THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SHIPPERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) OF CARGO (DEFINED BELOW) AND CARRIERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK CARGO DIRECTLY WITH THE SHIPPERS VIA THE APPLICATION. YOU UNDERSTAND AND AGREE THAT UGLY CARGO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SHIPPERS AND CARRIERS, NOR IS UGLY CARGO A BROKER, AGENT OR INSURER. UGLY CARGO HAS NO CONTROL OVER THE CONDUCT OF SHIPPERS, CARRIERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY CARGO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Ugly Cargo Content"
means all Content that Ugly Cargo makes available through
the Site, Application, or Services, including any Content licensed from a third
party, but excluding Registered User Content.
means an amount a carrier to charge for shipping cargo
"Offer Period" means the time period starting from the time when an offer is made by a Carrier (as determined by Ugly Cargo in its sole discretion), within which a Shipper may decide whether to confirm or reject that offer, as stated on the Site, Application or Services. Different Offer Periods may apply in different places. “Booking” means accepted offer by the shipper from a carrier.
"Collective Content" means Registered Users Content and Ugly Cargo Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Carrier" means a Registered User who requests from a Shipper a booking of Cargo via the Site, Application or Services.
"Shipper" means a Registered User who creates a Listing via the Site, Application and Services.
"Listing" means Cargo that is listed by a Shipper as available Cargo to ship listed via the Site, Application, and Services.
"Registered User" means a person who completes Ugly Cargo’s account registration process, including but not limited to Shippers and Carriers, as described under “Account Registration” below.
"Registered User Content" means all Content that a Registered User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services. “Cargo”means good to be shipped.
"Tax" or "Taxes" mean any goods and services taxes (GST). “Certified HeadOffice Account” means a company that has been verified by UGLY Cargo. “Uncertified HeadOffice Account” means a company that has not been verified by UGLY Cargo. “Personal Account” means an individual account for a user that needs to be attached to a company account. “HeadOffice Account”means an account that has been verified by UGLY cargo which Personal Accounts are attached to.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. You accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Ugly Cargo reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Booking Fees, at any time and without prior notice. If Ugly Cargo modify these Terms, Ugly Cargo will post the modification on the Site or via the Application or provide you with notice of the modification. Ugly Cargo will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after Ugly Cargo have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
The Site, Application and Services can be used to facilitate the listing and booking of Cargo. Such Cargo are included in Listings on the Site, Application and Services by Shippers. You may not view Listings as an unregistered visitor to the Site, Application and Services; and, if you wish to Offer any Cargo or create a Listing, you must first register to create an Ugly Cargo Account (defined below).
As stated above, Ugly Cargo makes available an online platform or marketplace with related technology for Carriers and Shippers to meet online and arrange for bookings of Cargo directly with each other. Ugly Cargo is not an owner or operator of goods, including, but not limited to, Cargo, nor is it a provider of goods, including, but not limited to, Cargo and Ugly Cargo does not manage and/or control cargo, including, but not limited to, Cargo or transportation or travel services. Unless explicitly specified otherwise in the Ugly Cargo platform, Ugly Cargo’s responsibilities are limited to, facilitating the availability of the Site, Application and Services and
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SHIPPERS AND CARRIERS CONNECTING AND BOOKING CARGO DIRECTLY WITH EACH OTHER. UGLY CARGO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY CARGO. UGLY CARGO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND CARGO. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE SHIPPERS AND CARRIER’S OWN RISK.
In order to access certain features of the Site and Application, create Listings or offer on any cargo, you must register to create a Personal Account (“Ugly Cargo Personal Account”) to become a Registered User directly via the Site or Application or as described in this section. Every Personal Account gets attached to a HeadOffice Account by UGLY Cargo from the information you provide as stated below.
