure of or non payment by any member business on the site. However, if you do experience any problems with a member, please do not hesitate to let us know by e-mail so we can take swift action to safeguard all members;
2. we do not check, audit or monitor the information contained in classified advertisements;

and accordingly we will not be liable to any person, whether acting as advertiser or buyer or otherwise, in relation to the offer for sale or sale or purchase of any goods or services advertised on our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any goods or services and we will have no obligation to mediate between parties to any such contract.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

9. Limitations and exclusions of liability

Nothing in these terms of use will:

1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use:

1. are subject to the preceding paragraph; and
2. govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

we will not be liable to you in respect of any loss or corruption of any data, database or software.

we will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

10. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use[, or arising out of any claim that you have breached any provision of these terms of use].

11. Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

1. send you one or more formal warnings;
2. temporarily suspend your access to the website;
3. permanently prohibit you from accessing the website;
4. block computers using your IP address from accessing the website;
5. contact your internet services provider and request that they block your access to the website;
6. bring court proceedings against you for breach of contract or otherwise;
7. delete and/or edit any or all of your classified advertisements or website submissions; and/or
8. suspend and/or delete your account with the website.

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

12. Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. Trademarks

"Freightrade" and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

14. Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

15. Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

16. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing where you contract with us as a consumer that such action will not reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

17. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

19. Entire agreement

These terms of use constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

20. Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

21. Our details

The full name of our company is Freightrade.

You can contact us by email to admin@freightrade.co.uk

Privacy Policy

This privacy policy sets out how Freightrade Freight Services uses and protects any information that you give Freightrade Freight Services when you use this website.

Freightrade Freight Services is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Freightrade Freight Services may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 21/03/2011.

What we collect

We may collect the following information:

• name and job title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping
• We may use the information to improve our products and services
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
• Also sending out Freight or Vehicle space notifications.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes or send unsubscribe to admin@freightrade.co.uk
• if you have previously agreed to us using your personal information for direct marketing purposes, by using our opt in confirmation email system you may change your mind at any time by writing to or emailing us at admin@freightrade.co.uk

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to:

Freightrade Freight Services
57a Broadway
Leigh on Sea
Essex, SS9 1PE

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.