Terms of Use

TERMS OF USE

Last updated on: June 14th, 2024
IMPORTANT: PLEASE READ THIS BEFORE ACCESSING OUR WEBSITE AND MOBILE APPLICATION
1. Information Our Lawyers Want You to Read

(a) 002801553 Ontario Inc. o/a FREIGHTNAV (“FN”), a corporation incorporated under the laws of the Province of Ontario, owns and maintains the website, FREIGHTNAV.COM (the “Website”) and freightnav-app.com (the “App”) (collectively the “Platforms”). The Platforms are used for the purpose of planning, tracking and the logistics of shipping and freight services. FN is in the business of creating, maintaining and providing consulting services on the website applications, mobile applications and responsive websites, user experience (IA, prototyping and testing), development (front and back-end web development, database design and development) and strategy (research, planning, consultation). The Platforms are for the following parties: “Carriers”, being freight companies that physically transport or carry the freight (or materials generally) on behalf of the Shippers (as defined below). As used herein, “Shippers” mean cargo owners, the person or entity who arranges for the delivery of cargo, the person or entity to whom delivery is to be made, and/or the person or entity who accepts responsibility for payment of all charges applicable for shipment of cargo made on their account. As used herein, “Drivers” refers to any person that operates the truck for the purposes of transporting cargo.

In these Terms of Use, the terms “we”, “us”, and “our” refer to FN, and the terms “you” and “your” refer to the user of our Platforms. These Terms of Use apply to all users of the Platforms. By using our Platforms, you expressly agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use our Platforms.
BY USING OR ACCESSING OUR PLATFORMS, YOU AGREE TO THESE TERMS OF USE WHICH FOR CLARITY INCLUDES THE TERMS ATTACHED IN THE SCHEDULE HERETO. BY USING OR ACCESSING OUR PLATFORMS, YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU ARE (i) ENTERING INTO THESE TERMS OF USE FREELY AND WITHOUT COERCION AGREEING TO BE BOUND BY ALL OF THE TERMS HEREIN; AND (ii) CERTIFYING THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FN AND ARE FULLY ABLE TO ENTER INTO THESE TERMS OF USE AND ABIDE BY THE TERMS CONTAINED HEREIN. IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY TO THE TERMS HEREIN. YOUR ACCEPTANCE OF THESE TERMS OF USE CREATES A VALID AND BINDING LEGAL AGREEMENT BETWEEN YOU AND FN ENFORCEABLE ON THE TERMS CONTAINED HEREIN. UPON THE DATE OF ACCEPTANCE BY WAY OF ACCESSING OR USING OUR PLATFORM, THIS DOCUMENT WILL CREATE A LEGAL AND BINDING AGREEMENT AND OBLIGATION ON THE CUSTOMER (THE “EFFECTIVE DATE”). FN RESERVES THE RIGHT TO UPDATE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ARE ALSO BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS OF USE TO WHICH YOU ARE BOUND. THE MOST CURRENT VERSION OF THE TERMS OF USE MAY BE ACCESSED BY CLICKING ON THE “TERMS OF SERVICE” OR “TERMS OF USE” HYPERTEXT LINK LOCATED AT THE BOTTOM OF THE PLATFORMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE PLATFORM.

We reserve the right to refuse access to the Platforms to anyone for any reason and at any time, in our sole discretion.
Any material in the Platforms is provided for general informational purposes only and should not be relied upon or used as the sole basis for making personal decisions. You acknowledge and agree that any reliance on the Platforms or any material contained therein is at your own risk and you expressly assume such risk.
You acknowledge that the Platforms and all of its components are regularly updated and developed and may change from time to time in our sole discretion. We reserve the right to change these Terms of Use from time to time without notice to you. Any such changes will be effective as of the date we post the revised version of these Terms of Use. Your continued use of the Platforms after we have posted the revised Terms of Use constitutes your express agreement to be bound by the revised Terms of Use.
Any and all payment terms are outlined in Schedule “A”, which are subject to change at any time in FN’s sole discretion.

2. Accuracy and Completeness of Information
While FN attempts to provide accurate information on its Platforms, FN makes no warranties or representations as to the accuracy, correctness, completeness, reliability or otherwise with respect to any information on its Platforms, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Platforms.

