The first container haulage marketplace in the UK
BoxHaul helps optimise container haulage for hauliers, freight forwarders and cargo owners to save costs and reduce CO2
Use the BoxHaul platform to reduce your container haulage costs and save CO2
Launch Promotion for Shippers!
For a limited time, cargo owners and freight forwarders can get free access to the BoxHaul platform as part of our launch.Sign up now to optimise your container haulage across every port in the UK.
BoxHaul is a digital marketplace dedicated to container haulage
Existing haulage marketplaces do not cater for the specific nature of the container shipping industry. BoxHaul enables collaboration between shippers and hauliers to identify more container optimisation opportunities to reduce costs and Co2 levels.
Share cost savings from haulage optimisations
After your jobs are uploaded to BoxHaul, our algorithms continuously look for optimisations that can create a win-win situation for both the shipper and the haulier. Get the best rate for every load booked through the BoxHaul platform.
Optimise Your Container Haulage
Schedule a call to learn how our platform can deliver immediate results
Instant access to a haulier network with BoxHaul
Get instant access to a haulier network to save time, costs and CO2 on every load and lane.
The only container haulage marketplace that enables shippers to get a share of cost savings from haulage optimisations
Optimise Your Container Haulage
Schedule a call to learn how our platform can deliver immediate results
Send quote requests to multiple hauliers instantly
Ensure you’re getting the best rates for every load by getting access to a large network of vetted hauliers. Spot or tender quotes are sent at a click of a button, saving you time by avoiding back and forth emails.
Share cost savings from haulage optimisations
After your jobs are uploaded to BoxHaul, our algorithms continuously look for optimisations that can create a win-win situation for both the shipper and the haulier. Get the best rate for every load booked through the BoxHaul platform.
Find the right container loads with BoxHaul
Find the right loads from shippers and collaborate on load exchanges with other hauliers to increase your margins.
Grow your business by finding new clients, the right loads and optimise existing loads
Free access for haulage companies!
Get a head start to optimise your container haulage across all ports in the UK.Sign up and set up your free profile now!
Don’t miss out on any container load opportunities
Get the opportunity to win more spot or tender loads. Bid on the right loads to keep your fleet utilised and increase your margins.
Share cost savings from haulage optimisations
After your jobs are uploaded to BoxHaul, our algorithms continuously look for container re-use and reloads to reduce your costs and increase haulier margins. Spend less time checking WhatsApp and only get notified when relevant loads become available.
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Last modified: 11th August 2023
The BoxHaul platform, mobile application and website match hauliers with shippers. To enable these applications and websites (the “Platform(s)”), BoxHaul Ltd (“BoxHaul”) collect and use certain information about our users when they use or communicate with us regarding our services. This policy describes the personal data we collect from users of the services, how this data is used and shared, and users’ choices regarding this data.This Policy applies to all users of the the Platforms developed by BoxHaul (“We“, “Us”, “Our” etc). Please note that a separate privacy notice applies to users of the mobile application developed by BoxHaul.BoxHaul, which owns boxhaul.co.uk and other online platforms and applications belonging to Us from time to time (referred to herein as the “Platform(s)”) is committed to protecting and respecting your privacy.For the purpose of the General Data Protection Regulation (UK and EU versions) and the Data Protection Act 2018 (collectively the “Data Protection Laws”) the Data Controller is BoxHaul Ltd.
II. Collecting your personal data
A. Your personal data that we collect from you
We collect and process some or all of the following types of information from you in the course of your use of the Platforms or providing Our services:(i) Information that you provide by filling in forms on the Platforms or filling in forms as part of the registration process, verbally, via email or any other medium. This includes information provided at the time of registering to use the Platforms, subscribing to and using our service, or requesting further information or services.(ii) We may also ask you for information when you for example report a problem with the Platforms.(iii) This could include, but not limited to, passport or other identity document, driving licence, full name, date of birth, email address, contact details, residential address, images of your vehicle, vehicle registration number, vehicle insurance certificate, vehicle rental agreement, operator’s licence, bank details, name of director (for businesses), or any other information entered when using the Platforms, completing our survey forms, or using our services.(iv) If you contact us, we may keep a record of that correspondence.(v) We may also ask you to complete surveys that We use for research purposes, although you do not have to respond to them.(vi) Details of your visits to the Platforms including, but not limited to, traffic data, location data, weblogs and other communication data, and the resources that you access.
B. Special categories and other sensitive data we collect from you
We do not collect details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, health, or genetic data.
C. Your personal data that We collect from other sources
We will obtain personal data from other sources as follows:(i) Publicly available sources which include, but are not limited to, Google, Companies House and social media platforms.(ii) Private sources, such as credit rating agencies.(iii) From your insurance partners from whom you have obtained a policy, and where you have given appropriate permissions, in order for us to check that you have appropriate insurance policies in force.(iv) DVLA and other driving license records providers.(v) Compliance check providers.