Registering an Uncertified HeadOffice Account
When Ugly Cargo receive registration of a new user who works for a company that has not yet been certified by UGLY Cargo (Uncertified HeadOffice) Ugly Cargo will verify information provided in your registration, and do our own due diligence about you and the company, including some or all, but not limited to, replied email from yourself with company signature, and scanned copy of your business card, and phone call verification using your website contact details, and speak to company officers such as your human resources department or managers of the office or head office which by accepting these terms you grant UGLY Cargo permission to contact such persons. Once the HeadOffice Account has been verified Ugly Cargo will assign the first Personal Account as the Administration. You can change the Administrator by emailing UGLY Cargo at firstname.lastname@example.org
HeadOffice Administrators Responsibilities
It is the responsibility of the HeadOffice Administrator also known as HeadOffice Admin, or Admin, to keep all HeadOffice Account details up to date and correct along with confirming with UGLY Cargo about other users for the HeadOffice Account. The HeadOffice Administrator has an important role of informing UGLY Cargo of any new users and any users that should no longer be connected with the HeadOffice Account.
Registering New Personal Account with a Registered HeadOffice Account.
Once registration is received for a user who claims to work for a company that has already been certified, you give UGLY Cargo permission to contact the HeadOffice Administrator to verify this is true. This can be done, including some, or all, but not limited to, email, and phone.
You might also be able to register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “ Third-Party Account ”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Ugly Cargo Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Ugly Cargo through the Site, Services or Application; or (ii) allowing Ugly Cargo to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Ugly Cargo and/or grant Ugly Cargo access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Ugly Cargo to pay any fees or making Ugly Cargo subject to any usage limitations imposed by such third-party service providers. By granting Ugly Cargo access to any Third-Party Accounts, you understand that Ugly Cargo will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Ugly Cargo Account and Ugly Cargo Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Registered User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Ugly Cargo Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Ugly Cargo’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Ugly Cargo Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Ugly Cargo makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Ugly Cargo is not responsible for any SNS Content.
Once registration has been completed and the information that you have provided has been verified Ugly Cargo will create your Ugly Cargo HeadOffice Account and your Ugly Cargo Personal Account for your use of the Site and Application based upon the personal and company information you provide to UGLY Cargo or that Ugly Cargo obtain via an SNS as described above. Ugly Cargo can choose to not open an account and is our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Ugly Cargo Account, see more below under Suspension, Termination and Ugly Cargo Account Cancellation. The first user from a company will be given administration rights which gives you control what other user Roles are within your company which determines what they can do within the site application. A company is restricted to either place cargo or see cargo depending on your type of business.AT NO POINT CAN SHIPPERS SEE OTHER SHIPPERS CARGO. You may not have more than one (1) personal active Ugly Cargo Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Ugly Cargo reserves the right to suspend or terminate your Ugly Cargo Account and your access to the Site, Application and Services if you create more than one (1) Ugly Cargo Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Ugly Cargo Account, whether or not you have authorised such activities or actions. You will immediately notify Ugly Cargo of any use of your Ugly Cargo Account.
As a Registered User, you may create Listings. To create a Listing, you will be asked a variety of questions about the Cargo to be listed, including, but not limited to, the Loading port, destination, dates, total cubic metres, maximum weight, max width and maximum height. In order to be featured in Listings via the Site, Application and Services, all Cargo must have these fields populated. Listings will be made to carriers available via the Site, Application and Services. Carriers will be able to offer a price for the shipment of Cargo via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Carrier makes an offers for transporting the Cargo, you may accept or reject this offer via the Site, Application and Services.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, Carrier's space, for Cargo in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as contracts or agreements, and (ii) will (a) be in compliance with all applicable laws. Tax requirements, and rules and regulations that may apply to any Cargo included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Ugly Cargo assumes no responsibility for a Shipper’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Ugly Cargo reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Ugly Cargo, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Ugly Cargo’s then-current Policies and Community Guidelines (at www.uglycargo.com), or otherwise harmful to the Site, Application or Services.
Once a shipper has placed a Cargo listing on Ugly Cargo you can only message through the Ugly Cargo messaging facility concerning that Cargo and by agreeing with these Terms both Shippers and Carriers cannot make offers outside the site, application or via any third party. Ugly Cargo reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Ugly Cargo, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you are a Shipper, you understand and agree that Ugly Cargo does not act as an insurer or as your contracting agent. If a Carrier requests a shipment of Cargo, any agreement you enter into with such Carrier is between you and the Carrier and Ugly Cargo is not a party thereto. Notwithstanding the foregoing, Ugly Cargo booking fee payable from both parties collection for the purpose of accepting an offer.
When you create a Listing, you may also choose to include certain requirements which must be met by the Registered Users who are eligible to place an offer of your Cargo, including, but not limited to, requiring Registered Users to have an email address and verified phone number, in order to book your Cargo. Any Registered User wishing to book Cargo included in Listings with such requirements must meet these requirements.
If you are a Shipper, Ugly Cargo makes certain tools available to you to help you to make informed decisions about which Registered Users you choose to confirm for booking your Cargo. You acknowledge and agree that, as a Shipper, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present with the Cargo at your request or invitation, excluding the Carrier (and the individuals the Carrier invites to the Cargo, if applicable.)
Ugly Cargo recommends that Shippers obtain appropriate insurance for their Cargo. Please review any insurance policy that you may have for your Cargo carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Carriers (and the individuals the Carrier invites to the Cargo, if applicable) while with your Cargo.
Ugly Cargo does not endorse any Registered User or any Cargo. You understand that any Images and documents are intended only to indicate a representation of the Cargo. Images are therefore not an endorsement by Ugly Cargo of any Registered Users Cargo. Registered Users are required by these Terms to provide accurate information, and although Ugly Cargo may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, Ugly Cargo do not make any representations about, confirm, or endorse any Registered User or the Registered User’s purported identity or background.
Any references in the Site, Application or Services to a Registered User being “verified” or “connected” (or similar language) only indicate that the Registered User has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Ugly Cargo about any Registered User, including of the Registered User’s identity and whether the Registered User is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. Ugly Cargo therefore recommend that you always exercise due diligence and care when deciding whether to make an offer with a Shipper or to accept an offer from a Carrier, or to have any other interaction with any other Registered User.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Registered Users or other third parties will be limited to a claim against the particular Registered Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Ugly Cargo with respect to such actions or omissions. Accordingly, Ugly Cargo encourage you to communicate directly with other Registered Users on the Site and Services regarding any bookings or Listings made by you.
"Carrier Booking Fee"
means the fee that Ugly Cargo charges a Carrier for the use of
its online platform, which is calculated as a flat rate fee of $500USD. The Carrier
Booking Fee will be displayed to the Carrier when the Shipper has accepted the Carrier’s
"Shipper Booking Fee" means the fee that Ugly Cargo charges a Shipper for the use of its online platform, which is a flat rate fee of $500USD. The Shipper Booking Fee will be displayed to the Shipper when the Shipper has decided to accept an offer from a Carrier.
"Booking Fees" means the Carrier Booking Fee and Shipper Booking Fee. “Cancelation Fee” means the fee for cancelling an offer. “Offer”means the cost the carrier will charge the shipper for shipping the goods. “Agreed Offer” means the Carriers Offer has been accepted by the shipper.
Bookings and Financial Terms for Shippers
The Shippers, not Ugly Cargo, are solely responsible for honouring any confirmed bookings and making available any Cargo offered through the Site, Application and Services. As a Shipper you will be required to either accept or reject offers made, otherwise the offer will be automatically cancelled. When a booking is requested via the Site, Application and Services, Ugly Cargo will share with you the name of the Carrier/s who has made offer/s, so you know who they are before confirming, messaging or rejecting the offer.
Ugly Cargo will collect the Shippers Booking Fees at the time of accepting an offer (i.e. when the Shipper confirms the offer) and once completed Ugly Cargo will notified the Carrier their offer has been accepted via the Site, Application or Services and direct the Carrier to pay the Carrier Booking Fee. For both Shippers and Carriers booking fees the payment method is with the use of third-party payment processors will be used, who may impose their own additional charges for the use of their services.
The offered amount agreed by the shipper from the carrier via Site, Application or Services is paid directly by the shipper to the carrier at their own terms and conditions and Ugly Cargo has no participation in organising the goods or payment.
Please note that Ugly Cargo does not currently charge fees for the creation of Listings. However, you as a Shipper acknowledge and agree that Ugly Cargo reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Ugly Cargo will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Booking fees can be found here
Bookings and Financial Terms for Carriers
The Shippers, not Ugly Cargo, are solely responsible for honouring any confirmed bookings and making available any Cargo offered through the Site, Application and Services. If you, as a Carrier, choose to enter into a transaction with a Shipper for the booking of Cargo, you agree and understand that you will be required to enter into an agreement with the Shipper and you agree to accept any terms, conditions, rules and restrictions associated with such Cargo imposed by the Shipper. You acknowledge and agree that you, and not Ugly Cargo, will be responsible for performing the obligations of any such agreements, that Ugly Cargo is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Ugly Cargo disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Ugly Cargo is not a party to the agreement between you and the Shipper,
As noted above, the Shipper is required to either confirm or reject the offer, otherwise the offer will be automatically cancelled.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to its third-party payment processor(s). You agree to pay Ugly Cargo booking fee for any confirmed bookings made in connection with your Ugly Cargo Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorise the collection of such amounts by charging the credit card provided as part of requesting the booking, indirectly, via a third-party online payment processor.
In consideration for the use of Ugly Cargo’s online marketplace and platform, Ugly Cargo charges the Total Booking Fees. Where applicable, Taxes (such as GST in Australia) may also be charged in respect of the Shipper Booking Fee and Carrier Booking Fee via, PayPal
General Booking and Financial Terms
Cancellations and Refunds
If, as a Carrier, you cancel an agreed offer and have been notified that the shipper has paid their booking fee via the Site, Application and Services, Ugly Cargo will charge the Carrier with a cancellation booking fee along with the Carriers booking fee if not already paid. Ugly Cargo has the right to limit the carriers account until the outstanding account balance has been paid in full.
If a Shipper cancels a confirmed booking made via the Site, Services, and Application, Ugly Cargo will charge the shipper a cancellation booking fee to be paid within a commercially reasonable time and Ugly Cargo will refund the Carrier their booking fee if paid. Ugly Cargo has the right to limit the Shippers account until account balance is cleared.
If, as a Shipper, you cancel a confirmed booking, Ugly Cargo may apply penalties or consequences to your Listing, including (i) publishing an automated review on your Listing indicating that an order was cancelled, or (ii) keeping the shippers home page read only, unavailable or blocked until the cancellation booking fee has been received by Ugly Cargo. You will be notified of the situations in which a cancellation booking fee applies before you decide to cancel.
In certain circumstances, Ugly Cargo may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services.
You agree that Ugly Cargo and the relevant Carrier or Shipper will not have any liability for such cancellations or refunds.
Payment Processing Errors
Ugly Cargo will take steps to rectify any payment processing errors that Ugly Cargo become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Tax regulations may require UGLY Cargo to collect appropriate tax information from our Registered Users.
You understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Ugly Cargo cannot and does not offer Tax-related advice to any Registered Users.
Where applicable, or based upon request from a Registered User, Ugly Cargo may issue a valid GST invoice to such Registered User.
Both Carriers and Shippers agree to cooperate with and assist Ugly Cargo in good faith, and to provide Ugly Cargo with such information and take such actions as may be reasonably requested by Ugly Cargo, in connection with any complaints or claims made by Registered Users or a representative of Ugly Cargo regarding use or abuse of the Site, Application or the Services.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
Ugly Cargo has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Ugly Cargo may access, preserve and disclose any of your information if Ugly Cargo are required to do so by law, or if Ugly Cargo believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Ugly Cargo or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Ugly Cargo , its users, or Registered Users of the public . You acknowledge that Ugly Cargo has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Registered User Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Ugly Cargo reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Ugly Cargo, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Ugly Cargo and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, Ugly Cargo may grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Ugly Cargo reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with the terms and conditions of these Terms, Ugly Cargo grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Ugly Cargo Content solely for your personal and non-commercial purposes and (ii) access and view any Registered User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ugly Cargo or its licensors, except for the licenses and rights expressly granted in these Terms.
Ugly Cargo may, in our sole discretion, permit you to post, upload, publish, submit or transmit Registered User Content. By making available any Registered User Content on or through the Site, Application and Services, you hereby grant to Ugly Cargo a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Registered User Content on, through, by means of or to promote or market the Site, Application and Services. Ugly Cargo does not claim any ownership rights in any such Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Registered User Content.
