TERMS AND CONDITIONS
1. General information
(1) All goods and services resulting from this contractual relationship shall be subject to the terms and conditions that follow. Even if Urgent Freight Ltd sometimes does not expressly oppose the terms and conditions, they are not legally binding.
(2) At the conclusion of each settlement period, Urgent Freight Ltd has the right to change or add to these terms and conditions. The user will be made aware of the change by Urgent Freight Ltd via an obvious reference on the invoices sheet or in the Smart Digital Transport Solution. If the user does not protest to the modified terms and conditions immediately but no later than 5 days after being notified of them, it will be assumed that they have given their permission. Consent is presumed given in the case that the invoice is paid in full.
(3) The contract needs to be in written form for any clarifications, additions, or revisions to be valid. The Parties concur that when one party authorises a third party to use our Smart Digital Transport Solution, an other partner shall permit such user to receive and transmit reports of Urgent Freight Ltd.
(4) The designation used in this contract must be understood to relate to all versions (w/m/d) wherever individuals (such as users) are stated.
(5) We do not accept any responsibility for the accuracy, reliability, or legality of the Jobs and/or Transaction Agreements that are conducted over the Platform since we are not a transportation service provider, carrier, freight forwarder, broker, or middleman in any manner.
5.1 Each User is fully accountable and liable for their use of the platforms, for any acts conducted under their user names, and for any content they post.
5.2 The User is required to promptly notify our company of any security breach or suspected unauthorised use of their account, password, login information, or other details.
5.3 The User consents to using the Platform “as is” and undertakes not to:
5.3.a Use the Platform in any way that is, or that might be seen as, offensive, unlawful, or improper
5.3.b utilise their login information with the goal to pose as someone else
5.3.c Use automated systems to access the Platform so they can send more requests or messages to servers in a given amount of time than a human can.
5.3.d let anybody or anything to use their login information
5.3.e Re-register as a new User/Member
(6) Our platform is subscription-based and the user is free to pick options such as 1 month, 6 month and 12 month subscriptions but we can provide free test periods at our sole and absolute discretion. We do not take any commissions on the transactions between the transporters/ freight forwarders. Also, we try to verify all the business before we grant access to the user for the platform. Further, we invite individuals to join anyone who has something to move from A to B or even if someone is within the moving/ removals business.
2. Contractual Purpose
(1) Urgent Freight Ltd shall grant the user a licence to utilise a user platform in exchange for a fee to be paid on a recurring basis. The specific agreement will determine the licence’s scope. Urgent Freight Ltd has the option to give the user access to this user platform (hereafter: Smart Digital Transport Solution) through cloud-based software that doesn’t needs to be installed, an username and password and password combination, a web login, or an interface with the user’s current hardware and software environment. Servers with internet access that can only be accessible online will be used to run the Smart Digital Transport Solution on www.urgentfreight.co.uk
(2) If Urgent Freight Ltd offers the user software-based accessibility to the Smart Digital Transport Solution on www.urgentfreight.co.uk, it may do so at its discretion, such as through a offer or through the Apple® App Store®, Google Play®, etc. The user conducts the software independently and at his own risk; neither action is included in the service offered by Urgent Freight Ltd. Urgent Freight Ltd reserves the right to apply specific requirements for the structure of a password, to integrate private access with a user e-mail address to be given by the user, or to use local security mechanisms, such as the operating system of the user terminal’s existing authentication methods, if access approval is granted via a registration form with username and password or a web login.
(3) Users alone are responsible for choosing, purchasing, and using any necessary hard- or software, as well as any necessary remote data connections, at their own risk.
(4) So long as the main performance aspects are not constrained, Urgent Freight Ltd is free to alter its goods as part of their continued development and optimization.
(5) Through the Smart Digital Transport Soultion, Urgent Freight Ltd may notify the user of bids, messages received, or transactions. The right to set a cap on the volume of such messages and their duration of display and storage remains with Urgent Freight Ltd.
3. The usage right
(1) The right of use granted by this contract shall not be assignable to third parties or other branches and shall only implement to the individually agreed scope, such as for a specific number of individual single accesses (accounts), transactions, or an agreement volume of data in commercial service of the user per branch, self-employed or reliant activity. There can only be one concurrent use of the right to access a specific resource when utilising username, password, or web login, both in terms of the terminal and/or browser (competing licence).
(2) The right of use is limited to the regular course of business input and inquiry of trade-specific data. The data must be accurate and must be confirmed at Urgent Freight Ltd. In the absence of a legal requirement to keep them, modified or collected data must be erased. It is not permissible to use this information for the following activities or materials:
a) Unwanted communications like spam, bulk inquiries, general advertising, and offers.
b) Unlawful ends, inaccurate information, deceit, or misleading statements.
c) The violation of legal rights, including those related to people’s privacy, property rights, or intellectual property.
d) The setup of data gathering, particularly those that enable the creation of user profiles of other people.
e) Entering program code that affects how a device and this software functions.
f) Materials that, for instance, hinder, harass, or hurt Urgent Freight Ltd or 3rd parties, such as boycott calls, spam emails, stalker, threats, insults, defamation, racism, hate comments, injury to business, sexual remarks, or nudity.
g) Contents that the user is not authorised to transmit or that offend against public morality or applicable law.
(3) The Smart Digital Transport Solution data can only be obtained by using the export or print features that are already in place. It is necessary to obtain the written consent of Urgent Freight Ltd before automating the use of the Smart Digital Transport Solution, whether through an interface, third-party software, bots, scripts, or other tools that deviate from the norm of commercially available browsers like ChromeTM, Firefox®, or Microsoft Edge®.
(4) If doing so avoids or ends a breach of the law or good customs, Urgent Freight Ltd has the right to terminate a user’s connection to the Smart Digital Transport Solution as well as to delete information. The same rule applies if the user endangers the functionality of the program, an application, or the Urgent Freight Ltd Smart Digital Transport Solution in a technical sense.