III. Lawful basis for processing
IV. Purposes of processing
We use information held about you in the following ways:(a) To provide you with our services.(b) To ensure that content on the Platforms is presented in the most effective manner for you and for the device(s) you use to access and view the Platforms;(c) To provide you with information and offers that you request from Us or which We feel may interest you.(d) To carry out our obligations arising from any contracts entered into between Us and you / your employer.(e) To allow you to participate in interactive features of our service, when you choose to do so.(f) To notify you about changes to our services.(g) To enable Us to refer you to our business partners or share your data with third parties, where you have authorised or asked Us to do so.(h) For marketing our products and services and similar products and services.
V. Disclosure of information
We routinely disclose your personal data to third parties as follows:(a) We may pass your information to our third-party service providers, agents, subcontractors and other associated organisations for the purposes of completing tasks and providing services to you on our behalf (e.g. to host our servers, provide compliance or payment services);(b) We may disclose your personal data to any member of our corporate group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (where applicable) and to our affiliates;(c) Where you have agreed to use the services of a service provider that is registered with us, we may share your information with such service providers in order for them to provide you with their services.We may also disclose your personal data to third parties:(a) in the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets;(b) if We or substantially all of our assets are acquired by a third party, in which case personal data held by Us about our customers will be one of the transferred assets;
if We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions and other agreements;(c) to protect Our rights, property, or safety or that of our affiliated entities and our users and any third party We interact with the to provide the Platforms;(d) in relation to selected third parties only, only to the extent that you have consented to such selected third parties notifying you about certain goods or services, which may be if interest to you;Other than as set out above, and save insofar as is necessary in order for Us to carry out our obligations arising from any contracts entered into between you and Us, We will not share your data with third parties unless We have procured your express consent to do so.
VI. Storing your personal data
VII. Keeping your data up to date
If your personal details change you may update them by accessing the relevant page of the Platforms, or by contacting Us using the contact details below. If you have any questions about how We use data collected which relates to you, please contact Us by sending a request by email to the contact details below.
VIII. How long we keep your personal data
We will hold personal data including but not limited to name, address and contact details for the period we are required to retain this information by applicable UK tax law, currently six years.We may store other personal information that you have provided us for as long as it is reasonably necessary taking into consideration our need to provide you with the services you have signed up to, to resolve any disputes, enforce our rights and/or respond to queries.If you have any questions about our data retention policy, please contact us.
IX. Where we store your personal data
BoxHaul makes use of cloud computing platforms and third-party service providers to deliver its services. This may involve storing or transferring your personal data outside of the UK and the EEA.When we transfer or store the information that We collect from you at a destination outside the European Economic Area (“EEA”),it is processed by staff operating outside the EEA who work for Us or for one of our suppliers. Such staff maybe engaged in, among other things, fulfilling your orders, undertaking compliance checks, processing your payment details and providing support services. By submitting your personal data, you agree to this transfer, storing or processing.In countries that do not have the same data protection laws as the United Kingdom and EEA, we ensure that any personal data being transferred has an adequate level of data protection similar to that which applies in the United Kingdom and EEA, and any transfer of your personal data is subject to an agreement with these third parties approved by the UK Information Commissioner’s Office.If you would like further information, please contact Us (see ‘Contact’ below). We will not otherwise transfer your personal data outside of the United Kingdom or EEA or to any organisation (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
X. Your rights
Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:(a) access to your personal data and to certain other supplementary information that this Policy is already designed to address(b) require Us to correct any mistakes in your information which we hold(c) require the erasure of personal data concerning you in certain situations(d) receive the personal data concerning you which you have provided to Us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations(e) object at any time to processing of personal data concerning you for direct marketing(f) object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you(g) object in certain other situations to our continued processing of your personal data(h) otherwise restrict our processing of your personal data in certain circumstances(i) claim compensation for damages caused by our breach of any data protection lawsFor further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals rights under the General Data Protection Regulation.If you would like to exercise any of those rights, please:(a) email, call or write to us (see ‘Contact’ below)(b) let us have enough information to identify you for example member ID, user name, registration details.(c) let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and(e) let us know the information to which your request relates, including any account or reference numbers, if you have them.
XI. Making a formal complaint
We hope that We can resolve any query or concern you raise about our use of your information.The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone 0303 123 1113.
XIII. Cookies and IP addresses
Last modified: 11th August 2023
This document (together with documents referred to in it) sets out the terms applicable to use of the website applications, APIs and any other services owned and/or operated by BoxHaul Ltd (the “Platform”) whether as an unregistered visitor to the website or a registered member.Please read these terms carefully before using the Platform. By the Platform in any way, you agree to be bound by these terms (“Terms”).The General Provisions under Section A shall apply to all users of the Platform (each a “Visitor”, with registered members being referred to as “Members” and individuals authorised to use the Platform on behalf of a Member being referred to as “Users”). If you use the Platform to engage others to perform deliveries you are a “Shipper”. If you use the Platform to advertise, promote and sell delivery services (“Delivery Services”) you are a “Haulier”. Section B applies to Shippers, Section C applies to Hauliers, each in addition to Section A.Licence terms for the mobile application associated with the Platform are included within the applicable mobile application and will apply to your use of the applicable mobile application in addition to these Terms.
