Terms of Service
1. Preamble & Definitions
Truckplease.com is owned and operated by Truckplease Web Inc. (referred to in these Terms of Services as "Truckplease" or "Us" or "We" or the possessive "Our" as applicable). These terms of service ("Terms of Service" or "Terms") form a binding legal contract that govern the relationship between TruckPlease.com (the " Website") and you ("You", "User", "Users", "Yourself", and the possessive "Your" as applicable).
If You are using the Website on behalf of a company, entity, or organization (collectively, a "Subscribing Organization") then You represent and warrant that You: (i) are an authorized representative or agent of that Subscribing Organization with the authority to bind such a Subscribing Organization to these Terms; (ii) have read the foregoing terms; (iii) understand these terms, and (iv) agree to these terms on behalf of such Subscribing Organization.
1.2 Definitions and Interpretation
In these Terms the following words shall have the following meaning:
"Clients" means individuals seeking or obtaining Services through the Website;
"Materials" means Truckplease's Website, trademarks, copyrights, patents, trade secrets, designs, logos, graphics, images, Website visual interfaces, graphics, images, logos, designs, compilations, information, computer code (including source code or object code), products, software of the Website strategies, ideas, and any other elements used on the Website or Truckplease property used to deliver the Services;
"Movers" means individuals or Subscribing Organizations offering or providing Moving Services through the Website;
"Moving Services" means services offered through the Website for the moving of any materials from one location to another and is a Service;
"User" or "Visitor" includes Clients and Movers and means visitors to the Website;
"Services" means products and services available through the Website including without limitation the "Moving Services";
"Website" means the Website located at http://www.truckplease.com, the features, products, and Services available on the Website, Our brands, trademarks, and copyrights and other intellectual property found on the Website;
The headings in these Terms are for convenience only and shall not affect its construction or interpretation.
1.4 References to Clauses
A reference to a "Clause" or a "Paragraph" is a reference to a clause or a paragraph in these Terms unless otherwise stated.
1.5 Singulars and Plurals
Words importing the singular include the plural and vice versa.
Words importing a gender shall include all genders.
1.7 Types of Users
The Website can to be used by two types of Users:
1. Clients; and
A User can be either a Client or Mover or both depending on how the User uses the Website and different terms and conditions of these Terms may apply to different Users depending on the nature of such use.
2. Description of Services as Third Party Facilitator
The Website is an online service specializing in connecting individuals requiring Moving Services with individuals who are willing to provide such services. The Website allows Clients to post advertisements seeking Moving Services, which may be viewed and responded to by Movers, allowing the parties to enter into contracts for these services.
Movers and Clients must reach their own agreements regarding Moving Services advertised on the Website. While Truckplease may provide certain information such as User profiles, User-generated ratings, moving distances and pricing information on the Website this information is provided for informational purposes only. Truckplease acts solely as an intermediary and is not a party to any contracts between Users, including between Movers and Clients.
3. User Obligations
3.1 Your Obligations
By visiting the Website or using the Services, You agree that You shall:
ee. expressly waive and release any and all rights and benefits provided pursuant to section 1542 of the Civil Code of the State of California, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor," and further waive and release any and all right and benefits provided by similar statutory provision in any other jurisdiction;
ff. waive any right to a participate in a class action against the Website in any jurisdiction where such waiver is possible;
gg. waive any right to participate in a trial by jury against the Website in any jurisdiction where such waiver is possible;
hh. release Truck Please and its directors, officers, employees, agents, representatives, subsidiaries, joint ventures, and affiliates from any liability arising from any dispute arising and also from any responsibility for resolving such a dispute;
ii. release TruckPlease and its directors, officers, employees, agents, representatives, affiliates, partners, and licensors from any liability in relation to correspondence or transactions between You and any third party made through the Website;
i. be construed as unlawful, threatening, harmful, abusive, stalking, tortuous, defamatory, libelous, vulgar, hateful, obscene, offensive, racially, ethnically, or otherwise objectionable,
3.2 User Accounts
Each User may only create one Mover and one Client account on the Website unless otherwise approved by Us. The creation of multiple Mover or Client accounts without prior permission from Us by a single User may result in the suspension, termination, or deletion of all accounts connected to the User acting in breach of this term.