3. Modification of Platforms

The Platforms are subject to change without notice to you. FN makes no representations or warranties that the materials in the Platforms are appropriate or available for use in other countries aside from Canada, United States, and Mexico at this time. These Terms of Use are governed by the laws of the Province of Ontario, Canada, and those who access the Platforms from other countries are solely responsible for compliance with local laws of such other jurisdictions.

4. Collection of Personal Information

(a) From time to time, you may be requested to provide FN with personal information. Such personal information is subject to FN’s Privacy Policy. By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein by reference.
(b) In the event that you submit personal information to FN through the Platforms, in confidence, you consent to the collection, processing, transmission and disclosure of such information by FN for the purposes of FN’s internal use and specifically for the purposes set out on the Platforms or in FN’s Privacy Policy.
(c) FN will use all commercially reasonable efforts to keep such information confidential, and shall not disclose such personal information to any third party except: (a) in confidence and to facilitate its provision of services to you, (b) to the extent required by law, and (c) in accordance with FN’s Privacy Policy.

5. Terms of Service

In consideration of your use of the Platforms and your receipt of any services provided on our Platforms, you acknowledge and agree to or that:
i. Provide true, accurate, current and complete registration data and information when prompted by the Platforms’ registration process;
ii. Maintain and promptly update all registration data to keep it accurate, current and complete. If FN has reasonable grounds to suspect that the information you have provided is untrue, inaccurate, not current or incomplete, then FN has the right to suspend or terminate the services provided to you by FN and refuse any and all current or future use of the Platforms by you;
iii. Maintain the security and confidentiality of your password and any other security or access information you may be given by FN and to not provide such information to any other person or entity;
iv. Be liable for all activities undertaken by you using any service provided by FN, including, but not limited to, access to materials on the Internet, including without limitation third party websites, and use of email. All activities are at your own risk;
v. Be liable for any activities that occur under your password or account and to indemnify FN for any damages incurred with respect thereto;
vi. Refrain from transferring your account in the Platforms to any other person or entity without FN’s prior written consent;
vii. refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username or password;
viii. refrain from using another person’s account without permission;
ix. immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your registration data in connection with the Platforms or any other breach of security that you become aware of involving or relating to the Platforms;
x. Allow FN to send you communications electronically. You agree that all agreements, notices, disclosures and other communications that FN provides to you electronically satisfies any legal requirement that such communication be in writing. Any feedback that you provide shall be deemed to be non-confidential;
xi. No formation of agency, partnership, joint venture, employee-employer relationship is created by these Terms of Use or any access or use of the Platforms;
xii. Carriers must obtain and/or provide the following, satisfactory to us: Liability and Cargo Insurance, carrier packet, their authorities including, but not limited to Motor Carrier #, SCAC code, company logo, company name, type of equipment, address and phone number, account username and email contact information. Additionally, Carriers shall upload or enter their confidential rates to the Platforms (which will only be seen by Shippers when the system provides an automatic quote(s) on behalf of the Carrier);
xiii. accounts will be suspended if any items in 5(a)(xii) are not completed.
xiv. Shippers must provide the following: main contact, company logo, full legal name, address, phone number and email address;
xv. Refrain from contacting any other user of the Platforms including any, Carrier, Shipper or Driver outside the FN platform; and
xvi. you acknowledge and agree that all Shippers and Carriers may be vetted.

Truck Waiting Time: Total cost is all-inclusive, provided that load information, commodity, size, weight, origin and destination are correct. LTL pricing includes 30 minutes for loading/offloading and FTL pricing includes 2 hours for loading/offloading, unless specified by carrier.

6. Non-Circumvention

You acknowledge and agree that FN provides marketing and sales automation services to Carriers at no charge. In consideration thereof, if you are a Carrier, you, for good and valuable consideration, covenant that you will and shall not at any time directly solicit any Shipper first introduced to you via the Platforms. In the event of any such direct solicitation, you agree to pay FN liquidated damages in the amount of fifteen percent (15%) of the gross revenue received from such Shipper for a two (2) year period starting with direct solicitation of loads. You acknowledge and agree that this provision reasonably protects FN’s legitimate business interests.

