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HAULAGEHUB

Haulier Terms and Conditions

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CONTENTS

CLAUSE

  • 1. THESE TERMS
  • 2. INFORMATION ABOUT US AND HOW TO CONTACT US
  • 3. DEFINITIONS AND INTERPRETATION
  • 4. ACCOUNTS
  • 5. HAULIER OFFERS
  • 6. LOAD CONTRACTS
  • 7. SHIPPING DOCUMENTS
  • 8. PROOF OF COLLECTION (POC) AND PROOF OF DELIVERY (POD)
  • 9. HAULIER REPRESENTATIONS AND WARRANTIES
  • 10. SHIPPER PAYMENTS AND CHARGES
  • 11. OUR FEES
  • 12. INFORMATION ON THE APP AND PLATFORM
  • 13. LINKS TO SHIPPERS OR OTHER WEBSITES
  • 14. LIMITATION OF RELATIONSHIP
  • 15. TERMINATION
  • 16. LIMIT OF LIABILITY
  • 17. YOUR OBLIGATIONS
  • 18. YOUR LIABILITY
  • 19. NON-SOLICITATION
  • 20. FORCE MAJEURE
  • 21. USE OF THE APP AND PLATFORM
  • 22. INDEMNIFICATION
  • 23. YOUR INFORMATION
  • 24. REVIEWS
  • 25. COMPLAINTS
  • 26. OTHER IMPORTANT TERMS


Our terms

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply services to you via our App and Platform.

1.2 Why you should read them. Please read these terms carefully before you start to use the App or the Platform (Services). By using the Services you indicate that you have read, understood and accept these Terms and Conditions, along with our Privacy Policy, and that you agree to be bound, without limitation or qualification to all of those terms.

1.3 Amendments. We may amend these Terms and Conditions from time to time by uploading such amended Terms to the App and Platform and sending out a copy such amended Terms to the email address you have provided to us.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are HaulageHub Technologies Limited (HaulageHub/we/us/our) a company registered in England and Wales. Our company registration number is 12115157 and our registered office is at Vanguard House, Keckwick Lane, Daresbury, Warrington, WA4 4AB.

2.2 What we do. We are a technology provider, aiming to streamline the process for Shippers finding Hauliers and vice versa. HaulageHub provides the Services on which Shippers can submit a request for the transportation of freight and Hauliers can accept such requests. We do not ship any goods and at no time will a contract come into existence between you and us for the provision of transport services. Any contract formed with a Shipper will be solely between you and the Shipper.

2.3 How to contact us. You can contact us by email at [email protected].

2.4 How we may contact you. If we have to contact you we will do so by writing to you at the email address provided when you register with us.

3. DEFINITIONS AND INTERPRETATION

3.1 In these Terms, unless the context requires otherwise:

  • App means the mobile software application platform owned and operated by HaulageHub.
  • Force Majeure means an event or sequence of events beyond reasonable control preventing the Seller or Us delaying from performing the obligations under this Agreement save that an inability to pay is not a Force Majeure event.
  • Haulier/You means the person or company accepting these Terms and who is in the business of providing the transport of goods by road (Transport Services) and who uses the Services to connect with Shippers with whom they may contract with for the provision of Transport Services.
  • Load means the goods to be transported by the Haulier at the Shipper’s request.
  • Load Request means any request submitted on the Platform or App by the Shipper requesting the provision of Transport Services.
  • User means any entity which accesses or uses the Services and may be a Haulier or a Shipper.
  • User Content means any and all information, data, textual, audio, and/or visual content, commentary and feedback related to the Services, ratings, reviews and other content that a User submits to, or uses with, the Services. User Content includes the information provided in a Load Request or acceptance of a Load Request.
  • Services means the services provided by us, permitting you access to the App/Platform which allows you to connect with Shippers.
  • Shipper means the person or firm using the Services to find a Haulier to contract with for the provision of Transport Services.
  • Platform means the web application at haulagehub.com.
  • Writing or written shall include emails.