(5) Urgent Freight Ltd will be released from its obligation to perform (“blocking”), but shall remain entitled to the consideration, if the user fails to comply with a legal agreement, in particular the obligation according to clauses 3 (1) or (2), clause 4 (1), clause 5 (2) or (4), or clause 7 (2) or (3), or if the user is in default with the solution of another contractual violation after a warning.
(6) Should a user culpably violate clauses 3 (1) or (2), 5 (2), (4), or (5) of the contract, they are obligated to pay a contractual fine that is equal to the agreed-upon charge for a full year. The burden of proof for less severe damage is with the user.
(7) The user must notify Urgent Freight Ltd of any change to the company that affects the firm or the company’s trade registration as soon as the user applies for the amendment. This includes changes to the legal structure or location as well as the departure or arrival of individuals with the power of attorney who are listed in the business and trade register.
3a. The application for the right to utilise corporate profiles
(1) If the user agrees, the company profiles program enables them to access the current company information of Smart Digital Transport Solution users.
(2) The user can also input information about his business for third party candidates to view and use as a resource in the Smart Digital Transport Solution. After producing their own extended company data, the users are given access to the extensive company data of third parties.
(3) The information is made available for use within the usual parameters of business operations. Under copyright law, it is illegal to copy the complete database or even only crucial portions of it.
(4) The data needs to be maintained with the most current data reasonably available. If Urgent Freight Ltd learns that the user’s information is inaccurate or incomplete, Urgent Freight Ltd may alert the user to the problem. The user authorises, but is not required to, Urgent Freight Ltd to correct or complete the information in the user’s profile and liability in accordance with the official data of the company or trade register if the user fails to update or correct the information within the following 7 days after receiving notification from Urgent Freight Ltd.
(5) Urgent Freight Ltd reserves the right to block the user’s data and access to the company profiles application if clauses (3) and (4) are violated.
(6) The chargeable contractual relationship can be terminated properly, declaring the grounds, by either Party by giving the other 14 days’ notice prior to the end of a calendar month. The chargeable contractual relationship begins with the signing of the licence agreement from both Parties or with the verification by Urgent Freight Ltd in text form. If neither party gives a timely notice of termination, the contract’s term of 1 month automatically extends by 1 month.
Applications for the right of use of freight and vehicle spaces are in 3b.
(1) The shipping and vehicle space research allows the user, with their consent, to enter offers for vehicle capacities and freight and to search in the given offers for international road transports.
(2) The submission must be filled out in plain writing with the right information in the corresponding input forms, without any additional blanks or characters that are only appropriate for emphasis. The right to automatically delete any data entered that does not meet these requirements and/or the requirements stated in clause 3 para. 2 is reserved by Urgent Freight Ltd.
(3) The chargeable working agreement begins when the licence agreement is signed by both Parties or when Urgent Freight Ltd confirms it in text form. Either Party may terminate the chargeable contractual arrangement properly, asserting the grounds, by giving the other Party 14 days’ notice before the end of a calendar month. If neither party gives a timely notice of termination, the contract’s term of 1 month automatically extends by 1 month.
Application for the right of use, routes, and expenses, in 3c.
(1) If both parties are in agreement, the routes and costs program enables the user to transfer information for map presentation and route calculation online. Like traditional maps, all map representations are dynamic and never entirely reflect the state of the world. As a result, Urgent Freight Ltd is not liable for ensuring the veracity of map displays and other data. The provision, processing, and display of data on the user’s behalf is the extent of Urgent Freight Ltd commitments.
(2) The routes & expenses application obtains its data and information from outside sources. In the event of faulty or delayed self-delivery, Urgent Freight Ltd thus maintains the option to withdraw from the contract, unless the user can show that Urgent Freight Ltd was at fault.
(3) The routes and costs program can prioritise destinations when based on the city names or inputted postcodes. This implies that it is feasible for different location names and various designations to appear in search results. The program’s ability to choose the target location automatically and appropriately is not the responsibility of Urgent Freight Ltd. The correctness or completeness of relevant data, such as postal codes, street address details, or other supplemental information, is not guaranteed by Urgent Freight Ltd. Modern technology dictates that maps are constantly prone to change. The accuracy of the map details, as well as their lack of mistakes and other attributes, are not guaranteed.
(4) Map content and related information (such as satellite pictures, toll information, traffic limits, POIs, etc.) are obtained from licensees. The maps, associated data, and functions are copyright-protected and the sole property of Urgent Freight Ltd and/or its licensees and partners. They are also covered by international agreements and other local laws in the nation where they are being used. Maps of the type used in Urgent Freight Ltd goods may be used by the user under a non-exclusive, non-transferable sublicense, but only for domestic (in-house) use by the user. These maps may not be copied, disassembled, extracted, altered, or used to create derivative works by the user. The user is not allowed to reconstruct, demolish, compile, or in any other way attempt to obtain the source code, source files, or overall design of these maps in any way, whether partially or entirely. The user is not permitted to utilise these products to run a business that offers services or for any other functions that include processing maps for use by other people or companies. No ownership rights are granted to the user; rather, full ownership of all such rights remains with the licensors. References to rights, source information, or an ownership clause may not be altered, hidden, or deleted.
(5) Urgent Freight Ltd reserves the right to raise the prices associated with chargeable licences to users in accordance if third-party suppliers raise the rates to Urgent Freight Ltd that were in effect when the contract was executed. Four weeks prior to the beginning of the month after receipt of the declaration, the price rise takes effect. The users seems to have an exceptional right of termination that can be used within two weeks after receiving notice of the price rise if the cost increase for using the routes and costs application reaches 10% in a calendar year.
(6) Urgent Freight Ltd holds the right, which it may exercise at its discretion, to change the capabilities and details of map displays and related extra functionalities at any time, as well as to extend, delete, and reclassify the map displays and data items. No obligation exists for Urgent Freight Ltd to deliver or carry out maintenance, troubleshooting, fixes (patches), updates, or improvements (upgrades).
(8) The contents and functionalities may not be used for sensing devices or for the automation of a vehicle’s own operations in an existing system of a vehicle.
(9) The chargeable contractual relationship begins when the licence agreement is signed by both Parties or when Urgent Freight Ltd confirms it in text form. Either Party may terminate the chargeable contractual relationship properly and on good cause by giving the other Party 14 days’ notice before the end of a calendar month. If neither party gives a timely notice of termination, the contract’s term of 1 month automatically extends by 1 month.
3d. Vehicle tracking application use rights
(1) The vehicle tracking application gives the user access, upon agreement, to the telematics functionality through which the user can upload to the Smart Digital Transport Solution (hereinafter: Upload) accessible radio or satellite-supported information of the vehicles, such as location data of the Global Positioning System (GPS), from available tracking devices, or sensor data of other vehicle systems, and have them displayed to himself and other users of the Smart Digital Transport Solution indefinitely. Similar to this, after the view has been permitted, the car tracking application enables the viewer to display similar data from the telematics systems in other users’ vehicles.
(2) If a user permits a viewer to show these data on the manufacturer in his car, the user is responsible for ensuring that the data are provided constantly and in compliance with cutting-edge technology for the duration of the agreed-upon time period. For the accurate and prompt delivery of data to Urgent Freight Ltd, the user bears primary responsibility.
(3) Unless authorization has been granted between 2 users of the Smart Digital Transport Solution within the context of the approval process described in the preceding paragraph 1, the use and data processing from telematics systems in third-party vehicles that are not continuously rented or leased by the user is prohibited.
(4) In particular, the use of telematics data is limited to coordinating the operations of detected cars and/or telematics systems in accordance with the goals specified for this type of service. It is not permitted to use real names when referring to the enabled telematics systems that are part of this service provider (e.g. the name of the driver).
(5) Before using the data, the user must inform everyone who has a telematics system about the consent Urgent Freight Ltd has granted for data processing, the kind of information analysed, the intent and timeframe of the processing, the companies involved in the information processing, and the option to stop the data transfer.
(6) Urgent Freight Ltd shall have the right to immediately cancel the relationship with the User in the event that the User violates any provisions of the relevant data protection legislation, including but not limited to the preceding paragraphs 4 or 5. The user agrees to defend and hold Urgent Freight Ltd unharmed from any claims resulting from or related to any failure to comply with the provisions of data protection legislation, particularly with respect to the preceding paragraphs 4 or 5.
(7) The chargeable contractual relationship begins when the licence agreement is signed by both Parties or when Urgent Freight Ltd confirms it in text form. Either Party may terminate the chargeable contractual relationship properly, stating the grounds, by giving the other Party 14 days’ notice before the end of a calendar month. If neither party gives a timely notice of termination, the contract’s term of 1 month automatically extends by 1 month.
3e. Application for the right of use in tenders
(1) The tendering application gives the user the option to submit proposals for a tender or, if agreed, put out to tender specific agreements in the logistics and transportation sector to a target group that he will choose (hereinafter: Bidder). The tendering application enables the user to define bids, gather, process, and transmit bids independently in advance of the signing of a contract.
(2) The tendering party’s entitlement to use the tendering application will begin whenever Urgent Freight Ltd receives payment on the first invoicing sent to them, or when they are given access to it by Urgent Freight Ltd.
(3) An invitation to tender is not a legally binding offer; rather, it is a call for bids, and it does not create an obligation to enter into a contract. The party soliciting bids is aware that a price quotation given applies solely to the service covered by the bid request. Only when the freight provider and the bidder make identical statements of purpose can a contract be made.
(4) For a month following the end of the call to tender, the bidders are obligated to stand by the offer they have filed.
(5) Urgent Freight Ltd retains the right to review bids submitted as part of the solicitation for up to two full working days from the date of entry, as well as bids submitted directly by bidders, for the reasons of legality, completeness, and conclusiveness. If an offer breaches the law, any governmental prohibitions, third parties’ property rights, or good morals, it will be deemed unlawful. If crucial elements of the contract, such as clauses requiring the acquisition of licences or permits for implementation, are absent, the offer shall be regarded as incomplete. If an offer is primarily promotional in character or pertains to a particular mode of transportation, it shall be judged inconclusive.
(6) Urgent Freight Ltd] shall have the right to delete, stop, or even not publicly release the offer from the tendering application but shall retain the right to the consideration if Urgent Freight Ltd determines, even after the fact, that the tendering company or bidder has not complied with paragraph 5.
(7) Urgent Freight Ltd retains the right to publish only tenders from companies with at least an average credit rating from a reputable credit reporting agency and for whom there are no known conditions that explicitly jeopardise the economic processing of the bids.
(8) Urgent Freight Ltd has the right to transmit offers in response to a bid invitation or to examine a bid invitation piecemeal in comparison to the amount of the claim already in existence for this bid invitation.
(9) Urgent Freight Ltd offers a dedicated section for technical inquiries from prospective bidders on a specific bid invitation. The right to extend the tender deadline by the amount of time that the answer period is extended over the course of one working day is reserved by Urgent Freight Ltd. Additionally, Urgent Freight Ltd reserves the right to delete any submissions that are in violation of clause 3 paragraph 2 among these Terms and Conditions.
(10) Any information or bids submitted by a user in connection with a request for proposals that Urgent Freight Ltd publishes or distributes via the tenders application are solely the user’s responsibility. Urgent Freight Ltd does not become a contracting party and does not guarantee the accuracy of this material or the performance of any contracts or legal agreements that result from it. The data and performance capabilities of the bidders are not guaranteed by Urgent Freight Ltd, particularly if they have been invited at the tenderer’s request.
(11) Urgent Freight Ltd reserves the option of deleting offers or not to forward offers from bidders if information is discovered that would specifically jeopardise the bidder’s effectiveness or outlaw performing the service that is being offered. Bidders who do not operate in their own name and on their own account may have their offers deleted or disregarded by Urgent Freight Ltd when they are forwarded.
(12) The chargeable contractual relationship begins when the licence agreement is signed by both Parties or when Urgent Freight Ltd confirms it in text form. Either Party may terminate the chargeable contractual relationship properly, stating the grounds, by giving the other Party 14 days’ notice before the end of a calendar month. As an alternative, the contract may be established by a specific agreement and terminate automatically at the end of the bid time without the need for a formal termination. The deadline for the bid invitation requires a separate termination; otherwise, the right of use under the pre-existing licence agreement will apply to the bidder who was requested to submit a bid by the tendering business.
3f. Application of the right of use to a warehouse
(1) The warehouse application gives the user the option to view and, if desired, offer warehouse capacities. Bids may be published using the Smart Digital Transport Solution, the website that is accessible to the general public.
(2) Outdated information must be deleted right away. The input must be filled out in plain writing with the correct information in the defined input fields, without any extra blank spaces or characters that are only appropriate for emphasis. The right to automatically delete any data entered that does not meet these requirements and/or the requirements stated in clause 3 para. 2 is reserved by Urgent Freight Ltd.
(3) The chargeable contractual relationship begins when the licence agreement is signed by both Parties or when Urgent Freight Ltd confirms it in text form. Either Party may terminate the chargeable contractual relationship properly, stating the grounds, by giving the other Party 14 days’ notice before the end of a calendar month. If neither party gives a timely notice of termination, the contract’s term of 1 month automatically extends by 1 month.
3g. The messenger’s right to use
(1) The messenger enables the user to send messages to other users who have registered for the function inside the Smart Digital Transport Solution, providing both parties are in agreement.
(2) The messenger should not be used as a substitute for other forms of public communication, and it is especially inappropriate for alerting the appropriate institutions or authorities to emergencies or other serious situations.
(3) Creating and maintaining a user profile is a requirement for use. Once the messenger is configured, the user can mark themselves as message-ready on the Smart Digital Transport Solution. The delivered messages’ content is exclusively the responsibility of the corresponding registered user. The opinions expressed in user messages are not those of Urgent Freight Ltd, nor does Urgent Freight Ltd endorse or adopt them.
(4) Urgent Freight Ltd cannot ensure that a communication will reach its intended recipient. The sender or receiver of a message may not always correspond with the person listed as the sender or recipient; vice versa.
(5) Urgent Freight Ltd reserves the right, but has no obligation, to review a user’s messages for compliance with telecommunications secrecy and, in the event of a violation of clause 3(2) of these provisions, to block such messages, as well as to withhold the user’s data or access to the messenger.
(6) By using the messenger, the user consents that any messages sent through the messenger may be saved on a server by Urgent Freight Ltd in accordance with telecommunications secrecy for a minimum of three months in order to be transmitted to the user selected and allow them to view the message.
(7) The user is solely responsible for complying with any requirement to keep records of correspondence. The user has access to a print function to enable completely separate retention for this purpose.
(8) The chargeable contractual relationship begins when the licence agreement is signed by both Parties or when Urgent Freight Ltd confirms it in text form. Either Party may terminate the chargeable contractual relationship properly, stating the grounds, by giving the other Party 14 days’ notice before the end of a calendar month. If neither party gives a timely notice of termination, the contract’s term of 1 month automatically extends by 1 month.
3h. The right of use – interfaces section
(1) Urgent Freight Ltd enables users to use interfaces to link their site’s current third-party systems with the Smart Digital Transport Solution.
If both parties are in agreement, the user’s current transport operating software system and the Smart Digital Transport Solution can exchange data via the freight exchange interface.
(1.2) The tracker interface enables the user, if approved, to exchange information with the Smart Digital Transport Solution using software that is installed on their computer. Telematics data is similarly subject to the tracking application’s data protection policies.
(1.3) The interface for transport orders enables, with the user’s consent, data transfer between the Smart Digital Transport Solution and a third-party system the user uses.
(1.4) The shipment tracking interface enables data sharing between the user’s current transport software management system and the Smart Digital Transport Solution, assuming both parties are in agreement.
(2) There is no graphic user interface. It might be necessary to consent to additional licensing in order to display the Smart Digital Transport Solution’s contents. The user is responsible for ensuring that everyone using the interface’s usage options has a licence and personal access to the Smart Digital Transport Solution of Urgent Freight Ltd. Persons are not permitted to use the interface or the Smart Digital Transport Solution or to be listed as a contact for a particular transaction without an approved personal access.
(3) It is the user’s obligation to link their current third-party systems to the interface and subsequently to the Smart Digital Transport Solution. The user can receive assistance from Urgent Freight Lts for this purpose by receiving a technical description of the product of the interface. This contract excludes the technical product description. Without prior technical knowledge of interfaces, the technical product description’s usefulness cannot be guaranteed.
(4) Urgent Freight Ltd plans to continuously evolve its interfaces, which could have an impact on the interfaces’ backward compatibility. Urgent Freight Ltd will consider the standard state of the art if the system has been further developed. When it is available, Urgent Freight Ltd will notify the user of the new interface version. Requests for the most recent technical specification of the interface will be sent by Urgent Freight Ltd.
The user must upgrade to the most recent version of the interface at least six months after receiving written notice from Urgent Freight Ltd.
(5) The user is solely responsible for establishing a link between their current third-party system and the interfaces, and subsequently to the Smart Digital Transport Solution. The technical requirements for linking his own third-party system to the altered interfaces must be created by him. Both parties concur to use a robust and low-maintenance implementation strategy for the interface. In order to minimise the adjustments, the user must do, Urgent Freight Ltd makes tweaks and updates to the interface as compatible as possible.
(6) Six months prior to the deactivation of the prior interface, Urgent Freight Ltd shall send a text message notifying the user of the change.
3i. Retaining and reserving the use of the “document management service”
(1) The user is given access to the “Document Management Service” (hereinafter: DMS) by the Smart Digital Transport Solution, upon agreement, via which he uploads his own papers and makes them viewable by other users. The right to impose limitations on the service in terms of the kind, quantity, and quantity of documents is reserved by Urgent Freight Ltd.
(2) The user’s uploaded documents will be kept in encrypted form in the UK. The authorised user can download data, but the person who uploaded the material retains ownership of the rights to this retrieval.
(3) A digital data archive is not a replacement for the DMS. In particular, Urgent Freight Ltd does not maintain an auditable record of the papers for an indefinite amount of time. Any retention requirements for messages shall be the exclusive responsibility of the user. The user must anticipate that the papers they have submitted will be removed without additional notice when their right of use expires.
The permission to use the “document management service” is item number 3.
(1) The user is given access to the “Document Management Service” (hereinafter: DMS) by the Smart Digital Transport Solution, upon agreement, via which he uploads his own papers and makes them viewable by other users. The right to impose limitations on the service in terms of the type, quantity, and quantity of documents is reserved by Urgent Freight Ltd.
(2) The user’s uploaded documents will be kept in encrypted form in the UK. The authorised user can download data, but the person who uploaded the material retains ownership of the rights to this retrieval.
(3) A digital data archive is not a replacement for the DMS. In particular, Urgent Freight Ltd doesn’t quite maintain an auditable record of the documents for an indefinite amount of time. Any retention requirements for messages shall be the exclusive responsibility of the user. The user must anticipate that the documents they have uploaded will be removed without further notice when their right of use expires.
(4) The chargeable contractual relationship begins when the licence agreement is signed by both Parties or when Urgent Freight Ltd confirms it in text form. Either Party may terminate the chargeable contractual relationship properly, stating the grounds, by giving the other Party 14 days’ notice before the end of a calendar month.
The contract has a one-month duration that automatically renews if neither party gives a timely notice of termination.
3j. Application of transport orders and the right of use
(1) The transport orders application enables the user, with the consent of the other contractual parties, to upload, process, send, and display declarations and documentation to assist the execution of a transport contract. The user can change forms, add comments to declarations, and essential structures in the Smart Digital Transport Solution for this purpose. The user may receive summaries of transactions to date from Urgent Freight Ltd.
(2) Additional contracting parties could include both Smart Digital Transport Solution users and new contacts made by the cargo provider. By sending documents or declarations, such an external contact won’t be able to utilise the Smart Digital Transport Solution on its own.
(3) Certain data might be contained in forms for technical reasons. The default configuration is not suggested by Urgent Freight Ltd. The user is responsible for adapting these facts to his needs. The language preferences of the customer in the Smart Digital Transport Solution might affect the headings and explanations within a form, which is why declarations between the sender and the receiver may vary.
(4) The user is aware that by providing consistent declarations about a transport’s fundamental components only within the transport orders app, an actual contract between the parties is concluded with the acknowledged rights and obligations.
(5) Users can get assistance from Urgent Freight Ltd to meet retention requirements. The data needed for the transaction can be gathered, saved, and processed by Urgent Freight Ltd for a period of up until 6monts . The user alone is responsible for adhering to any retention obligations. For this data, Urgent Freight Ltd offers an export feature so that the user can keep it separately. In compliance with clause 3.3 of these terms and conditions, Urgent Freight Ltd reserves the right to place a cap on the amount of memory that can be utilised to save transactions.
(6) The chargeable contractual relationship can be terminated properly, stating the grounds, by either Party by giving the other 14 days’ notice prior to the end of a calendar month. The chargeable contractual relationship begins with the signing of the licence agreement by both Parties or with the verification by Urgent Freight Ltd in text form. If neither party gives a timely notice of termination, the contract’s term of 1 month automatically extends by 1 month.
3k. Application for the right of usage and quote requests
(1) The quotation requests program allows the user the choice to submit a price for a bid or, if accepted, offer individual freight orders to an intended audience that he chooses (hereinafter: Freight Provider) (hereinafter: Bidder). The quote requests program enables the user to describe, handle, and submit bids and the financial department for specific freight orders.
(2) The target audience could consist of both Smart Digital Transport Solution users and outside contacts made by the freight provider.
(3) Urgent Freight Ltd retains the right to impose a cap on the number of potential bids for any freight order that is put out to tender. Also reserved is the right to set a deadline for Urgent Freight Ltd to deliver the goods.
(4) A freight proposition does not create a legal obligation for the formation of a contract; rather, it is merely a call for offers to be submitted. The provider of shipping services is aware that a price quotation specifically refers to the service that is the focus of its tender request. Only when the freight provider and the client make identical statements of purpose can a contract be made.
(5) The chargeable contractual relationship begins when the licence agreement is signed by both Parties or when Urgent Freight Ltd confirms it in text form. Either Party may terminate the chargeable contractual relationship properly, stating the grounds, by giving the other Party 14 days’ notice before the end of a calendar month. If neither party gives a timely notice of termination, the contract’s term of 1 month automatically extends by 1 month. The cargo service provider sent a bid invitation to a bidder, and upon the award of the contract to a single bidder, the right of use of that bidder terminated without the need for a separate termination of the right of use under the pre-existing licence agreement.
(1) The right to utilise the digital transport initiation entitles the user to transmit a pricing proposal and remarks to a provider of a shipping offer well within Smart Digital Transport Solution, if this is mutually agreed upon.
(2) The pricing proposal is calculated on the details in the offer and serves as the starting point for negotiations to conclude a particular forwarding contract. The plan will be subject to a committed time that will be determined, after which the parties will decide whether to resume negotiations if one has not already been concluded. The user is obligated to stick to their price suggestion during the allotted time. The receipt of a pricing proposal is not a binding agreement for the provider of a freight offer.
(3) Certain data might be contained in forms for technical reasons. The default configuration is not suggested by URGENT FREIGHT LTD. The user is responsible for adapting these facts to his needs. The language preferences of the user in the Smart Digital Transport Solution might affect the headings and descriptions within a form, which is why declarations between the sender and the receiver may vary.
(4) A legally binding agreement shall be reached in line with section 3j) if the Customer approves the proposal (Transport orders).
The right of use – tracking shipments (1) In the context of a transport order, the shipment tracking application enables the user, with the consent of other authorised users in the Smart Digital Transport Solution, to communicate detailed information on a shipment. Status updates, documents, GPS coordinates, and other data may also be recorded, updated, and shared for this reason. The user can make information about a shipment available for review to involved third parties.
(2) You might need to accept additional licences in order to use the program and display the Smart Digital Transport Solution’s contents.
(3) Urgent Freight Ltd is free to choose whether to show the user information about a shipment inside or outside the Smart Digital Transport Solution. Any shipment-related information that URGENT FREIGHT LTD, its affiliates, or third-party providers automatically offer based on the user’s information is not contractually obligated.
(4) Tracking shipments cannot replace an electronic information archive. For example, URGENT FREIGHT LTD does not keep the data on file in an auditable format indefinitely. The onus of compliance with any maintenance obligations shall rest entirely with the user. The user must prepare for the uploaded information to be removed silently when the right of use expires.
(5) The chargeable contractual relationship begins when the licence agreement is signed by both Parties or when Urgent Freight Ltd confirms it in text form. Either Party may terminate the chargeable contractual relationship properly, stating the grounds, by giving the other Party 14 days’ notice before the end of a calendar month. If neither party gives a timely notice of termination, the contract’s term of 1 month automatically extends by 1 month.
3n. The use-rights feature with ratings
(1) The Smart Digital Transport Solution’s ratings function enables a user to evaluate another user’s contractual performance once a transaction has been completed.
(2) If a sale is confirmed and not cancelled, both users may rate the transaction in relation to the other user. A rating must be submitted starting on the delivery date mentioned in the transportation order and continuing for up to 44 days beyond the end of the payment period, however no later than the 104th day following the delivery date. The corresponding rating is added to the user’s rating profile after the time limit has passed.
(3) Neither Urgent Freight Ltd nor the contents of the rating reflect the viewpoints of Urgent Freight Ltd in any manner, nor do they represent the opinions of the people who have given the individual ratings. Particularly, the guidelines of section 3 paragraph 2 of these GTC for legal and ethical interactions between parties shall be followed.
(4) Urgent Freight Ltd is free to choose the best format for the rating at its discretion, such as the number of stars that will be awarded for the service component’s quality, with 1 star denoting insufficient performance and 5 stars denoting excellent performance. It is up to Urgent Freight Ltd to choose the appropriate performance categories for ratings, such as adherence to contracts, communication, and accessibility, as well as particular qualities for contractors or customers of a transaction like punctuality, handling of the goods, provision of documents, or payment morale.
(5) Urgent Freight Ltd may display an average value of the submitted rates of a user in the Smart Digital Transport Solution to his company as soon as at least 5 transactions have been completed and scored. The display can be divided into multiple sections, such as an average of the performance categories that have been scored, a list of various evaluators, or ratings for customers or contractors. A user’s profile can show the ratings of at least one service element of a transaction.
(6) Each user has one opportunity to ask for the other user’s rating to be changed. Within seven days of receiving such a request for revision, the recipient may change their submitted rating. It cannot be changed after that point. A justification for the amendment request must be given. In the framework of the request for revision, a rating cannot be reduced.
(7) Urgent Freight Ltd typically does not modify or remove ratings unless any of the following situations arises:
– There is an enforceable court ruling requiring a user to adjust their rating but they have not complied with the requirement.
– The rating in question should really be removed from a shared transaction, according to both users involved.
– the user has undergone a major change, such as a change in management or ownership; – official restructuring, insolvency, or liquidation procedures, or a process resembling these actions, have been commenced. A rating may be temporarily removed from a user’s profile if the user can prove that legal action has been taken against the other party using the proper documentation, such as court certification of a file number.
(8) Urgent Freight Ltd may permanently prohibit a user’s ability to rate other users if they consistently breach the rules of this section.
4. The fee for use
(1) The use charge is payable upfront at the start of the term of use and must reach Urgent Freight Ltd by the third workday of the relevant time period at the latest. Additional services rendered by URGENT FREIGHT LTD are subject to prompt payment. Excluding the statutory requirements for SEPA payments, the user is responsible for paying all transaction fees. If not specifically stated otherwise, Urgent Freight Ltd is allowed to produce and send invoices electronically. The additional expense actually incurred shall be charged if the user fails to provide an appropriate email address for this purpose or requests to acquire a printed invoice with supporting documentation.
(2) Except in the case of uncontested counterclaims or counterclaims that have been deemed final and binding, the user does not have the right to offset or retain payments due to counterclaims.
(3) If a user who has received a discount from Urgent Freight Ltd for a specific billing period as a result of paying their licence price in advance cancels all or part of their contract before the end of that billing period, the discount will be retroactively revoked. The same holds true if Urgent Freight Ltd terminates you for significant reasons.
(4) Urgent Freight Ltd may, provided that no specific price guarantee was agreed upon for the applicable time, increase the agreed-upon licence price on an annual basis to a fair extent. By giving four weeks’ notice in writing, URGENT FREIGHT LTD will publish the price rise. The consumer has the right to end the contract within 14 days of the day the new pricing goes into effect if the rise in prices surpasses 5% compared to the same time last year. Any increase in price as described in this paragraph does not occur when a discount is not applied or when a specific time-limited arrangement expires. The power to raise prices may not be waived just because URGENT FREIGHT LTD does not use it one or multiple times. No price guarantee is given for the time period covered by the advance payment.
5. Independence, property rights, and discretion
(1) The user is given access to the Smart Digital Transport Solution alongside other users, without being given preference over other users, as a result of the licence. The interaction involving shippers, logistics service providers, freight forwarders, and transportation firms is neutrally mediated by Urgent Freight Ltd.
(2) This licence agreement specifically prohibits the utilisation of the operating system used in the Smart Digital Transport Solution (hereinafter: Software) for its own IT property rights, as well as the granting of sub-licences or the transfer to third parties of any data or utilisation possibilities obtained through the Smart Digital Transport Solution. Copyright protections are in place for the program, which is the legal property of URGENT FREIGHT LTD and its licensors. Additionally, they are safeguarded by international agreements and other federal laws in the nation where they are employed.
(3) URGENT FREIGHT LTD may incorporate open source software into its goods, which may be governed by its own licence terms. Upon request, Urgent Freight Ltd will give an outline.
(4) The user does not have the right to get regular advice about software technology, to receive updates or additional data carriers in the future, and, in particular, does not have the right to the source code or the ability to modify, reverse-engineer, or otherwise alter the program. It is forbidden for the user to use the software to create modified versions, new software innovations, or copies for the use of third parties, including other users. The written consent of extra licences must be obtained against payment of a charge for any use that goes beyond this, whether it be through copies, parallel or alternate usage on various workplaces, or even for the benefit of numerous trade companies and/or branches. The online login licence includes use of a single access from the authorised user’s registered residence.
6. Liability and warranty
(1) The Smart Digital Transport Solution is exclusively guaranteed to be usable to the extent agreed upon by Urgent Freight Ltd. Information found in product descriptions, brochures, and user guides provided by Urgent Freight Ltd are suggestions only. The company URGENT FREIGHT LTD disclaims any additional liability. Particularly, Urgent Freight Ltd disclaims all warranties regarding the veracity, accuracy, and completeness of the information entered by other users as well as the Smart Digital Transport Solution’s compatibility with the user’s IT infrastructure and any associated remote data connections. The user is aware that, given the state of the art, sophisticated online offers like the Smart Digital Transport Solution cannot always be error-free. Therefore, Urgent Freight Ltd cannot ensure that all errors will be caught.
(2) The creation of links and the content on external websites that may be accessed through links from the Urgent Freight Ltd homepage and platforms are not included in the contractual services. They also do not help to elaborate on the contractual service duties. Because the links or the pages that can be accessed through them are not regularly monitored, Urgent Freight Ltd disclaims any responsibility for their accuracy or content.
(3) Urgent Freight Ltd is not responsible for any harm caused by other users to one another, whether as a result of data loss, transmission errors, or other causes. Users who play dangerous software or program codes (viruses, trojans, worms, etc.) onto the Smart Digital Transport Solution or who transmit them through their offering attachments or specifications and cause them to proliferate are not held responsible by Urgent Freight Ltd. The user will be held directly responsible for not transmitting such malicious software.
(4) Urgent Freight Ltd is not a contractual partner, mediator, or messenger of a relevant declaration for a contract reached with the aid of the Smart Digital Transport Solution. As a result, Urgent Freight Ltd in no way guarantees the successful completion of the user-agreed contracts or the accomplishment of financial success. The user is responsible for carefully verifying the accuracy of the information and information sent to him by 3rd parties. Users’ messages posted or displayed through the Smart Digital Transport Solution do not reflect statements or opinions of Urgent Freight Ltd, nor does Urgent Freight Ltd endorse or adopt them. A message or notice issued through the Smart Digital Transport Solution is not guaranteed to reach its intended recipient or to be seen and read by the user to whom it is sent by Urgent Freight Ltd. A message or notice’s purported sender or recipient may not necessarily be the person who actually sends or receives the communication.
(5) The user holds Urgent Freight Ltd harmless from any liabilities arising from the user’s failure to utilise the Smart Digital Transport Solution in accordance with the terms of this agreement. Accordingly, Urgent Freight Ltd shall reach similar arrangements with other users and, if necessary (after the initial fulfilment of Urgent Freight Ltd’s claims for damages), assign any potentially valid damages claims against all other users to the user in order to pay damages.
(6) As soon as the data leaves [INSERT your Company’s area of influence], the user assumes all risk of data non-transmission or incorrect transmission.
(7) The restrictions or limitations of liability in this agreement for harm to the user do not apply in situations where
a) URGENT FREIGHT LTD or its proxies’ willful or flagrantly negligent causing,
b) the willful breach by URGENT FREIGHT LTD or its subjective agents of an essential contractual obligation that is to be granted in accordance with the meaning and purpose of the particular contract or whose fulfilment is necessary for the proper execution of the agreement and whose observance may be relied upon frequently,
c) URGENT FREIGHT LTD has no legal responsibility, for instance the Product Liability Act, a promise, or
d) The legal responsibility of URGENT FREIGHT LTD or its vicarious agents for harm to a person’s life, limb, or health.
(8) If the user is an independent contractor, Urgent Freight Ltd’s responsibility is restricted to the ordinary contractual damage anticipated at the time the contract is signed:
a) In the situations mentioned in paragraph 7(a) above, simple vicarious agents engaged in gross negligence,
b) in the instances mentioned in subparagraph (b) of paragraph 7 above, in the case of simple negligence.
In the cases of paragraph 7 lit. a) and b) above, Urgent Freight Ltd must therefore only be liable for the loss of data, programs, and their recovery as a result of using the Smart Digital Transport Solution to the extent that such loss could not be managed to avoid by the user through appropriate precautions, such as regular data backup.
(9) A component of the Smart Digital Transport Solution marked as “BETA” or “BETA version,” “prototype,” or “Urgent Freight Ltd” (a “BETA component”) is always incomplete in terms of daily use and, while it may also include major functions, may be subject to restrictions in terms of performance, compatibility, and stability because, according to experience, it may not have been thoroughly tested before being officially published or “released.” Because of this, Urgent Freight Ltd also offers BETA versions of the Smart Digital Transport Solution for purely experimental purposes, allowing users to contribute feedback that is crucial to the process. No guarantee can be made regarding the usefulness of the product or its absence of significant flaws. The user acknowledges that Urgent Freight Ltd is not accountable for any loss of earnings, system downtime, data loss, defects, or secondary damage originating from such faults. The user must perform a thorough backup of his local network, including all data, prior to installing and using a BETA element of the Smart Digital Transport Solution.
(10) The user is solely responsible for the use of his or her Smart Digital Transport Solution login and must refrain from any abuse, attempts to acquire unauthorised access to information either directly or indirectly through a third party, and interference with the Smart Digital Transport Solution’s systems. In certain circumstances, the user is responsible for paying all associated fees, including any charges that Urgent Freight Ltd incurs as a consequence of evaluating the facilities and/or any charges related to mistakes and flaws for which the user is accountable. The user must conduct all other pertinent cooperation performances immediately and without charge for Urgent Freight Ltd, especially if URGENT FREIGHT LTD requests it. The user must notify URGENT FREIGHT LTD without delay about access opportunities for unauthorised third parties, other recognized or suspected infringements of data security, or alleged claims of third parties against him or URGENT FREIGHT LTD by the user.
(1) Urgent Freight Ltd shall be entitled, but not obligated, to forward complaints with or without identifying the appellant to the impacted user or, after having heard and evaluating the complaint, to other users, if Urgent Freight Ltd learns that a user has abjectly violated its obligations under a freight contract, this contract, or any other applicable law (hereinafter: Complaint).
(2) The user against who the complaint is directed (hereinafter: person concerned) shall be required to give feedback in writing to Urgent Freight Ltd on the subject matter of the claim and to remedy the complaint, and at least to justify the possibly longer time required for the comment. This obligation shall be implemented immediately, but at the latest inside one week after receipt of the notification of the complaint.
(3) The affected Party is permitted, but not required, to ask the user to resolve the complaint within an additional week if he or she does not succeed in rebutting the accusation of a duty breach in the complaint. If this is not regarded as acceptable for Urgent Freight Ltd under the circumstances, the limited demand for remedy is not required.
(4) The interests of Urgent Freight Ltd are the only ones to benefit from the rights from the preceding paragraphs 2 and 3, as well as the right to blockage or termination. An obligation to the other users is excluded if Urgent Freight Ltd does not utilise these rights.
(5) Urgent Freight Ltd is under no obligation to investigate complaints that it receives.
(6) The user appoints a properly qualified contact number who has the power to decide on all contractual matters and to receive and submit declarations. The user’s company has the right, but not the obligation, to reject statements made by other individuals.
8. Unusual termination, licence duration, and general rules
(1) The length of the right to use shall be determined by the specific licence. Throughout a free test phase, a reciprocal immediate time of notice is required.
(2) If a party has a compelling cause to do so, they may cancel this agreement without giving notice. There must be a significant justification for an unusual termination by URGENT FREIGHT LTD, especially if:
a) the user experiences or is threatened with insolvency,
b) The user’s request to begin insolvency proceedings over their assets was denied, returned unanswered, or required to file an affidavit;
c) The user willfully violates clauses in such conditions and terms that endanger the contract’s intended outcome or give the user the right to limit access in line with paragraph 3 para. 4 or 5.
d) for a duration of more than fourteen days, the user is in arrears on a sum equal to an user fee for one month;
e) In connection to the status of the contract’s conclusion, the stakeholder relationships of the user’s firm change by 25% or more, or the user is legally addressed by another person.
f) The user, his legal counsel, or businesses connected to him compete with Urgent Freight Ltd.
(3) The right to use shall commence upon Urgent Freight Ltd’s and shall terminate concurrently with the termination of the contractual agreement.
(4) Upon termination of the Agreement, the User shall cease all use of the Smart Digital Transport Solution and shall immediately destroy all software received from Urgent Freight Ltd and implemented at the User, subject to the exclusion of all rights of retention. In the same vein, the user must stop delivering data to a potential agreed-upon interface moving forward.
(5) With the UN Convention on the International Purchase of Goods excluded, English and Welsh law shall be used.
(6) The invalidity of any one provision of these terms and conditions shall not affect the validity of the remaining provisions. A legitimate regulation that, to the extent practicable, corresponds with the purpose of the illegal provision shall take the place of the illegal provision.
9. Data security
(1) The user consents to the processing of his technical data by Urgent Freight Ltd for the purposes of his/her identity and attribution, data security, and improved data transmission. Based on the terminal device, this could include both anonymous data (such as the operating system, pixel density, browser, processor ID and speed, and physical memory) and potentially private information (such as IP and MAC addresses, device IDs, domain DNS, installation paths, user IDs, language settings, cookies, and telematics data).
The user’s name, title, email address, contact information, assignment to a user company, specified language skills, entries, messages, and information that the user provides access to 3rd parties in his account or when utilising the application possibilities of the Smart Digital Transport Solution are just a few examples of the personal data that Urgent Freight Ltd processes when the user sets up and uses the Smart Digital Transport Solution. URGENT FREIGHT LTD uses this information for the following reasons:
– Performing and maintaining the agreed-upon service
– Execution of the user-initiated transactions
– Identity verification of the client
– Ensuring adherence to these terms of usage
– The satisfaction of enforceable administrative or judicial requirements or legal duties.
In the absence of overriding interest of the processing authorities or legal storage responsibilities, the duration and objective of the specific contract determine the storage time for this data.
(2) The user affirms his agreement that Urgent Freight Ltd may handle his business data with the intention of contract conclusion and the contractual procedures and may receive information about them from reputable credit agencies.
(3) The user consents to Urgent Freight Ltd processing and sharing personal data with affiliates or partners in order to fulfil licence agreements or user-related service orders.
(4) The user has the right to request free information about the personal data that Urgent Freight Ltd has saved about him at any time. He also has the right to request that information be corrected or deleted, that processing of the data be limited, that processing be objected to, and, if the necessary conditions for data protection have been met, the right to view that information. Users may at any time submit inquiries about their rights, declare their revocation, or restrict how their personal data is used to
Name of your business Urgent Freight Ltd
The validity of the contract or the user’s payment commitments are unaffected by this revocation. The user is aware that Urgent Freight Ltd may no longer be able to further assist the use of the Smart Digital Transport Solution as a result of such revocation or limitation.
(5) It is up to the user to make sure that using the Smart Digital Transport Solution conforms with all relevant data protection laws. When using the Smart Digital Transport Solution to process data, the user agrees to abide by all applicable data protection regulations as set forth by applicable law. The user holds Urgent Freight Ltd harmless from any claims arising out of or connected with any violation of data protection, contractual, or other legal requirements.
Last Updated: 01 December 2022