7. Use of Platforms

(a) Use Solely for Lawful Purposes. The Platforms may be used for lawful purposes only. Submission, transmission or maintenance of any information or materials in violation of any applicable federal or provincial laws or regulations is prohibited. This includes, but is not limited to, material that is threatening or obscene, determined in FN’s sole discretion. FN reserves the right to refuse service to you or discontinue your use of the Platforms without providing reason or cause.
(b) Prohibited Acts. You agree that you will not knowingly:
i. Use any device, software or technique to interfere with or attempt to interfere with the proper operation of the Platforms;
ii. Post or transmit to the Platforms any unlawful, fraudulent, harassing, libellous, or obscene information of any kind;
iii. Post or send to the Platforms any information that contains a virus, bug, or other harmful item;
iv. Post or transmit into or on the Platforms any information in violation of another party’s intellectual property rights;
v. Take any action which imposes an unreasonable or disproportionately large load on FN’s infrastructure;
vi. Redeliver any of the content using “framing”, hyperlinks, or other technology without express written permission of FN;
vii. use any device or technology to provide repeated automated attempts to access password-protected portions of the Platforms;
viii. alter or change any materials or distribute, publish, transmit, reuse, re-post or use the content of the Platforms for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the materials is strictly prohibited and is a violation of the rights of FN and/or third parties, such as, without limitation, intellectual property rights, and privacy rights;
ix. infringe upon any ownership rights or intellectual property rights of FN;
x. Copy or retrieve data to compile any databases; and
xi. Conduct financial transactions with parties disclosed on the Platforms outside of the Platform (you covenant not to solicit Shippers or Carriers).
(c) Links to third party sites. You acknowledge and agree that the Platforms may contain hyperlinks to other third-party websites not maintained by or related to FN. You acknowledge and agree that FN has not reviewed such websites linked to the Platforms and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by FN of such website. You further acknowledge and agree that we are not responsible for evaluating the content or accuracy of, and we do not represent or warrant and will have no liability or responsibility whatsoever for, any damages or losses of any nature arising from, or caused or contributed by, directly or indirectly, your use of any third-party websites. Your use or access of any such linked website is at your own risk.

8. Purchases

By making any purchase in or through the Platforms, you agree to abide and be bound by these Terms of Use and the Schedule hereto, along with any other terms and conditions that you agree to in the course of making your purchase. You further agree that you will not make any purchase in or through the Platforms without complying with all applicable laws and regulations, and you warrant that you will not make any purchases through the Platforms where such purchase is prohibited by your local applicable laws. You agree that any and all refunds we grant will be subject to an administration fee equal to the greater of 15% of the transaction fee or $25.00 plus HST.

9. Submissions of Information by You

Grant of licence to FN. If you, or your agent, submits or inputs information to the Platforms, including without limitation, submission of any advertisement, or user profile information, you grant FN a non-exclusive, worldwide, royalty-free licence to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the submitted information. By submitting information to the Platforms you, or your agent, warrant and represent that you own or otherwise control all of the rights necessary for you to provide, post, upload, input or submit the information. You retain ownership of any copyrights or other intellectual property rights applicable to any information you submit to the Platforms. Communications: By your use of the Platforms, you agree to receive communications from FN or one of our service providers, such as phone calls, emails, text messages and push notifications, which may be generated by an automatic telephone dialling system. These communications include, but are not limited to, informational messages regarding the services provided by us to you, permissions requests, updates to and additional features to the services provided by us to you on Platforms and promotional messages. You understand that your consent to receive these communications is not a condition of purchasing any property, goods or services. For marketing emails: you may unsubscribe or opt out of email communications by clicking the unsubscribe button in the email itself and following the prompted instructions. To unsubscribe from or opt out of App notification emails, you shall update shipment notification settings in the App.

10. Copyright Notice

You agree that all materials, designs, text, audio, graphics, user interfaces, visual interfaces, photographs, images, trade-marks, logos, sounds, music, artwork, data, and computer code contained in the Platforms (collectively, the “Materials”) are the property of FN or related entities. Notwithstanding the foregoing, FN neither warrants nor represents that your use of these Materials will not infringe rights of third parties unrelated to FN.