4. ACCOUNTS

  • 4.1 In order to use certain features of the Services, you must register for an account with HaulageHub (“Account”) and provide certain information as prompted by the registration.
  • 4.2 You may cancel your Account at any time, for any reason, by contacting HaulageHub or following the instructions on the App or Platform.
  • 4.3 You are responsible for maintaining the confidentiality of your Account login credentials and are fully responsible for all activities that occur under your Account.
  • 4.4 You agree to immediately notify HaulageHub of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security.
  • 4.5 HaulageHub shall not be liable for any loss or damage arising from your failure to comply with the above requirements of this clause 4.
  • 4.6 Upon registration for an account, you will be asked to provide us with a telephone number required to connect Shippers with Hauliers for the transportation of Loads and so that HaulageHub can reach you with informational calls and/or messages related to the transportation of Loads. The frequency of text messages that we send to you depends on your transactions with us and whether you consent to receiving text messages sent through an automatic telephone dialling system. All calls to and from HaulageHub may be monitored or recorded for quality and training purposes.
  • 4.7 If you elect to receive promotional text messages in connection with your Account, you also consent to such messages being sent through an automatic telephone dialling system. Any data collected through text messages or phone calls will be handled in accordance with our Privacy Policy.

5. HAULIER OFFERS

  • 5.1 Shippers shall post Load Requests on the App and/or Platform and Hauliers can then send offers to the Shippers (“Haulier Offer”) to provide Transport Services in relation to specific Load Requests.
  • 5.2 You are solely responsible for liaising with the Shipper to ensure that you have all required information to enable you to provide Transport Services in relation to a specific Load.
  • 5.3 Once your Haulier Offer has been accepted you will be assigned to perform the Transport Services in relation to that Load.
  • 5.4 HaulageHub does not guarantee that any Haulier Offers will be accepted by a Shipper.

6. LOAD CONTRACTS

  • 6.1 HaulageHub is not a Shipper and is not the owner or shipper of any goods being transported. Transport Services are provided by you to a Shipper under a contract directly between you and the Shipper (“Load Contract”).
  • 6.2 A Load Contract is formed between you and a Shipper when a Shipper accepts your Haulier Offer to a Load Request either via the Platform or the App.
  • 6.3 The Load Contract shall outline the specific terms applicable to the provision of the Transport Services.
  • 6.4 HaulageHub is not a party to the Load Contract and shall not be responsible for any terms entered into between you and any Shipper.

7. SHIPPING DOCUMENTS

You shall not refer to HaulageHub as either a Shipper or consignee on any bill of lading, CMR note or any other delivery documentation. In the event that you do so, such reference shall be deemed to be for your convenience, or due to your oversight, and shall not operate to make us a party to the Load Contract in any way.

8. PROOF OF COLLECTION (POC) AND PROOF OF DELIVERY (POD)

  • 8.1 Once the Transport Services in relation to a Load have been completed, you shall post to the App and/or Platform a POD signed by an authorised recipient of the Load.
  • 8.2 At our discretion we may assist Shippers or Hauliers by providing trouble shooting and tracking services, however we are in no way obligated to provide such assistance.

9. HAULIER REPRESENTATIONS AND WARRANTIES

  • 9.1 You hereby represent and warrant that:
    • (a) all information submitted to register for an Account and all other information made available on the Platform or App is truthful and accurate and you will maintain the accuracy of such information;
    • (b) you will ensure that, both in relation to the Load Contract and generally, you comply with all applicable laws, rules, regulations and statutory requirements relating to the provision of services in the United Kingdom specifically pursuant to English Law, or where applicable in accordance with any laws, rules, regulations and statutory requirements relating to the provision of services in the European Union;
    • (c) you have all necessary licences and consents to allow you to provide the Transport Services;
    • (d) all employees, contractors and agents engaged by you to provide the Transport Services have the necessary licences, qualifications and consents;
    • (e) at all times whilst using the Services maintain in force suitable insurance policies to cover all liabilities which may arise under or in connection with these Terms and any Load Contract;
    • (f) you will act in good faith at all times in entering into and fulfilling Load Contracts with each and every Supplier for the mutual benefit of both parties;
    • (g) you agree that HaulageHub will not be liable for any loss, damage, theft, destruction or delay to any Load; and
    • (h) you shall not re-broker, co-broker, subcontract, assign, or cause or permit any other person or entity to perform any of your obligations under a Load Contract, or cause or permit any Load to be transported by any other third-party Haulier, or any other substitute mode of transportation, without the express written consent of HaulageHub and the Shipper.