SECTION A: GENERAL PROVISIONS
1. INFORMATION ABOUT BOXHAUL LTD
1.1 The Platform is operated by BoxHaul Ltd (“BoxHaul”). BoxHaul is registered in England and Wales under company number 14819922 and with its registered office at Flat 402 Tide Waiters House, 62 Blair Street, London, England, E14 0JL.1.2 The Platform enables Members to connect with other Members for the purpose of contracting with one another (the resulting contract being referred to as a “Delivery Agreement”), however, Members make such connections and/or enter into such a Delivery Agreement at their own risk. Where a Member uses the Platform to engage, or to be engaged by, another Member for the provision of Delivery Services, each Member will: (i) enter into a Delivery Agreement directly with each other for the provision and receipt of such Delivery Services on terms to be agreed between the relevant Members. BoxHaul is not a party to that Delivery Agreement, and Members will be separately responsible and liable to one another under the terms of that Delivery Agreement; and (ii) will comply with the Data Protection Laws (as defined in clause 12) in processing all personal data sent or received via the Platform.1.3 BoxHaul may also provide links on its Platform to the websites and applications of third parties. Such third-party websites and applications are not the responsibility of BoxHaul and BoxHaul accepts no liability for the availability, suitability, reliability or content of such third-party websites and does not necessarily endorse the views expressed within them.1.4 Visitors can contact BoxHaul by writing to:BOXHAUL LTD
Flat 402 Tide Waiters House
62 Blair Street
Or by email on: email@example.com
2. REGISTRATION, VALIDATION AND RENEWAL
2.1 To request or offer Delivery Services via the Platform the Visitor, as an individual or on behalf of a business, must submit a request to become a Member.By requesting to become a Member, the Visitor warrants (as applicable) for themselves and/or for the business (the ‘Applicant’) that: (i) the Applicant is legally capable of entering into binding contracts; (ii) the Visitor is at least 18 years old; and (iii) neither the Visitor nor the Applicant has had a previous registration for the Platform suspended or terminated for any reason.2.3 If the Applicant is a business entity, the Visitor warrants and represents that the Visitor has the authority to accept these Terms on behalf of the Applicant and that the Applicant is therefore bound by these Terms.2.4 In order to be accepted as a Member, the Applicant must be validated by BoxHaul and will be required to provide certain information and documents including but not limited to the following: (i) copies of insurance details including but not limited to all vehicle insurance policies, goods in transit policies, public liability and employer’s liability policies, professional indemnity policies, and such other policies as BoxHaul may from time to time request; and (ii) a copy of all relevant licenses including but not limited to driving licenses, operating licences and ISO9001 registrations.2.5 To remain a Member, the Member must keep all documents provided to BoxHaul hereunder up to date and valid.2.6 BoxHaul has no obligation to accept any Applicant’s request for membership, and may reject any application, or stop any Applicant from registering as a Member, in BoxHaul’s sole discretion.2.7 When a subscription period expires, BoxHaul may invite the Member to renew its subscription to the Platform. Such renewal will only be effective upon: (i) selection, by the Member, of the Member’s subscription package; (ii) receipt of the Subscription Fees for the minimum subscription period applicable at the time of selection or other such period as agreed to by BoxHaul; and (iii) provision of any documents or information required by BoxHaul, or BoxHaul’s acceptance and confirmation that the Member has previously provided such documents and that information is up to date.2.8 The Member hereby warrants that the information provided by the Member to BoxHaul is, and the Member shall routinely check that such information remains, at all times, true, accurate and complete. The Member further warrants that the Member shall promptly notify BoxHaul in the event of any change to such information.2.9 The Member shall keep their registration details for the Platform (“Login Details”) confidential and secure. The Member may authorise access to additional individual Users to access the Platform(s) on the Member’s behalf, and it is the Member’s responsibility to ensure the individual Users comply with these Terms. Each individual User may have their own Login Details.
3. USE OF THE PLATFORM
3.1 Each Visitor is solely responsible and liable for their use of the Platform and that it is each Visitor’s sole responsibility to enforce any obligation owed to the Visitor by a third party that arises from their use of the Platform. In the event that the Visitor has a dispute with any other Visitor of the Platform, the Visitor hereby releases BoxHaul from all claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute, except as expressly set out in these Terms.3.2 BoxHaul may monitor the Visitor’s use of the Platform from time to time. The Visitor hereby consents to BoxHaul monitoring their use of the Platform.3.3 Certain areas of the Platform are available only to Members.3.4 The Member must notify BoxHaul immediately of any breach or suspected breach of security or unauthorised use, or suspected unauthorised use, of their account, Login Details or information.The Member agrees that at all times they shall:
(i) comply with all instructions, policies and guidelines from BoxHaul in respect of the Platform. BoxHaul’s policies can be provided to the Visitor in writing. BoxHaul may make amends to these policies from time to time and notice of such amendments will be provided via the Platform;
(ii) comply with the provisions of BoxHaul’s acceptable use policy
(iii) co-operate with all reasonable security or other checks or requests for information made by BoxHaul from time to time; and
(iv) use the Platform and the information made available to them on the Platform at their own risk.3.5 The Member further agrees that they shall not, and shall procure that all Users authorised by the Member shall not, at any time in relation to the Platform:
(i) use their Login Details with the intention of impersonating another person;
(ii) allow any other person or entity to use their Login Details;
(iii) re-register as a Member (either using the same or a different legal entity), or attempt to do so, after their registration has been revoked (whether such revocation was in respect of the same or a different legal entity);
(iv) do anything likely to impair, interfere with or damage or cause harm or distress to any other Visitor;
(v) infringe any rights of any third parties;
(vi) introduce into or onto the Platform any virus, Trojan, worm, logic bomb or other material which is malicious or technologically harmful;
(vii) attempt to gain unauthorised access to the Platform, the server on which the Platform are stored or any server, computer or database connected to the Platform;
(viii) attack the Platform via a denial-of-service attack or a distributed denial-of service attack;
(ix) launch any automated system that accesses the Platform in a manner that sends more request messages to BoxHaul’s servers in a given period of time than a human can reasonably produce in the same period using a conventional on-line web browser; or
(x) use the Platform in any manner or for any purpose that is, or may be considered, offensive, illegal or inappropriate.3.6 BoxHaul reserves the right to make any changes to the Platform including any functionalities and content therein or to discontinue a specific feature from time to time subject always to BoxHaul notifing the Member in writing using the Platform.