11. Trade-marks and Proprietary Materials

The Platforms contain many valuable trade-marks, trade names, titles, logos, images, designs, and other proprietary materials that are owned or used under license by FN (the “Trade-marks”). Nothing contained herein or on the Platforms should be construed as granting, by implication, estoppel or otherwise, any license or right to you to use any of these Trade-marks. If you misuse any Trade-mark in violation of these Terms of Use, FN will aggressively enforce its intellectual property rights to the fullest extent of the law.

12. Disclaimers

THE PLATFORMS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU HEREBY DISCLAIM ALL WARRANTIES BY FN RELATING TO YOUR USE OF THE PLATFORMS. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE PLATFORMS MAY NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION THEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE PLATFORMS MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORMS AND RELATED SERVICES. Additional disclaimers are included in Schedule “A” hereto.

13. Limitation of Liability

IN NO EVENT SHALL FN, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, RESULTING FROM YOUR USE, MISUSE, OR INABILITY TO USE THE PLATFORMS, YOUR USE, MISUSE, OR INABILITY TO USE THE SERVICES PROVIDED BY FN, YOUR USE, MISUSE OR INABILITY TO USE ANY THIRD PARTY SITE, OR THE ACTIONS OF ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION SCAMS OR FRAUDULENT BEHAVIOUR ON THE PART OF A THIRD PARTY), HOWSOEVER ARISING, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT IN ALL CASES OUR LIABILITY FOR ANY DAMAGES, COSTS, LOSSES OR INJURY RELATING TO OR CAUSED OR CONTRIBUTED TO BY, DIRECTLY OR INDIRECTLY AND IN ANY MANNER WHATSOEVER, YOUR USE OF THE PLATFORMS OR RECEIPT OF SERVICES, IS STRICTLY LIMITED TO THE AMOUNT OF CONSIDERATION PAID BY YOU TO US, IF ANY, FOR THE USE OF THE PLATFORMS AND/OR THE RECEIPT OF SUCH SERVICES.

14. Indemnification

You agree to indemnify and hold harmless FN, its affiliates, and their respective officers, directors, shareholders, employees and agents, from and against any and all claims, losses, and expenses arising from your use of and access to the Platforms, use or access to the services of FN, your violation of these Terms of Use or of any third party right including, without limitation, any intellectual property or privacy right. This defence and indemnification obligation shall survive indefinitely.

15. General Terms

(a) Violations of Terms and Conditions. Should you violate these Terms of Use, FN reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Platforms. If FN should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. You confirm that you are either at least 18 years of age, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them. Jurisdiction. These Terms of Use are governed and interpreted in accordance with the laws of the Province of Ontario and you irrevocably submit to the exclusive jurisdiction of the courts of such province for all matters relating to the Platforms and any services rendered by FN. You agree that any cause of action in relation to the Platforms against FN must be commenced within one (1) year after the cause of action accrues, or such cause of action is permanently barred. Severability. If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions herein. Entire Agreement. These Terms of Use, together with the Privacy Policy and any other legal notices published by FN on the Platforms, such as, without limitation, written changes to our services, shall constitute the entire agreement between you and FN with respect to the Platforms. You acknowledge that any other agreements between you and FN with respect to the Platforms are superseded and of no force or effect. Waiver. No delay or omission to exercise any right or remedy accruing to FN upon any breach or default by you shall constitute a waiver by FN of any breach or default. Notice. All demands, notices, communications and reports required under these terms and conditions of use directed to FN shall be in writing and shall be either sent by email or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to FreightNav at the following address:
2455 Industrial St.
Burlington, ON. L7P 1A6
Email: info@freightnav.com

Any notice hereunder to you will be sent to the most recent email address that has been provided by the User to FN
Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Terms of Use.
Legal Effect. You confirm, acknowledge and agree with FN that, prior to using or accessing the Platforms:
You have had the opportunity to consult with and obtain legal advice concerning these Terms of Use;
You have had the opportunity to print and read these Terms of Use and the content herein;
You are fully aware of These Terms of Use’s legal effect, and have entered into these Terms of Use freely based on your own judgment and not on any provisions or representations other than those contained herein.

SCHEDULE “A”
PAYMENT TERMS
1. General Payment Terms

To access our services through our Platforms, you shall make monthly subscription payments (the amount of which may be amended by FN from time to time in its sole discretion – see below for more details on current subscriptions). You agree that you are responsible for the collection and/or payment of all taxes, which you may be liable for in any jurisdiction arising from your use of the Platforms. FN is not responsible for collecting, reporting or paying any agreed upon rate of the shipment or carrier fees associated with a shipment.