10. SHIPPER PAYMENTS AND CHARGES

  • 10.1 HaulageHub shall generate invoices on behalf of Hauliers for any Transport Services obtained through the Services.
  • 10.2 Once we receive payment of an invoice by a Shipper we will release the payment to you within one business day.
  • 10.3 For each Load, the Shipper shall be invoiced for the charges quoted in the applicable Haulier Offer (the “Charges”), plus any additional charges or admin fees (“Additional Shipper Charges”) which you may charge in relation to the Load.
  • 10.4 Any Additional Shipper Charges which may be payable by the Shipper must be documented in the Load Contract and may include, but are not limited to:
    • (a) Cancellation of Transport Services. Specific cancellation charges must be documented in the Load Contract.
    • (b) Load Refusals. In the event that you have reasonable cause to refuse a Load or the collection, or delivery site is inaccessible for any reason which is not deemed to be your fault, then additional charges may be charged which must be documented in the Load Contract.
    • (c) Demurrage. Demurrage rates may be charged, the rate of which must be documented in the Load Contract.
  • 10.5 You are required to provide Shippers with advance notice of any Additional Shipper Charges which shall be payable by the Shipper.
  • 10.6 You must not accept payments directly from Shippers.
  • 10.7 Any amount that is not paid when due will accrue interest and HaulageHub, on behalf of the Haulier, will exercise the statutory right to claim interest (at 8% over the Bank of England base rate) and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act if payment is not made according to agreed credit terms.
  • 10.8 A Proof of Delivery (POD) is mandatory, unless otherwise stated on the Load Contract. Without a POD, it is entirely at the discretion of the Shipper to pay.
  • 10.9 Where a user operates as both a Haulier and a Shipper on the Platform, HaulageHub reserves the right to withhold, delay or offset any payments due to the Haulier in respect of completed Transport Services where there are outstanding charges, debts or overdue invoices owed by that same User in their capacity as a Shipper. This right to offset applies regardless of whether the outstanding amount arises from a separate Load Contract. HaulageHub may suspend access to funds or delay payment until such debts are settled in full.
  • 10.10 HaulageHub invoices the Shipper on behalf of the Haulier, incorporating platform-related fees. If a Shipper fails to pay within the agreed payment terms, HaulageHub will manage the collection process through structured reminders for a period of up to 60 days from the invoice due date. If payment remains outstanding after 60 days, HaulageHub may, at its sole discretion, withdraw from the transaction and provide the Haulier with relevant documentation and Shipper contact details. At that point, the Haulier may pursue the Shipper directly for the net haulage fee (excluding any platform fees), and HaulageHub shall bear no further responsibility for the collection of that debt. For the avoidance of doubt, the decision to withdraw from a transaction remains entirely at the discretion of HaulageHub, and there may be circumstances in which we choose to continue pursuing payment beyond the 60-day point. Hauliers acknowledge that until this point, any payment due is conditional upon HaulageHub receiving full payment from the Shipper.
  • 10.11 HaulageHub does not act as a trustee, escrow agent, or fiduciary with respect to any payments received from Shippers or due to Hauliers. Any funds received by HaulageHub are processed as part of the platform’s facilitation services and are not held in trust or escrow for Hauliers. HaulageHub’s obligation to pay Hauliers is conditional upon receiving cleared funds from the relevant Shipper and is subject to these Terms, including any rights of offset.

11. OUR FEES

  • 11.1 Hauliers will pay commission to us at a rate of £7.49 ex. VAT per load transaction of the charges payable to the Haulier by a Shipper in relation to a Load Contract (“HaulageHub Fees”).
  • 11.2 When HaulageHub receive payment of an invoice from a Shipper, we shall deduct the HaulageHub Fees from the payment, before paying the remainder to you.
  • 11.3 We reserve the right to amend the rate of HaulageHub Fees from time to time and the amended rate shall apply from the date of amendment.
  • 11.4 HaulageHub Fees are [exclusive of VAT] which shall be charged at the prevailing rate at the date of payment.