Truckplease reserves the right to suspend, terminate or delete a User account for breach of any of these terms.
By using the Website you agree and acknowledge that Truckplease reserves the right to investigate violations and suspected violations of the Terms, including cooperate with law enforcement agencies and disclose Your personal information to such law enforcement agencies where necessary.
By using the Website You agree and acknowledge that Truckplease is under no obligation to investigate violations or suspected violations of the Terms, or other User behavior, but reserves the right to do so.
You agree to release Truckplease and its owners, directors, officers, agents, and employees of all and any liability resulting from any damage, harm, or injury suffered as a result of the termination, suspension, or deletion of Your accounts resulting from Your breach of any Terms.
4. Client-Mover Transactions
Truckplease is a third party facilitator of Moving Services and not a party to any agreements between Users. By using the Website you acknowledge and agree that We will not assume any responsibility for ensuring payment is made for any Services obtained through the Website, and We will not resolve any payment disputes between a Client and Mover. You also acknowledge and agree that TruckPlease makes no representations, guarantees, or warranties regarding the existence of a refund policy or any other terms in any contracts entered into between Users of the site whether those contracts are made separately between Users or deemed to have been created through the Website.
5. Intellectual Property
5.1 Ownership of Website Materials
Unless otherwise stated, the Website, Services, and Materials are protected by Canadian, United States, and international copyright law and conventions, and all other relevant intellectual property and proprietary rights laws.
Except for any User generated content on the Website, all Materials generally are the sole property of Truckplease or its subsidiaries or affiliated companies and/or third-party licensors. Except as expressly authorized by Truckplease, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all of Our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that We may have related to this Website, its materials and contents and Services that may be provided through this Website. By making this Website and Services available to You, Truckplease is not providing You with any implied or express licenses or rights other than those expressly stated in these Terms.
Any feedback You provide Us, including, but not limited to, suggestions, comments, ideas, and recommendations, becomes the property of Truckplease upon its receipt by Us.
Some products or company names and devices, logos, icons, graphics, or designs published on this Website are the property of their owners and are exhibited only in such a manner as is intended to be a benefit to their owner. We intend no infringement of these property rights.
5.2 User License
We grant Users a limited, non-exclusive, non-transferable license to view, download and print any content over which We hold intellectual property rights for your personal and non-commercial purposes. Users have no right to sub-license any such content.
No licenses or rights are granted to you, by implication or otherwise, in or to any intellectual property rights owned or controlled by Truckplease or its licensors, except for the licenses and rights expressly granted in these Terms.
5.3 User Generated Content and Data
5.3.1 "User Data" means all data submitted, stored, posted, displayed, transmitted, or otherwise used by You in connection with Your use of the Website or Services.
By posting any content including without limitation User Data on this Website ("User Content"), You grant (or warrant that the owner of such rights has expressly granted) to Truckplease the perpetual, exclusive, worldwide, sub-licensable, royalty-free and fully paid licence to use any or all of the User Content posted, in its original or edited form, in books, Internet websites, emails, tweets, social medial platforms, newspapers, articles, commentaries or in any other medium now known or later developed. You also warrant that You own, or otherwise control, all of the rights to the User Content and User Data posted and that the public posting and use of such User Content by Truckplease will not infringe the rights of any third party. You further warrant that You waive any 'moral rights' in posted User Content or that those moral rights have been waived by the author of the User Content before it was posted. Unless otherwise stated, You are not entitled to any compensation for any User Content posted on this Website or for Truckplease's use thereof pursuant to the license set forth above. You further assign to Us the right to remove, delete, hide, move, modify for content, quote, or edit any post, submission, or other User Content You contribute to the Truckplease website.
By using the Website You agree not to post, share, provide, distribute, upload, or sell to Truckplease any content or User Data which is not Your property or for which You do not have copyright, except where You have received express permission from the owner or copyright holder. In the event that You post, share, provide, distribute, upload, or sell any Content which is not Your property or for which You do not have copyright, You agree to indemnify Us for any resulting damages, injury, costs, loss, or harm suffered including attorney's fees and court costs.
5.3.2 Mover Content. Movers may upload content to the Website, including but not limited to images of the vehicle the Mover will use when providing the Services (" Mover Content"). Mover Content is User Content and subject to these Terms of Service accordingly.