2. Dispute Resolution

i. Notice of Dispute: In the event of a dispute between a Carrier and Shipper, either the Shipper or the Carrier shall provide written notice to the other party specifying the nature of the dispute, including relevant details such as shipment details, dates, and specific issues alleged
ii. Good Faith Negotiation: Upon receipt of the notice, both parties agree to engage in good faith negotiations to resolve the dispute promptly. This may involve discussions, meetings, and exchange of relevant documents or information
iii. Mediation: If the dispute is not resolved through negotiation within a reasonable timeframe, both parties agree to submit the dispute to non-binding mediation with a mutually agreed-upon third-party mediator. The mediation shall be conducted in accordance with the rules and procedures agreed upon by both parties. Both the Shipper and the Carrier shall equally share the costs associated with the mediation process. The mediation shall be conducted in the City of Toronto, unless otherwise agreed to by the Shipper and Carrier. The expenses incurred by using the platform shall be borne by the respective parties and are not the responsibility of FN.

iv. Arbitration: If mediation does not result in resolution, the dispute shall be referred to binding arbitration. The arbitration proceedings shall be conducted in the City of Toronto (unless otherwise agreed by the parties) and in accordance with the rules and procedures of a recognized arbitration institution mutually agreed upon by both parties. Both the Shipper and the Carrier shall equally share the costs associated with the arbitration process. The expenses incurred by using the platform shall be borne by the respective parties and are not the responsibility of FN. The decision of the arbitrator(s) shall be final and binding on both parties.

v. Costs: Each party shall bear its own costs incurred in connection with the dispute resolution process, including but not limited to legal fees, unless otherwise agreed upon in writing.

3. Payment Facilitation and Processing

It is acknowledged and agreed that all charges paid by a Shipper for the carriage of goods by a Carrier are facilitated through a third-party payment processing service. FN may replace its third-party payment processing services without notice to you. The Platform’s current third party payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms”). By using the Platforms, you agree to be bound by the Stripe Terms, which you acknowledge may be modified from time to time at Stripe’s sole discretion and which is not subject to the oversight or control of FN. As a condition of FN enabling payment processing services through Stripe, you authorize FN to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate your receipt of services as contemplated by these Terms of Use and your relationship with FN. You further agree to provide accurate and complete information about you and your business, and authorize FN to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe.
The following additional payment terms are incorporated to These Terms of Use by reference, and by using our Platforms and receiving Services, you hereby agree to the below terms and conditions:
Our Platforms continue to use Stripe, a third-party payment processor, for all transactions.
We have implemented a secure payment mechanism for booked shipments.
By using our Platforms, you confirm and acknowledge your understanding and acceptance of the below terms and conditions.
Terms of Procedure:
i. Shipper creates an account with us and posts a shipment to our marketplace.
ii. The Shipper will then receive instant rates (from Carriers who have automatic quotes setup in our system, or an API connection direct from the carriers database) or receive spot quotes live from Carriers. All Carrier quotes are subject to a FN “Finder’s Fee” in accordance with the below table. Our Finder’s Fees are deducted from the payout to the Carrier.
iii. The Shipper is able to view up to 6 rates, with the best rate hidden if no account has been created. If an account is created, all quotes are viewable, but the carriers information is still hidden including the carriers name, logo, and company contact information.
iv. The Shipper can then book with an API carrier or check availability for any Carrier’s instant quotes. Shippers are not required to unlock any quotes or create a subscription when checking for Carrier availability,
v. When the Carrier confirms its availability or the shipper wants to book a shipment with an API carrier, the Shipper must have a valid subscription or unlock quotes for that shipment to book with their desired Carrier (subscription amount of $49.99/month CAD plus applicable taxes or unlock for $14.99 CAD one-time fee, plus applicable taxes).
vi. To make payment for the freight charges, the Shipper is re-directed to the Stripe checkout screen upon choosing to book the shipment with the particular Carrier. The funds received are transferred to the applicable Carrier’s Stripe Connect account and held by Stripe until Carrier delivers the shipment and provides Proof Of Delivery (“POD”) in PDF format to the Shipper via our Platforms.
vii. At the time of uploading POD, the Carrier may also choose to include additional charges (I.E. waiting time, driver assist, etc.). If additional charges are added by the Carrier, this will create a separate invoice that the Shipper will be charged for upon the carrier providing proper supporting documents for the charges
FreightNav expressly denies and disclaims any involvement, obligation, or legal liability with respect to the payment of funds using the Stripe platform, including without limitation the resolution of any claims.
viii. It is acknowledged and agreed that all funds will be held for a maximum of twenty-four (24) hours following the provision of a POD and will thereafter be automatically released.