4.1 The Member agrees that during the term of this agreement and for 12 months after its expiry or termination, they will not either on their own account or on behalf of others directly or indirectly:
i) resell access to the Platform, either directly or via any other application(s);
ii) provide a link to one or more of the Platform from any website or application that is not owned by them. Any links to the Platform that they do provide must be to the “Platform home page” or “vehicle tracking page” only and shall be provided in a way that neither damages nor takes advantage of BoxHaul’s reputation, nor suggests any form of association, approval or endorsement by BoxHaul of their, or any other party’s products or services;
iii) perform services which are of a similar type as the services provided by BoxHaul, which operate in the sector in which BoxHaul operates and which compete with the business of BoxHaul. For the purposes of this agreement, the business of BoxHaul is defined as being a neutral online marketplace which facilitates the trading and settlement of freight and transport orders between participating subscribers, without acting as the principal shipper in such transactions;
iv) be involved in any Capacity, other than as a client, with any business concern which is (or intends to be) in competition with the business of BoxHaul;
v) solicit or endeavour to entice away or discourage from dealing with BoxHaul any person who is at any time a Member or other client of BoxHaul with a view to providing goods or services to that Member or client in competition with the business of BoxHaul;
vi) solicit, interview, employ or engage or otherwise facilitate the employment or engagement of any of the staff of BoxHaul who have been engaged in the provision of services to them under this agreement whether or not such person would be in breach of contract as a result of such employment or engagement; and
vii) represent themselves as connected with BoxHaul in any Capacity (other than as a Member), or use any registered names or trading names associated with BoxHaul.4.2 For the purpose of this clause "Capacity" shall include (without limitation) as agent, owner, investor, partner, shareholder, consultant, director, employer or worker.4.3 Each of the restrictions imposed on the Member by this clause 4 applies to the Member acting directly or indirectly; and on their own behalf or on behalf of, or in conjunction with, any firm, company or person.4.4 Each of the restrictions in this clause 4 is intended to be separate and severable. If any of the restrictions shall be held to be void but would be valid if part of their wording were deleted, such restriction shall apply with such deletion as may be necessary to make it valid or effective.
5. CHARGES AND PAYMENT
5.1 In consideration for the provision of the Platform and the rights and licences granted to the Member hereunder, the Member shall pay to BoxHaul the agreed charges as set out in the Member’s subscription package (the “Subscription Fees”). For Hauliers, this also includes BoxHaul’s Commission (“BoxHaul Container Fee”), made up of 1% of the Haulier’s quote, applied on a per container basis. For example, if the Haulier responds with a quote of £100/cntr, BoxHaul’s Commission of 1% will amount to £1/cntr, resulting in a final quote of £101/cntr to the Shipper.5.2 The Member’s invoice and any other applicable invoices including but not restricted to their renewal invoice shall be issued by BoxHaul prior to the expiry of their subscription period or any renewal thereof.5.3 The Member shall pay each invoice to BoxHaul, in full and immediately available funds, by the due date stated in the invoice.5.4 The Subscription Fees shall be payable without deduction, set-off, counterclaim or withholding any amount (other than any deduction or withholding of tax as required by law).5.5 BoxHaul may change the Subscription Fees at any time on the provision of notice to the Member in writing, by email or through their use of the Platform. The Member’s continued use of the Platform following notice of such change shall be deemed to be their acceptance of the new Subscription Fees. If the Member does not agree with the changes to the Subscription Fees, they may terminate their agreement with BoxHaul by notice in writing or by email to firstname.lastname@example.org Without prejudice to any other right or remedy that BoxHaul may have, if the Member fails to pay the Subscription Fees by their due date in immediately available funds, BoxHaul may suspend their access to the Platform until payment has been made in full. If any Fees are not paid within 30 days after the due date, as stated on the invoice issued then (without prejudice to BoxHaul’s other rights and remedies) BoxHaul reserves the right to charge interest on such sum on a day-to-day basis from the date such payment was due to the date of actual payment (both dates inclusive) at the rate of 5 per cent above the base rate of the Bank of England from time to time in force compounded quarterly. Such interest shall be paid by the Member on demand.