5.3.3 Modification of Mover Content. Truckplease reserves the right to modify the Mover Content. The following is a non-exhaustive list of modifications that may be made to the Mover Content:
· the removal of any personally identifiable information (ex: license plate numbers or home address numbers);
· the addition of Our Website name and address;
· the removal of third party logos or marks;
5.3.4 "Modified Mover Content" means Mover Content modified by Truckplease. Modified Mover Content is separate and distinct from the original Mover Content submitted, posted, or shared by Movers. Truckplease owns all intellectual property rights in and to the Modified Mover Content. Movers shall have a non-exclusive, royalty-free, revocable, assignable, licence to use, repost, distribute, and display the Modified Mover Content associated with their Mover Content subject to Our use and these Terms, and conditions. Users shall not have the right to and shall not modify any Modified Mover Content.
5.4 Removal of Content
We reserve the right to remove User Content and any other content from the Website for any reason at our sole discretion without warning. Do not use the Website as Your primary means of storing your images and content. By using the Website, You agree to release Us of all liability arising from any harm, injury, costs or damage suffered as a result of the removal, suspension, or deletion of User Content or any other content from the Website.
5.5 DMCA and Copyright
Truckplease respects the rights of copyright holders and will quickly respond to any claims of copyright infringement reported on our Website. If you find anything on our Website that you believe infringes Your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement using a Digital Millennium Copyright Act (DMCA) notice. To do so, please provide Us with the following information:
1. Identification of the copyrighted work that You claim has been infringed;
2. Identification of the allegedly copyright infringing content on our Website that you desire to have removed or disabled;
a. Include the URL that points to the allegedly copyright infringing content; or
b. Include a description of where to find the allegedly copyright infringing content;
3. Your contact information including name, address, email address, and phone number;
4. A physical or digital signature of the true copyright holder or their authorized representative;
5. A statement by you that you have a good faith belief that the use of the allegedly copyright infringing material is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you that the information in the DMCA Notice is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
Please send any DMCA notices to Us at:
We reserve the right to remove allegedly copyright infringing content without notice and without liability to You. We reserve the sole discretion to suspend, terminate, ban, or delete any User account associated with or connected to any copyright infringing activities or behaviors and You agree that Truckplease is not liable to You for any harm, injury, loss, or damage suffered should such an event occur.
6. Website Security
Truckplease endeavors to protect your Personal Data and User account from security breaches. However, we cannot guarantee the safety of your Personal Data or User account. By using Truckplease, you agree to release Us from all and any liability for any harm, injury, or damage suffered by You, or the Subscribing Organization you represent, as a result of a security breach, failure or short coming of Truckplease. You agree to use our Website at your own risk.
By using this Website you agree to notify us immediately if you believe that a security breach is occurring, or will occur.
You are solely responsible for creating a strong password and protecting it. Never share Your password with anyone. By using this Website, You agree to release Us of all and any responsibility or liability for any harm, injury, or damage suffered by You, or the Subscribing Organization you represent, as a result of the disclosure of Your password, unauthorized access to Your Truckplease account or Your breach of these Terms.
7. Social Sign-In
8. User Representations and Warranties
8.1 One User Per Account
By using the Website and/or the Services You warrant that You are the person named in the Client or Mover account You are using. Only You can use Your account and accounts are non-transferable.
8.2 Compliance with Local Laws
By using the Website and/or the Services You warrant that Your use of this Website and Service does not break any applicable laws in your local jurisdiction.
8.3 Age of Majority
By using this Website and/or the Services You affirm that you are age 18 or older. This website is not intended for individuals of age 17 and under. If you are 17 years old or younger, do not use this website.
Upon registering as a Mover on the Website You affirm that you are the age of majority where you reside and are competent to enter into a contract with Truckplease. If you are below the age of majority where you reside you affirm that your legal guardian has registered the Mover account and has entered into a contract with Truckplease and accepted these Terms.
By using this Website You affirm that you are competent to enter these Terms, as well as enter into the conditions, representations, warranties, and obligations provided in these Terms, and further agree that You will comply with and follow these Terms.