4. Additional Charges

Carrier Verification Rights

All carriers reserve the right to verify shipment size, weight, and commodity type. US carriers may also verify class and NMFC code. Services required at pickup or delivery may sometimes be unintentionally or intentionally omitted by the shipper in the original quote request. If such services are needed to move and successfully deliver the shipper’s load, or if the shipment details provided are inaccurate, the carrier may impose additional charges. These charges will be reviewed by FN and then passed on to you the Shipper.

Shippers Agreement

If You are a shipper using the FN platform or services, you agree to the following:
Initial Billing
The initial cost for each shipment is billed and charged to your credit card at the time of booking. The initial billing is based on the information You provided, assuming that such information is true, accurate, and reflects the actual description of your shipment and services required.

Carrier Verification
The Carrier reserves the right to verify the shipments size, weight, class, commodity, NMFC code, and services provided. If the carrier audits the shipment and finds an error or discrepancy on the BOL (Bill of Lading), POD (Proof Of Delivery) or other shipping documents that causes the rate to increase, the carrier will add additional charges to the shipment for the actual services provided.

Payment of Adjustments

You agree to pay for all documented additional charges adjusted by the carrier using the same method of payment for the initial billing. Any billing adjustments will be automatically charged to your credit card on your FN account. Charges for a weight discrepancy will be calculated based on the price per pound or kilogram as documented on the Bill of Lading, Shipment confirmation, and Shipper invoice

Carriers Agreement

If You are a carrier, You agree to provide documentation supporting any billing adjustments involving additional charges to FreightNav and its platform. This documentation should reference any discrepancies found between the Bill of Lading and the shipment during your audit of the shipment under this section. You understand and agree that FN and its employees have the final decision to accept or reject any additional charges based on the supporting documentation provided by You, the carrier.

If You, the carrier, fail to provide adequate and comprehensive documentation sustaining your request for additional charges at the time of marking your shipment as “delivered” in FreightNav, We, FreightNav, reserve the unequivocal right to deny and reject any and all such additional charges. This documentation must clearly and thoroughly detail the basis for the additional charges, including but not limited to any discrepancies found in shipment size, weight, class, commodity, NMFC code, or services provided that were not accounted for in the original Bill of Lading or other shipping documents. Failure to comply with these documentation requirements will result in the forfeiture of any claim or additional compensation.

5. Breakdown of Payments

To the extent this Section conflicts with our Terms of Use, this Section shall govern. All amounts herein are subject to change in our sole discretion.

Subscriptions

FN has one subscription offering at $49.99 / Month CAD + Applicable Taxes. Your subscription includes the following:
Unlimited Shipments & Bookings
Instant Quotes
Spot Quotes
Carrier Live Chat
Unlimited Users
Carrier Ratings
Automated BOL & Invoices
Carrier Management
And More!
Unlock Carrier Quotes

There is a $14.991499 CAD fee + Applicable Taxes to unlock Carrier quotes if the user does not have/want a subscription.

6. Disclaimers

Important information about Quotes
1. All rates are provided by carriers subscribed to Freightnav. Your rates may be subject to change based on the opinion of the carrier and your shipment details. Freightnav provides its shippers with automatic rates based on an API or pricing formula, additional services and the current fuel pricing. Carriers may also send you spot quotes.
2. The pick-up and delivery times vary depending on the carrier’s availability. Your transit time starts on the day of pick-up and does not include weekend or holidays, unless otherwise specified by the carrier.
3. If your shipment has additional services or special requirements please select the options for an accurate quote, or the carrier may adjust their final rate before accepting the shipment.
4. All LTL shipments quoted require 30 minutes loading and unloading time depending on the carrier selected. If a longer time is required then additional charges may occur.
5. All FTL shipments quoted require 2 hours loading and unloading time depending on the carrier selected. If a longer time is required then additional charge may occur.

Booking Disclaimer

1. We respect your privacy. All personal information you provide during the checkout process is securely stored and is solely used for the purpose of processing your transaction. We do not sell or share your information with third parties unless necessary to complete your transaction or as required by law.
2. Your payment details are encrypted and processed securely. We use industry-standard measures to ensure the confidentiality and security of your information.
3. By proceeding with this transaction, you acknowledge and agree to our Terms of Use and Privacy Policy. Please review these documents before finalizing your purchase.
4. You affirm that all information provided during this checkout process is accurate and complete. Any errors in the provision of details, including but not limited to shipping address or payment method, may result in delays or issues with the delivery of your order.
5. We strive to ensure that the products and services listed on our website are described as accurately as possible. However, we do not warrant that the product descriptions are accurate, complete, current, or error-free. Please review your order carefully before confirming your purchase.
6. While we strive for accuracy and efficiency, errors and issues may occasionally occur. We are not responsible for any damages or losses related to your use of this website or any products or services acquired through this website, beyond the value of the item purchased, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Trucking Services Quote Submission Disclaimer

This disclaimer applies to all quotes submitted by trucking carriers (“Carriers”) through FreightNav to potential shippers (“Shippers”).
Currency Conversion and Exchange Rate: When quotes involve transactions in different currencies, the currency conversion for the quote will be based on the exchange rate applicable on the date the Shipper books the service with the Carrier. This rate is subject to market fluctuations and may vary from the rate in effect at the time the quote is submitted.
Responsibility for Quote Accuracy: While submitting quotes on FreightNav, Carriers are responsible for ensuring the accuracy and completeness of the quote.
No Guarantee of Booking: Submission of a quote by a Carrier does not guarantee that a Shipper will book the service. The booking is subject to acceptance by the Shipper and depends on various factors including, but not limited to, pricing and service terms.
Acceptance of Disclaimer: By submitting a quote through FreightNav, Carriers acknowledge and agree to the terms of this disclaimer.

FreightNav Finders Fees

When a shipment is booked with a shipper, FreightNav is entitled to a finder’s fee based on the total amount (excluding applicable taxes) of the shipment as follows:
For shipments greater than $9,000, the finder’s fee is a flat rate of $100
For shipments greater than $6,000, the finder’s fee is a flat rate of $75
For shipments greater than $3,000, the finder’s fee is a flat rate of $50
For shipments greater than $500, the finder’s fee is a flat rate of $25
For shipments less than $500, the finder’s fee is 5% of the shipment value

Additional Charges Billing Disclaimer for Trucking Services

This disclaimer applies to all additional charges that may be incurred by trucking carriers (“Carriers”) while providing services to shippers (“Shippers”) through FreightNav.
Incurrence of Additional Charges: Additional charges may be incurred during the provision of trucking services due to unforeseen circumstances or requirements beyond the original scope of the service agreement. These may include, but are not limited to, fuel surcharges, tolls, waiting time, and additional labour.

Transparency and Documentation:

Carriers are expected to provide clear and detailed documentation for all additional charges. This documentation should be made available to FreightNav upon delivery.
Proper documentation substantiating any additional charges is required to be submitted at the time of delivery. Acceptable forms of documentation include, but are not limited to, a Proof of Delivery (POD) or any other relevant supporting documents that are uploaded to the FreightNav platform. FreightNav reserves the absolute and unrestricted right to review and evaluate all documents submitted by you, the carrier, to determine their adequacy and relevance.
FreightNav shall, at its sole discretion, make a determination regarding the acceptance or rejection of any additional charges based on the completeness, accuracy, and sufficiency of the documentation provided. By submitting documentation, you, the carrier, acknowledge and agree that FreightNav’s review process is final and binding.
Furthermore, FreightNav reserves the right to request additional information or clarification regarding any submitted documents if deemed necessary to make an informed decision. The carrier’s failure to provide satisfactory documentation may result in the denial of additional charges.
This disclaimer serves to ensure that all additional charges are substantiated by appropriate and verifiable documentation, thereby facilitating a fair and transparent review process by FreightNav.