12. INFORMATION ON THE APP AND PLATFORM

  • 12.1 We use our best endeavours to keep the information that we place on the App or Platform as accurate as possible, but we are under no obligation to update either.
  • 12.2 We have no responsibility for information on the App or Platform given by Shippers and we have no liability or responsibility as to the accuracy, reliability or completeness of any information on the App or Platform.
  • 12.3 We do not verify the accuracy or truth or completeness of, and shall not be liable for and accept no responsibility for any information presented including, but not limited to, information presented by Shippers, liability regarding any connections made directly with Shippers, or any circumstances that may arise from your use of the Services.
  • 12.4 We reserve the right to withdraw or amend the Services without notice. We shall not be liable if for any reason our App or Platform is not available at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, if required. We aim to update the App and Platform regularly and may change the content at any time. We may therefore have to suspend access to the App or Platform, or close them if necessary.
  • 12.5 You are responsible for making all arrangements necessary for you to have access to the App and Platform and for ensuring that all persons who access the App or Platform through any device which is owned by you or for which you are the registered user, are aware of these Terms and that they comply with them. In order to use the App and Platform properly, you must have the necessary hardware, software and reliable internet access, none of which is our responsibility and is your entire responsibility.
  • 12.6 We cannot guarantee that the services on the App or Platform will be uninterrupted or will achieve particular results, or the integrity or security of data contained therein, except to use its reasonable endeavour to rectify faults if they do occur.
  • 12.7 By using the App or Platform, you represent and warrant that: (i) you either are the sole and exclusive owner of all of your User Content or you have all rights, licenses, consents and releases necessary to grant HaulageHub the license to the User Content to be advertised on the App or Platform; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor HaulageHub’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • 12.8 You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by HaulageHub in its sole discretion, whether or not such material may be protected by law. HaulageHub may, but shall not be obligated to, review, monitor, or remove User Content, at HaulageHub’s sole discretion and at any time and for any reason, without notice to you.

13. LINKS TO SHIPPERS OR OTHER WEBSITES

  • 13.1 Any links provided on the App or Platform to other websites are not intended to provide an endorsement by us and we will have no liability or responsibility for the content contained therein or those websites whatsoever.

14. LIMITATION OF RELATIONSHIP

  • 14.1 We are not liable for any information given on the App or Platform or directly to you by a Shipper or for any services (lack thereof or failure to meet legal requirements) provided by you.
  • 14.2 We do not ship any goods listed by Shippers in Load Requests on the App or Platform.
  • 14.3 We do not vet Shippers nor do we recommend or endorse them. HaulageHub is not responsible in any way for the acts and/or omissions of Shippers, nor we will be responsible in any way for Hauliers or their drivers.
  • 14.4 All of the Shippers using our App and Platform have given a warranty to us that they either own the Load or have all necessary rights entitling them to ship the Load but we do not verify that information and therefore we give no guarantee or warranty in that regard.

15. TERMINATION

  • 15.1 We may suspend or permanently terminate your use of the App or Platform if you breach any of the provisions of the terms set out in this Agreement.
  • 15.2 You may terminate this Agreement at any time by contacting us and we will delete your registration details and all details that we hold on you from our database.

16. LIMIT OF LIABILITY

  • 16.1 To the extent permitted by law, we have no liability whatsoever relating to the information on the App and Platform, or the services advertised by, and provided by Shippers or Hauliers.
  • 16.2 To the extent permitted by applicable law, HaulageHub will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for:
    • (a) any Load Contracts which are cancelled;
    • (b) any failure by the Shipper to pay the relevant charges for the Transport Services which you provide to them;
    • (c) any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the App or Platform;
    • (d) any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;
    • (e) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or
    • (f) any other loss, damage, costs, expenses or liability that you suffer in connection with the Services, save to the extent that HaulageHub fails to perform its obligations to you to the standard of a diligent and professional provider of the technology services.
  • 16.3 If HaulageHub is liable to you in connection with the Services, where permitted by law, its liability will be limited to an amount equal to £250 in aggregate.
  • 16.4 Nothing in these Terms and Conditions will limit or exclude HaulageHub’s liability to you for personal injury or death caused directly by HaulageHub’s negligence.

17. YOUR OBLIGATIONS

  • 17.1 Any Haulier who accesses or uses our Services is an independent contractor and you remain solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching your drivers, as well as for the inspection and maintenance of your vehicles and other equipment.
  • 17.2 You remain solely responsible for you own actions, omissions, training and compliance with regulatory and safety requirements.
  • 17.3 You maintain sole control over the methods and results by which you perform the Transport Services.
  • 17.4 HaulageHub is not a Haulier or Shipper, nor is HaulageHub an agent of any Haulier or Shipper and no Haulier or Shipper is an agent of HaulageHub.