9. Disclaimers and Waiver of Liability
9.1 General Disclaimers
BY USING TRUCKPLEASE AND ITS RELATED SERVICES YOU AGREE TO DO SO AT YOUR OWN RISK. THE PRODUCTS, SERVICES, AND WEBSITE AND ALL RELATED USES, CONTENT, AND MATERIALS ARE PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND ARE PROVIDED ON AN "AS IS" BASIS. WITHOUT LIMITING THE FORGOING, TRUCKPLEASE AND ITS RELATED SERVICES ARE PROVIDED WITHOUT IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT TRUCKPLEASE AND ITS RELATED SERVICES WILL FUNCTION WITHOUT ERRORS OR DOWNTIME. BY USING OUR WEBSITE, YOU AGREE THAT TRUCKPLEASE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, ARE NOT LIABLE FOR ANY LOSS, HARM, DAMAGE, COST, OR INJURY SUFFERED IN CONNECTION WITH USING, OR THE INABILITY TO USE, OUR WEBSITE, PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS, MALICIOUS ATTACKS, OR DOWNTIME WHICH AFFECT OUR WEBSITE'S SERVICE. BY USING OUR WEBSITE YOU AGREE THAT TRUCKPLEASE IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, MATERIALS, OR CONTENT SHARED BY USERS. TRUCKPLEASE IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES. YOU AGREE TO USE TRUCKPLEASE PRODUCTS AND SERVICES AT YOUR OWN RISK AND YOU ASSUME ANY AND ALL LIABILITY FOR ANY HARM, INJURY, LOSS, COSTS, OR DAMAGES SUFFERED AS A RESULT OF USING TRUCKPLEASE PRODUCTS OR SERVICES.
FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRUCKPLEASE AND THIS WEBSITE MAKE NO WARRANTIES, REPRESENTATIONS, ENDORSEMENTS, OR GUARANTEES RESPECTING THE PRODUCTS, SERVICES, AND ADVICE PROVIDED BY MOVERS, THE SKILLS OR CREDENTIALS OF MOVERS ESPECIALLY WITH RESPECT TO THE QUALITY, SUFFICIENCY, LEGALITY OR APPROPRIATENESS OF SUCH PRODUCTS, SERVICES OR ADVICE. IT IS YOUR EXCLUSIVE RESPONSIBILITY AS A CLIENT TO CONDUCT SUFFICIENT DUE DILIGENCE ON MOVERS TO ENSURE THAT MOVERS YOU ENGAGE HAVE THE SKILLS, TOOLS, KNOWLEDGE AND EXPERIENCE TO OFFER THE SERVICES FOR WHICH YOU ARE ENGAGING THEM AND ARE SUFFICIENTLY INSURED TO COVER ANY DAMAGES TO PROPERTY OR INJURY TO OR LOSS OF LIFE IN CONNECTION WITH SERVICES THEY OFFER YOU. YOU USE THE SERVICES AT YOUR OWN RISK.
FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TRUCKPLEASE AND THE WEBSITE MAKE NO WARRANTIES REPRESENTATIONS, ENDORSEMENTS OR GUARANTEES TO THE EFFECT THAT THE WEBSITE OR SERVICES PROVIDED ARE LEGAL IN YOUR JURISDICTION. IT IS YOUR RESPONSIBILITY TO ENSURE THAT SERVICES ARE LAWFULL IN YOUR JURISDICTION AND YOU AGREE NOT USE THE SERVICES OFFERED ON THE WEBSITE WHERE UNLAWFUL.
9.2 Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUCKPLEASE AND ITS OWNERS, DIRECTORS, EMPLOYEES, OFFICERS, CONSULTANTS, AGENTS, LICENSORS, SPONSORS, REPRESENTATIVES AND ASSIGNS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DAMAGES OR LOSS TO PROPERTY, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TRUCKPLEASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) YOUR USE OF THE WEBSITE;
(ii) YOUR USE OF SERVICES, PRODUCTS OR ADVICE RETAINED THROUGH THE WEBSITE;
(iii) THE INABILITY TO USE THE WEBSITE AND/OR THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE DUE TO ANY CAUSE;
(iv) THE COST OF PROCUREMENT OF SUBSITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(vii) ANY OTHER MATTER RELATING TO THE SERVICE.