You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Registered User Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Ugly Cargo the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission or transmittal of the Registered User Content or Ugly Cargo’s use of the Registered User Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Ugly Cargo is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ugly Cargo of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
All trademarks, service marks, logos, trade names and any other proprietary designations of Ugly Cargo used herein are trademarks or registered trademarks of Ugly Cargo. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Ugly Cargo welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing UGLY Cargo at email@example.com or through the Contact section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Ugly Cargo and you hereby irrevocably assign to Ugly Cargo and agree to irrevocably assign to Ugly Cargo all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Ugly Cargo’s request and expense, you will execute documents and take such further acts as Ugly Cargo may reasonably request to assist Ugly Cargo to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Ugly Cargo respects copyright law and expects its users to do the same. It is Ugly Cargo’s policy to terminate in appropriate circumstances the Ugly Cargo Accounts of Registered Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Ugly Cargo may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Ugly Cargo Account. If Ugly Cargo exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Ugly Cargo Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Ugly Cargo Account, your Registered User Content, or receive assistance from Ugly Cargo Customer Service, (b) any pending or accepted future bookings as either Shipper or Carrier will be immediately terminated, (c) Ugly Cargo may communicate to your Carriers or Shippers that a potential or confirmed booking has been cancelled, (d) Ugly Cargo may contact other Carriers to inform them about potential alternate space for Cargo with other Carriers that may be available on the Site, Application and Services, and (e) you will not be entitled to any compensation for Offers (even Agreed Offers) that were cancelled as a result of a suspension, deactivation or termination of your Ugly Cargo Account. You may cancel your Ugly Cargo Account at any time via the “Cancel Account” feature of the Services or by sending an email to firstname.lastname@example.org. Please note that if your Ugly Cargo Account is cancelled, Ugly Cargo do not have an obligation to delete or return to you any content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT UGLY CARGO DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY REGISTERED USER, INCLUDING, BUT NOT LIMITED TO, CARRIERS AND SHIPPERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, UGLY CARGO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. UGLY CARGO MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY CARGO, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. UGLY CARGO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, CARGO, YOUR ACCRUAL OF UGLY CARGO TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM UGLY CARGO OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SHIPPERS OR CARRIERS. YOU UNDERSTAND THAT UGLY CARGO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY CARGO. UGLY CARGO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CARRIERS AND SHIPPERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY UGLY CARGO. NOTWITHSTANDING, UGLY CARGO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CARRIER OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR OFFER OF ANY CARGO VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF UGLY CARGO WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER UGLY CARGO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OR OFFERS OF ANY CARGO VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UGLY CARGO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL UGLY CARGO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY CARGO VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY CARGO OR INTERACTIONS WITH ANY OTHER REGISTERED USERS.
You agree to release, defend, indemnify, and hold Ugly Cargo and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Registered User Content; (c) your (i) interaction with any Registered User, (ii) booking of any Cargo, or (iii) creation of a Listing; and (d) the use, condition or transport of Cargo by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of Cargo;
You may not use, export, re-export, import, or transfer the Application except as authorised by Australian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: into any Australian embargoed countries; By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Cargo is located in a country that is subject to a Australian Government embargo, or that has been designated by the Australian Government as a “terrorist supporting” country and (ii) you are not listed on any Australian list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by Australian law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Ugly Cargo does not permit Listings associated with certain countries due to Australian embargo restrictions.
If you feel anyone is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Ugly Cargo by contacting UGLY Cargo with your police station and report number at email@example.com; provided that your report will not obligate UGLY Cargo to take any action beyond that required by law (if any) or cause UGLY Cargo to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Ugly Cargo and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Cargo made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Ugly Cargo and you regarding bookings or listings of Cargo, the Site, Application, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Ugly Cargo’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Ugly Cargo may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Ugly Cargo (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with the laws of the State of Western Australia and Australia, without regard to its conflict-of-law provisions. You and Ugly Cargo agree to submit to the personal jurisdiction of a state court located in Perth, Australia or an Australian District Court, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Ugly Cargo agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Ugly Cargo are each waiving the right to a trial by jury or to participate as a plaintiff or class Registered User in any purported class action or representative proceeding. Further, unless both you and Ugly Cargo otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The failure of Ugly Cargo to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Ugly Cargo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.