6. FEEDBACK, REVIEWS AND DISPUTES
6.1 The Member may submit their reviews in respect of their experience (“Reviews”) or make contact with other Members (each Review and other communication via the Platform being referred to as a “Feedback Submission”). The Member must comply with the content standards set out herein and in BoxHaul’s acceptable use policy at Acceptable Usage. The Member warrants that all Feedback Submissions comply with those standards, and indemnifies BoxHaul for any breach of that warranty.6.2 The Member shall not submit any Feedback Submission(s) that:
(i) is, or may be considered offensive, illegal or inappropriate;
(ii) contain information that is inaccurate, false or misleading;
(iii) relates to a contractual dispute arising under a Delivery Agreement.6.3 If the Member feels that any Feedback Submission by another Member is objectionable, please contact BoxHaul using the contact details in clause 1 or set out on the Platform. BoxHaul shall use its reasonable endeavours to review the relevant Feedback Submission as soon as is practicable and shall take such action as BoxHaul deems appropriate, if any at all.6.4 BoxHaul is not responsible for the content or accuracy of any materials posted by the Member and cannot guarantee confidentiality of any Feedback Submissions.6.5 BoxHaul has the right to remove any Feedback Submission if, in BoxHaul’s opinion, such Feedback Submission is made in breach of these Terms.6.6 A Member may submit a contractual dispute with another Member arising under a Delivery Agreement (‘a Dispute’) to BoxHaul for resolution by email to email@example.com The Member shall ensure that all materials submitted in relation to a Dispute contains full and accurate details of the Delivery Agreement and the grounds for the Dispute.6.8 BoxHaul reserves the right to revoke or restrict a Member’s subscription if one or more Disputes relating to that Member are upheld.6.9 BoxHaul makes no warranty concerning functionality of any software required to upload Feedback Submissions or Disputes and the Member hereby waives any legal or equitable right or remedy they may have against BoxHaul for the use thereof, as applicable.
7.1 The Member may be awarded a BoxHaul Accreditation and Feedback Rating (“Accreditation”) at BoxHaul’s sole discretion.7.2 The Accreditation shall be displayed on the Platform together with such information about the Member as BoxHaul may reasonably require.7.3 The Member shall use reasonable endeavours to ensure that all information displayed in relation to them, including the Accreditation is accurate, correct and up to date and shall indemnify BoxHaul for any losses incurred by BoxHaul or a third party as a result of any error, omission or inaccuracy.
8. SUSPENSION AND TERMINATION
8.1 In consideration for a Visitor’s compliance with these Terms, BoxHaul shall use its reasonable endeavours to provide the Visitor with the Platform at all times.8.2 BoxHaul shall be entitled, from time to time at BoxHaul’s own discretion and upon the provision of notice to the Visitor, to suspend the Platform whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to the Visitor for any such suspension on non-availability of the Platform (whether wholly or partly).8.3 BoxHaul may suspend or terminate the Member’s access to the Platform (wholly or partly) in the event that:
(i) the third party services and network providers cease to make the third party service or network available to BoxHaul;
(iii) BoxHaul believes that there has been fraudulent use, misuse or abuse of any features and functionalities of the Platform by that Member;
(iv) BoxHaul believes that the Member has provided BoxHaul with any false, inaccurate or misleading information; or
(v) BoxHaul believes that the Member is using the Platform to provide a service that BoxHaul, in its sole discretion, deems to compete with the Platform or other services; or
(vi) BoxHaul believes the Member is in breach of any of the policies and guidelines of BoxHaul as provided to the Visitor in writing.8.4 The Member may terminate this agreement without cause on the provision of not less than 30 days written notice to BoxHaul. In such event:
(i) the Member shall cease all use of the Platform on or before the date of termination; and
(ii) all rights granted to the Member hereunder shall cease on the date of termination.8.5 Termination of this agreement shall not affect the rights of either party accruing or accrued prior to the termination of this agreement.8.6 Where BoxHaul suspends the Member’s access to one or more of the Platform, subject to BoxHaul receiving a written request for the Member in respect of the same, BoxHaul shall not unreasonably refuse to permit the Member continuing access to the “My Loads” and “Quotes” functions of the Platform and to the Member’s historical data saved within the Platform, subject to payment of all outstanding Subscription Fees and any additional fees agreed between the parties in respect of the same.8.7 Where the Member’s access to the Platform is terminated by the Member for any reason, or is terminated or suspended by BoxHaul for any of the reasons set out in this clause 8, the Subscription Fees and any additional fees paid by the Member to BoxHaul shall not be refunded. In all other circumstances, the Member’s right to a refund will be as set out in the applicable Refund Policy, as published from time to time on the Platform.8.8 Clauses 2, 4, 5 (to the extent of any unpaid charges) 6, 8.7, 9, 10, 11, 12, 13 and 19, and all provisions required for their interpretation, shall survive termination of these Terms for any reason.
9. BOXHAUL’S LIABILITY
9.1 BoxHaul relies on third-party providers (such as network providers, data centres and telecommunication providers) to make the Platform available to Visitors. Whilst BoxHaul takes all reasonable steps available to BoxHaul to provide Visitors with a good level of service, the Visitor acknowledges and agrees that BoxHaul does not warrant that the Platform shall be uninterrupted or fault-free at all times. BoxHaul therefore shall not be liable in any way for any losses the Visitor may suffer as a result of delays or failures of the Platform as a result of BoxHaul’s service providers.9.2 BoxHaul takes reasonable precautions to protect the Platform from malicious code and third-party attacks, however, BoxHaul is not liable for any loss or damage caused by a third-party distributed denial-of-service attack, viruses or other technologically harmful material that may infect a Visitor’s computer equipment, computer programs, data or other proprietary material due to their use of the Platform or to their downloading of any material posted on it, or on any website linked to it.9.3 The material displayed on the Platform is provided without any guarantees, conditions or warranties as to its accuracy. Subject to the exceptions set out in the last paragraph of this clause 9, below, BoxHaul shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
(i) consequential, indirect or special losses;
(ii) loss of profits, income or revenue;
(iii) loss of savings or anticipated savings, interest or production;
(iv) loss of business or business benefits;
(v) loss of contracts;
(vi) loss of opportunity or expectations;
(vii) loss of goodwill and/or reputation;
(viii) loss of marketing and/or public relations time and/or opportunities;
(ix) loss of data; or
(x) loss of management or office timeor any other losses howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.Nothing in these Terms shall limit in any way BoxHaul’s liability:
(i) for death or personal injury caused by BoxHaul’s negligence;
(ii) for fraud or fraudulent misrepresentation; or
(iii) for any matter for which it would be illegal for BoxHaul to exclude, or attempt to exclude, BoxHaul’s liability.9.5 If BoxHaul fails to comply with these Terms, BoxHaul shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations. If BoxHaul’s failure to comply with its obligations is not remedied following such reasonable opportunity then, subject always to preceding paragraphs of this clause 9, BoxHaul’s total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited in the aggregate to the total amount of the Subscription Fees received by BoxHaul from the Member during the 12 month period prior to the date on which the event giving rise to the claim first occurred.
The Member hereby indemnifies BoxHaul in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses arising as a result of any breach by the Member of these Terms, or of any claim or action brought in connection with the Delivery Service; any information the Member provides via the Platform or any other communication with any other Visitor; and/or infringement of Intellectual Property Rights or any right of a third party.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 BoxHaul and/or BoxHaul’s licensors own all intellectual property rights in and to the Platform.11.2 BoxHaul hereby grants the Visitor a non-exclusive, non-transferable limited licence to use the intellectual property rights in the Platform only for the purpose of using the Platform in accordance with these Terms.11.3 The Visitor may print copies and download extracts of any page(s) from the Platform for their personal reference and to draw the attention of others within their organisation to material posted on the Platform.11.4 Save as otherwise expressly set out in these Terms, the Visitor is expressly prohibited from:
(i) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Platform including without limitation, any information, articles, photographs, images or submissions made available to the Visitor using the Platform; and
(ii) removing, modifying, altering or using any registered or unregistered marks/logos/design owned by BoxHaul and/or BoxHaul’s licensors, and doing anything which may be seen to take unfair advantage of, or that may damage, the reputation and goodwill of BoxHaul or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to BoxHaul.11.5 If a Visitor prints off, copies or downloads any part of the Platform in breach of these Terms, their right to use the Platform will cease immediately and they must, at BoxHaul’s request, return or destroy any copies they have made.11.6 The Member hereby grants BoxHaul a non-exclusive, perpetual, irrevocable, transferable, sub-licensable and royalty-free licence to process, edit, remove, and use all Reviews, Submissions and Accreditations (and any intellectual property rights therein) on the Platform for any purpose whatsoever.
12. DATA PROTECTION AND PRIVACY
(i) act strictly in accordance with the Member’s lawful and reasonable instructions (which may be received via their use of the Platform and/or services) unless applicable law requires otherwise, in which case BoxHaul shall inform the Member of that legal requirement before processing (unless that law prohibits such information on important grounds of public interest). BoxHaul shall inform the Member if it becomes aware of an instruction by the Member that, in BoxHaul’s opinion, infringes the Data Protection Laws;
(ii) ensure that its personnel that are authorised to process the personal data in connection with the provision of the Platform and/or services, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
(iii) implement appropriate technical and organisational security measures to protect the personal data in accordance with Data Protection Laws;
(iv) enable the Member to access, rectify, erase, restrict and transmit any personal data processed by BoxHaul on their behalf;
(v) if a data subject requests information from BoxHaul concerning the processing of personal data by a Member, promptly forward the request to the Member;
(vi) provide reasonable assistance to enable BoxHaul to comply with the Member’s obligations under Data Protection Law, including using appropriate technical and organisational measures to assist the Member in responding to data subject access requests; and
If the Member chooses, or is provided with a user identification code, password or any other piece of information as part of BoxHaul’s security procedures, the Member must treat such information as confidential, and they must not disclose it to any third party. BoxHaul has the right to disable any user identification code or password, whether chosen by the Member or allocated by BoxHaul, at any time, if in BoxHaul’s opinion the Member has failed to comply with any of the provisions of these Terms. The Member agrees that they shall not use identification codes or passwords of another person or entity without BoxHaul’s permission.Whilst BoxHaul agrees to keep confidential any information of the Member which is, or should by its very nature be, treated as confidential, in the event that BoxHaul is required to disclose such information in accordance with law or regulatory authority (e.g. to HMRC in respect of Value Added Tax), BoxHaul shall not be prevented by clause 12 or this clause 13 from doing so.
All notices given by the Member to BoxHaul must be given to BoxHaul using the contact details set out in the Platform. BoxHaul shall give notice to the Member by posting details on the Platform, by using the mobile phone number, e-mail or postal address the Member provided on registration, or such other e-mail or postal address as the Member notifies to BoxHaul in writing from time to time. By continuing to use the Platform, the Member agrees to BoxHaul notifying them by SMS, email or post using the contact details the Member has submitted to us for the purposes for which you have granted BoxHaul.Notice will be deemed received and properly served immediately when posted on the Platform, 24 hours after an SMS or e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
16.1 These Terms and any document expressly referred to in them constitute the whole terms between the Member and BoxHaul and supersede any previous arrangement, understanding or terms between the Member and BoxHaul relating to the subject matter of these Terms. Each party acknowledges that, in entering into these Terms, (and the documents referred to in it), neither of them has relied on any statement, representation, assurance or warranty (“Representation”) of any person (whether a party to these Terms or not) other than as expressly set out in these Terms.16.2 Each party agrees that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
17. VARIATION OF THESE TERMS
BoxHaul may amend these Terms at any time on the provision of notice in writing or via publication of the updated Terms on the Platform. The Member’s continued use of the Platform (whether wholly or partly) shall be deemed as their acceptance of such change(s) in respect of the updated or revised Terms. If the Member does not agree with the changes to these Terms, they may terminate their agreement with BoxHaul by notice in writing or by email.
18. FORCE MAJEURE
BoxHaul shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to any of the following:
(i) Acts of God, flood, earthquake, windstorm or other natural disaster;
(ii) epidemic or pandemic;
(iii) war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;
(iv) terrorist attack, civil war, civil commotion or riots;
(v) nuclear, chemical or biological contamination or sonic boom;
(vi) any law or government order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent;
(vii) fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the party seeking to rely on this clause or companies in the same group as such party) or adverse weather conditions;
(viii) interruption or failure of utility service, including but not limited to electric power, gas or water;
(ix) any labour dispute, including but not limited to strikes, industrial action or lockouts;
(x) non-performance by suppliers or; and
(xi) collapse of building structures, failure of plant machinery, machinery, computers or vehicles.
19. LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
20.1 If BoxHaul fails at any time to insist upon strict performance of the Member’s obligations under these Terms, or if BoxHaul fails to exercise any of the rights or remedies to which BoxHaul is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Member from compliance with such obligations. A waiver by BoxHaul of any default shall not constitute a waiver of any subsequent default. No waiver by BoxHaul of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Member in writing.20.2 BoxHaul reserves the right to use third-party suppliers or sub-contractors at any time and in any way in respect of the performance of BoxHaul’s obligations under these Terms.
SECTION B: SHIPPERS
This Section B shall apply to each Member when they are acting in their capacity as a Shipper. The Member is a Shipper when they request Delivery Services via the Platform, referred to herein as “posting a load” or making a direct booking.
1. BOOKING PROCESS
1.1 When a Shipper posts a load, the details of their request will be made available to one or more specified Hauliers (“direct booking”) or all Hauliers (“posting a load”) via the applicable Platform.1.2 In the case of the Shipper posting a load, one or more Hauliers may provide the Shipper with a quote setting out the charges and other terms applicable to the provision of the Delivery Services based on the information in the Shipper’s request (“Quote”) via the Platform. Upon acceptance of a quote, the Shipper will place an order confirmation through the Platform with the Haulier for performance of the Delivery Services (a “Booking”).1.3 In the case of the Shipper making a direct booking, the Haulier(s) will agree in writing with the Shipper the charges and other terms applicable to the provision of the Delivery Services. Agreement between the parties of such terms and logging of the delivery on the Platform will create a “Booking”.1.4 The Platform allows for the automated placing of Bookings between a Shipper and a Haulier without any human intervention by BoxHaul. Quotes are based on the information the Shipper provides when posting a load for delivery and details of the Delivery Services are recorded when the Shipper and Haulier agree the terms of the Delivery Services. BoxHaul does not check the Shipper’s request, the Quote or any of the terms and conditions applicable to a Booking. It is therefore essential that the Shipper correctly enter all details required for the Booking so that the correct Delivery Services and charges are displayed, and that both the Shipper and the Haulier check all Quotes and other terms and conditions of Delivery Services carefully.1.5 A contract for the Delivery Services will only be formed between a Shipper and a Haulier where the Shipper accepts the Haulier’s Quote or the Shipper and Haulier agree terms and conditions for the provision of the Delivery Services.1.6 The Shipper acknowledges and agrees that once the Shipper has accepted a Quote from a Haulier or agreed terms and conditions to purchase a Delivery Service, this will constitute a binding contract between the Shipper and the Haulier on the terms set out in the applicable Quote or as otherwise agreed between the Shipper and the Haulier, and that the Shipper shall comply with the Delivery Agreement in respect of such Booking.1.7 The Shipper is responsible for making payment to the Haulier via the BoxHaul platform, in accordance with the payment terms agreed at the time of booking.1.8 The Shipper shall comply with all policies and guidelines of BoxHaul.
2. SHIPPER OBLIGATIONS AND PROHIBITIONS
2.1 All information uploaded onto the Platform by the Shipper shall be in the format required by BoxHaul and shall relate strictly and solely to the Delivery Services.
The Shipper is strictly prohibited from:
(i) posting loads or making Bookings on behalf of any other person or organisation; or
(ii) posting loads or making direct bookings where the transportation of such load would be unlawful or likely to cause loss or damage to any party.2.2 The Shipper shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all email addresses and telephone numbers) that came into the Shipper’s possession through the Shipper’s use of and activities on the Platform, nor will the Shipper disclose such personal information to any third party without BoxHaul’s express written consent. Furthermore the Shipper shall not include in any information uploaded to the Platform or any other communication with Hauliers a link to any URL located outside the Platform, nor any advertising for any product or service.
3. SUSPENSION AND TERMINATION
3.1 In the event of termination of this agreement or suspension or termination of the Shipper’s access to the Platform, the Shipper shall make full payment for all Bookings made through the Platform on or before the date of termination or suspension.
SECTION C: HAULIERS
This Section C shall apply to the Member when they are acting in their capacity as a Haulier. The Member is a Haulier if they respond to a request for Delivery Services via the Platform.
1. BOOKING PROCESS
1.1 When the Haulier sees a request via the Platform, the Haulier has the option to provide a quote to the Shipper via the Platform, which BoxHaul’s Commission (“Boxhaul Container Fee”) is applied on, with the total amount setting out the charges to provide the Delivery Services (“Quote”). This shall constitute a contractual offer to the Shipper to perform the Delivery Services on the terms set out in the Quote or otherwise agreed between the Haulier and the Shipper.1.2 When a Shipper approaches the Haulier with a direct booking, the Haulier may agree in writing the terms of the Delivery Services with such Shipper.1.3 The Platform allows for the automated placing of Bookings between the Haulier and a Shipper without any human intervention by BoxHaul. BoxHaul does not check the Shipper’s request or the Haulier’s Quote or any other terms and conditions applicable to the Booking. It is therefore essential that the Haulier carefully reviews all details of the request, and checks each Quote carefully before sending it to the Shipper and all other applicable terms and conditions carefully before agreeing them with the Shipper.1.4 The Shipper’s acceptance of a Quote, or agreement between a Shipper and the Haulier of the terms and conditions for the performance of Delivery Services, will place a booking with the Haulier for the Delivery Services through the Platform (a “Booking”) and a contract for the Delivery Services will be formed between the Haulier and the Shipper.1.5 The Haulier acknowledges and agrees that once a Quote has been accepted by the applicable Shipper, or terms and conditions agreed between a Shipper and the Haulier, to engage the Haulier to provide a Delivery Service, this will constitute a binding contract between the Haulier and the Shipper on the terms set out in the applicable Quote or otherwise agreed between a Shipper and the Haulier, and that the Haulier shall comply with the Delivery Agreement in respect of such Booking.1.6 The Haulier is responsible for performing the Delivery Services.
2. HAULIER OBLIGATIONS AND PROHIBITIONS
2.1 All information uploaded onto the Platform by the Haulier shall be in the format required by BoxHaul and shall relate strictly and solely to the Delivery Services.2.2 The Haulier shall comply with all policies and guidelines of BoxHaul. BoxHaul’s policies can be provided to the Haulier in writing. BoxHaul may make amendments to these policies from time to time and notice of such amends will be provided via the Platform.
The Haulier is strictly prohibited from:
(i) providing their contact information during their performance of the Delivery Services unless otherwise formally authorised by the Shipper to communicate directly with any specified stakeholder associated with the completion of the Delivery Service;
(ii) co-loading between Shippers without each Shipper’s written permission; or
(iii) holding goods to ransom.2.3 The Haulier shall not conduct any direct marketing using any information (which, for the avoidance of doubt, shall include all email addresses and telephone numbers) that came into the Haulier’s possession through the Haulier’s use of and activities on the Platform, nor will the Haulier disclose such personal information to any third party without BoxHaul’s express written consent. Furthermore, the Haulier shall not include in any information uploaded to the Platform or any other communication with any Shippers any link to any URL located outside the Platform, nor any advertising for any product or service other than the Haulier’s Delivery Services.
3. ADDITIONAL WARRANTIES
3.1 The Haulier hereby warrants, represents and guarantees that the Haulier has the right to promote, sell and distribute its Delivery Service(s).3.2 The Haulier warrants, represents and guarantees that the Haulier shall comply with all applicable legislation in respect of the service information and that the service information shall not infringe any intellectual property rights, or any other rights of any third party.
4. SUSPENSION AND TERMINATION
In the event of termination of this agreement or suspension or termination of the Haulier’s access to the Platform, the Haulier shall fulfil all Bookings placed with the Haulier through the Platform on or before the date of termination or suspension.
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