FURTHERMORE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRUCKPLEASE AND ITS OWNERS, DIRECTORS, EMPLOYEES, OFFICERS, CONSULTANTS, AGENTS, LICENSORS, SPONSORS, REPRESENTATIVES AND ASSIGNS WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL OR EXEMPLARY DAMAGES ARISING FROM SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION DAMAGES OR LOSS OF PROPERTY, OR INJURY OR DEATH CAUSED AS A RESULT OF MOVING SERVICES OBTAINED THROUGH THE WEBSITE.
9.3 Third-Party Limitation of Liability
Except for a party's liability arising from any willful misconduct, or fraud of another party, no party shall be liable for any loss of use, interruption of business, lost profits, damages resulting directly or indirectly from conduct of any third party on the Website, or any indirect, special, incidental, or consequential damages of any kind regardless of the form of action whether in contract, tort (including negligence), strict product liability, or otherwise even if it has been advised of the possibility of such damages.
The limitations on liability set out in these Terms shall be in addition to and not in replacement or derogation of those limitations on liability set out in any other agreement between some or all of the parties to these Terms.
9.4 Third Party Website, Links, & Services
Our Website or Services may contain links to other third party websites, services, products, or content that is not owned, controlled or licensed by Us. We make no endorsements, representations, guarantees, or warranties with respect to any third party websites, services, products, or content. If you click-through on any link posted on Truckplease, You do so at your own risk and agree that Truckplease (including its owners, directors, officers, agents, and employees) are not liable in any manner for any harm (including emotional harm), injury, cost, damage, or loss you may suffer as a result of doing so.
By using our Website or Services, You agree to indemnify Truckplease and its owners, directors, officers, employees, agents, representatives, consultants, licensors, suppliers, successors, and assigns from and against any and all claims, proceedings, suits, disputes, demands, liabilities, costs (including legal and accounting fees), damages, losses, expenses, and injuries arising from:
a. any action You take or fail to take, including but not limited to torts, civil wrongs, or criminal wrongs You commit, facilitate, or participate in while using our Website or Services;
b. Your violation of these Terms;
c. Your violation of an applicable law or regulation;
d. Your violation of any rights of a third party, including but not limited to the rights of other Users, and
e. Your misuse of the Website or Services.
11.1 Severability and Waiver
If any of the provisions of these Terms is found to be inconsistent with any applicable law, then such provision shall be interpreted to reflect the intentions of the Parties in accordance with the applicable law, the remainder of these Terms shall remain in force, and no other provision will be modified except where necessary. Truckplease's failure to enforce any provision in these Terms is not a waiver of that provision.
The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability, and general provisions shall survive any termination or modification of these Terms.
11.3 Modification of Terms
Truckplease may assign these Terms in part or in their entirety without Your consent. These Terms are personal to You and You may not assign Your rights or obligations under these Terms to anyone.
Truckplease may give You notice in connection with these Terms to Your email address on record in connection with Your User account information. You must give notice to Truckplease in connection with these Terms (such notice deemed given when received by Truckplease) by email-to-email address.
11.6 Force Majeure
Truckplease shall not be liable to You for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond its reasonable control. If the force majeure continues for more than thirty (30) calendar days, then either party may terminate the Agreement for convenience upon written notice to the other party.
You agree that these Terms and any dispute arising out of Your use of Truckplease or its products or services shall be governed and construed in accordance with the laws of British Columbia and Canada as applicable without regard to its conflict of law provisions.
In the event of any controversy or claim arising out of or relating to Your use of the Website or Our products or services, or these Terms or a breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to research a satisfactory solution. If they do not reach settlement within a period of thirty (30) days, then, upon notice by any party to the other, any unresolved controversy or claim shall be finally settled by arbitration administered by the British Columbia International Commercial Arbitration Centre in accordance with the provisions of its Rules. The number of arbitrators shall be one (1) and the place of arbitration shall be Vancouver, British Columbia. This provision shall not prevent Truckplease from seeking or obtaining equitable relief in a court of law.
11.9 No Joint Venture
The entirety of Our relationship with You and vice versa is set out in these Terms and is subject to modification only by written agreement between Us and You. For further clarity, absolutely no employment, partnership, joint venture, representative, or agency relationship exists between Us and You as a result of this TOS or for any other reason.
11.10 Entire Agreement