IMPORTANT: PLEASE READ THIS BEFORE ACCESSING OUR WEBSITE AND MOBILE APPLICATION
- 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.
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.
Any and all payment terms are outlined in Schedule “A”, which are subject to change at any time in FN’s sole discretion.
- 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.
- Modification of Platforms
- Collection of Personal Information
- 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;
xii. Carriers must obtain and/or provide the following, satisfactory to us: Liability and Cargo Insurance, their Motor Carrier #, SCAC code, Surety Bond, company logo, company name, type of equipment, address and phone number, account username and email contact information. Additionally, Carriers shall upload 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 up to date (FN may flag the Carrier 30 days ahead of expiry for their insurance coverages and Surety Bond);
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; after which waiting time will be charged at a 2-hour minimum for every minute thereafter. If your load required special handling not included in an invoice issued, such as residential delivery or driver assist, or if load information is incorrect, FN will send an amended invoice with the corrected cost.
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.
- 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.
- 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. You may opt-out of text message communications at any time by updating shipment notification settings in the App. Message and Data Rates Apply. 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.
- 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.
- Trade-marks and Proprietary Materials
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.
- 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 SERVIECS, 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.
- General Terms
2455 Industrial St.
Burlington, ON. L7P 1A6
Any notice hereunder to you will be sent to the most recent email address that has been provided by the User to FN
Legal Effect. You confirm, acknowledge and agree with FN that, prior to using or accessing the Platforms:
- 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.
- 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.
- Payment Facilitation and Processing
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 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 can only see the number of different quotes for their shipment and the amount from each quote (all other Carrier information is hidden including the Carrier’s name, company contact information and company logo).
iv. The Shipper can then 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, 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).
v1. 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. You acknowledge that FN does not receive, control or hold any of the applicable funds at any point and is therefore not responsible for any claim related in any way to the funds.
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 & Carrier must settle.
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 for additional charges.
viii. Shipper shall review the POD and authorize the release of funds to Carrier if the POD is satisfactory. Once funds have been authorized for release, our system will trigger a payout to the Carrier. 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.
ix. If additional charges are applied by Carrier, the Shipper may accept or dispute the additional charges. If the additional charges are accepted, the Shipper is then re-directed to a Stripe Checkout screen where it may make the payment. Upon successful payment, funds are transferred to the Carrier’s Stripe Connect account for payout to the Carrier’s bank.
4. Breakdown of Payments
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 user does not have/want a subscription.
Trucking Quotes Disclaimer Shipment Submission
Rate Information: All rates are provided by Carriers subscribed to Freightnav. Rates are subject to change at the discretion of the Carrier and based on your shipment details. Freightnav offers its Shippers automatic rates derived from a pricing formula, which includes additional services and the current fuel pricing. Carriers may also provide you with spot quotes.
Pick-up and Delivery Times: 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 weekends or holidays, unless otherwise specified by the Carrier.
Additional Services and Special Requirements: If your shipment requires additional services or has special requirements, please select the appropriate options for an accurate quote. Otherwise, the Carrier may adjust its final rate before accepting the shipment.
LTL Shipments Loading and Unloading Time: All LTL (Less Than Truckload) shipments quoted require 30 minutes to 1 hour for loading and unloading, depending on the Carrier selected. If a longer time is required, additional charges may apply.
FTL Shipments Loading and Unloading Time: All FTL (Full Truckload) shipments quoted require a 1-to-2-hour loading and unloading time, depending on the Carrier selected. If a longer time is required, an additional charge may occur.
Trucking Services Quote Submission Disclaimer:
This disclaimer applies to all quotes submitted by Carriers through FreightNav to 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.
Exchange Rate Sources: The exchange rates used for currency conversion are obtained from reliable and recognized financial sources. Carriers acknowledge that FreightNav is not responsible for any discrepancies in exchange rates sourced from these providers.
Responsibility for Quote Accuracy: While submitting quotes on FreightNav, Carriers are responsible for ensuring the accuracy and completeness of the quote, including the applicability of the current exchange rate.
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.
Changes in Market Conditions: Carriers acknowledge that exchange rates are subject to change due to market conditions. FreightNav is not liable for any losses or damages incurred by Carriers or Shippers as a result of such fluctuations.
Acceptance of Disclaimer: By submitting a quote through our Platforms, Carriers acknowledge and agree to the terms of this disclaimer. Carriers accept that they are bound by the exchange rate applicable on the date the Shipper books their service.
FreightNav Finder Fees: When you book a shipment with a carrier, FreightNav earns a finder’s fee based on the total booked amount and currency (excluding taxes) of the shipment as follows:
|Freight Charges (Subtotal + Taxes)
|Fee (in currency of quote submitted)
|Less than $500
|$500.00 – $2999.99
|$3000.00 – $5999.99
|$6000.00 – $8999.99
|Greater than or equal to $9000.00
Freight Charges Checkout Disclaimer:
Privacy Assurance: Your privacy is paramount to us. The personal information collected during the checkout process is securely stored and exclusively utilized for processing your transaction. We commit to not selling or distributing your information to third parties, except as needed to complete your transaction or when mandated by law.
Secure Payment Processing: Your payment details are encrypted and processed with the utmost security. We adopt industry-standard protocols to safeguard the confidentiality and security of your information.
Accuracy of Information: You confirm that all information furnished during this checkout process is precise and complete. Discrepancies in details, such as shipping address or payment method, may lead to delays or complications in the delivery of your order.
Product and Service Descriptions: We endeavour to accurately describe the products and services offered on our website. Nonetheless, we cannot guarantee that all product descriptions are exact, comprehensive, current, or devoid of errors. We encourage a careful review of your order prior to confirmation.
Limitation of Liability: Although we aim for accuracy and efficiency, occasional errors and issues may arise. Our liability for any damages or losses related to the use of this website or the acquisition of any products or services through this website is limited to the value of the item purchased. This limitation includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages.
Payment Release: The Shipper shall promptly authorize the release of funds held by Stripe upon satisfactory completion of the services or deliverables, ensuring a timely and efficient payment transfer to the Carrier. Shipper hereby authorizes FreightNav the authority, acting reasonably and in its discretion, to release payments on the Shipper’s behalf, if satisfactory Proof Of Delivery (POD) is presented and if funds are not timely released by Shipper.
Additional Charges Billing Disclaimer for Trucking Services:
This disclaimer applies to all additional charges that may be incurred by Carriers while providing services to Shippers through our Platforms.
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.
Notification and Approval: Carriers are required to notify Shippers of any potential additional charges as soon as reasonably possible. Approval from the Shipper should be obtained before these charges are incurred, except in emergency situations where obtaining prior approval is not feasible.
Currency Conversion and Exchange Rate: If additional charges are billed in a different currency than the one agreed upon in the original service agreement, the conversion will be made using the exchange rate applicable on the date the additional charges are billed. Exchange rates are subject to market fluctuations.
Exchange Rate Sources: Exchange rates for currency conversion are obtained from reputable financial sources. FreightNav is not responsible for any discrepancies in exchange rates sourced from these providers.
Transparency and Documentation: Carriers are expected to provide clear and detailed documentation for all additional charges. This documentation should be made available to the Shipper upon request.
Dispute Resolution: In case of disputes regarding additional charges, FreightNav will not be responsible for the resolution, and the Carrier and Shipper hereby release FreightNav with respect to all claims relating thereto.
Acceptance of Terms: By using the services of FreightNav, both Carriers and Shippers agree to the terms outlined in this disclaimer. Carriers understand their responsibility to communicate and justify additional charges to Shippers, and Shippers acknowledge their liability for such charges as per the agreed terms.