18. YOUR LIABILITY

  • 18.1 The Load Contract is between you and the Shipper and you will be liable for any lost, damaged or delayed Loads in accordance with the terms set out in the Load Contract.
  • 18.2 For Transport Services provided solely in the United Kingdom you may choose to incorporate the Road Haulage Association’s (RHA) Conditions of Carriage into the Load Contract (if you are entitled to do so by virtue of being a member of the RHA) and as such limit your liability to the Shipper in accordance the terms of the RHA Conditions of Carriage, however any such limit is to be agreed directly between you and the Shipper within the Load Contract.
  • 18.3 Any claims made by the Shipper will be brought directly against you as the Haulier.

19. NON-SOLICITATION

  • 19.1 Whilst using our Services and for a period of one year following your termination of the use of our Services, you shall neither initiate nor accept any direct or indirect business relationship with any Shipper to which you were first introduced to by the Services, or in connection with your use of the Services. Your obligation in this regard extends to instances where a Shipper contacts you and seeks to establish a business relationship which excludes HaulageHub.
  • 19.2 If you book or otherwise make available any direct or indirect business relationship with any Shipper that was first introduced to you by HaulageHub in breach of clause 19.1, you shall be jointly and severally liable with the Shipper to HaulageHub for each such breach in an amount equal to twenty percent (20%) of all revenues invoiced by you to the Shipper.
  • 19.3 HaulageHub retains the right to block your access to the Services and to prevent any further use of the Services if you are found to have acted in breach of clause 19.1.
  • 19.4 In this clause 19, reference to any introduction by HaulageHub shall include any Shipper that you have contacted or has been in contact with you via the Services whether or not any Load Contract was subsequently entered into with that Shipper, and any Shipper who’s details you have obtained via the Services or who has obtained your details via the Services.

20. FORCE MAJEURE

  • 20.1 We will not be liable if we are prevented or delayed in performing our obligations under these terms due to Force Majeure.

21. USE OF THE APP AND PLATFORM

  • 21.1 HaulageHub owns all right, title, and interest in and to the Platform, including all intellectual property rights therein. Subject to the Terms, HaulageHub grants to you a limited, non-transferable, non-exclusive, revocable licence to use the Platform during the term of this agreement solely for the purpose of receiving the Services in your business.
  • 21.2 HaulageHub owns all right, title, and interest in and to the App, including all intellectual property rights therein. Subject to the Terms, HaulageHub grants to you a limited, non-transferable, non-exclusive, revocable licence to use the App in executable object code format only, solely on your own handheld mobile device, during the term of this agreement and solely for the purpose of receiving the Services in your business.
  • 21.3 You agree not to use the Services to:
    • (a) upload, transmit or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
    • (b) send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise
    • (c) harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent;
    • (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service or violate the regulations, policies or procedures of such networks;
    • (e) attempt to gain unauthorised access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; or
    • (f) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Services.
  • 21.4 HaulageHub reserves the right, at its sole direction, to remove or modify User Content, terminate your Account and/or report you to the relevant authorities where appropriate following any breach of these Terms.

22. INDEMNIFICATION

The Haulier shall indemnify HaulageHub in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by HaulageHub arising out of or in connection with (i) the Haulier’s use of the Services in breach of these Terms, (ii) any User Content posted by the Haulier, (iii) the Haulier’s interaction with any other User, and (iv) violation of any applicable laws or regulations. HaulageHub reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of any such claims. HaulageHub will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

23. YOUR INFORMATION

  • 23.1 We process information about you in accordance with our Privacy Policy.
  • 23.2 Geolocational data that you upload, provide, or post on the Services may be accessible to certain Users of the Services. You assume any and all risk associated with providing such data to other Users of the Services.
  • 23.3 You hereby grant HaulageHub permission to identify you as a customer of HaulageHub or user of our Services and to reproduce your name and logo on our App or Platform and in other marketing materials.

24. REVIEWS

HaulageHub provides a means for Shippers and Hauliers to rate and review each other and to have those ratings made available to other Users. We do not express any opinion, nor does HaulageHub make any assurances regarding, the truth or accuracy of any User reviews or ratings. HaulageHub does not regularly monitor or remove reviews or ratings, or any portion thereof, unless they contain content which we deem to be inappropriate.

25. COMPLAINTS

  • 25.1 We hope that you will be happy with the Services provided within our App or Platform however, if you do have any complaints or claims regarding the Services we provide then please contact us at:

26. OTHER IMPORTANT TERMS

  • 26.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
  • 26.2 Nobody else has any rights under this contract. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
  • 26.3 If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • 26.4 Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
  • 26.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts.