BidShip User Agreement
Means the cost that would be levied by BidShip for the use of the domain where the conditions as stated in the refund clause was met which makes the transporter agreement null and void. These fees will be deducted from the refund first before refunding the shipper.
Means this document and describes the terms by which BidShip offers you access to our domain. It sets out the terms and conditions applicable to participants making use of our services offered under the www.BidShip.co.za domain. The User Agreement constitutes a legally binding agreement between yourself and the company which is a legal and binding agreement from the day of acceptance of agreement. This agreement includes the conditions of carriage of goods by road as stated in the agreement which would be a binding agreement between the shipper and the transporter upon the acceptance of the BidShip user Agreement.
Means process where the transporters indicate their willingness to ship the consignment on behalf of the shipper. This is a transparent process based on the acceptance criteria of the shipper e.g. price, on time delivery etc.
Means the cost incurred to recover outstanding matching fees and is not limited to attorney, administration and cost of collection agents.
Means BidShip (Pty) Ltd registered under the Companies Act 71 of 2008 registration number 2015/085355/07.
“Conditions of Carriage of use”
Means the wording as stated in the BidShip user agreement (this agreement) which is a legal and binding agreement between the shipper and the transporter. This agreement becomes applicable upon the acceptance of the bid. If the shipper has a agreement and the transporter accepts the transport agreement the conditions of carriage of use is explicitly excluded and the transport agreement would come in effect.
Means the load specifications as specified by the shipper on the BidShip domain and the goods the transporters will ultimately bid on and deliver service once bid is accepted.
Means the website www.BidShip.co.za. This agreement applies on any of our domains and is always the agreement that appears in the footer of each website.
Means data attached to, incorporated in, or logically associated with other data and which is intended by the user to serve as a signature;
Means the actual shipments loaded by the shippers onto the BidShip domain and the goods/services transporters can ultimately bid on.
Means the fees payable to BidShip for a successful listing between the shipper and the transporter
Means no collection or non-delivery on the side of the transporter.
Means both the shippers and transporters who make use of the BidShip domain.
Means the personal identification number assigned to the participant upon registration and serves as the client’s electronic signature in accordance with the Electronic Communications and Transactions Act 25 of 2002.
Means the online platform provided by BidShip where transporters and shippers meet. BidShip is NOT a transportation service provider, transport company, freight forwarder or broker. The platform provides an integrated platform where shippers and transporters can transparently offer their goods and services. BidShip is not party to the shipping agreement and actual shipping transaction.
“Terms and conditions”
Means these terms and conditions that bare reference to the services offered and available on the BidShip domain. Participants to ensure that they read and understand these terms as stated in this User Agreement or any other agreement related to this agreement before they opt to join. Once the participant enrolled, accessed and start using the site they are bound to these terms and conditions. If they do not accept these terms of service access would be disallowed and users won’t be able to make use of the services offered on domain.
Means entity that provides the transport service and bids on the consignment loaded by the shipper on the domain.
Means entity or juristic person responsible for capturing the load specifications of the consignment on the BidShip domain and requesting service from the transporter.
Means the agreement between the shipper and transporter to which BidShip is not a party to.
TERMS OF SERVICE
- BidShip’s responsibilities
- BidShip provides an integrated platform which serves as an open market place where shippers and transporters can meet and enter into agreements based on the free market principles. BidShip is not a party to or involved in the actual transportation transaction between shippers and transporters.
- The company has no control over the quality, safety, or legal aspects of the transactions that take place on the domain. BidShip would as far as reasonably possible try to validate the legitimacy of the transporters with respect to their license, insurance and registration. Although BidShip does best effort to validate the legitimacy of the transporters it would ultimately still not take any responsibility for any breaches between the shipper and transporter.
- The domain offers a digital platform (marketplace) where transporters and shippers can meet and agree on the price and the terms of the shipment service offered. BidShip provides the platform only and does not provide any security on the service provided by the transporters. By accepting these terms you acknowledge and agree that BidShip do not provide the shipping services and are in no way responsible for assisting in the provision thereof.
- BidShip in no way guarantees the ability of shippers to complete payment for any services. Due to the difficulty of individual authentication, especially on the Internet, we will not in any manner verify or validate the identification or ability of shippers to pay for the provided services. BidShip will not act as a collections agent and any payment disputes must be dealt with by the participants or parties directly involved in the transportation service.
- By accepting the terms you acknowledge and agree that any warranties, representations, transport terms, communications or correspondence, verbal or written relating to the shipment services are not furnished and guaranteed by BidShip.
- The shipment agreement is solely between the transaction participants. BidShip is in no way involved in the actual agreement between shipper and transporter and therefor has no control over the correctness of listings or the capability of transporters to transport the consignment. BidShip cannot guarantee or certify that a shipper or transporter will complete the shipment as stated in the underlying shipment agreement.
- BidShip reserves the right to edit, amend, or delete any personal contact information that members submit on our site and will ultimately not take responsibility for the integrity of any listings on the BidShip platform.
- BidShip’s Fees
- There are currently no joining fees or yearly licencing fee for both shipper and transporter. There are also currently no listing fees. Transporters are charged a base commission fee of 15% of the accepted consignment bid value (exclusive of VAT). The percentage is based on the accepted quote price.
- The fixed fee percentage may be amended from time to time for non-adherence or unethical behaviour by transporters in line with the terms of the user agreement.
- Once user agreement is accepted you agree to the fee as outlined in this agreement. BidShip will not be held liable for the repayment of any fees due to misinterpretation of the user agreement.
- Currently the domain operates within the Republic of South Africa only and fees are payable in ZAR only. BidShip’s fee is only payable by the transporter once the shipper accepts the bid within the borders of RSA.
- Transporters are solely and independently responsible for paying all fees accrued from making use of our domain as well as all applicable taxes.
- By accepting the terms of the user agreement you agree that you are at least 18 years of age and agree that you have the necessary capacity to enter into legally binding contracts under applicable law. If BidShip becomes aware of any limitations that prevents participant from entering into legal agreements the access of such entity or juristic person will be either revoked or suspended.
- Our services are not available to suspended (temporary or indefinitely) BidShip members and such members would need to adhere to suspensive condition/s first before they would be re-allowed onto the BidShip domain.
- BidShip membership is non - transferrable and BidShip would take no responsibility where participants transferred their BidShip login details, or where these details were obtained via theft or fraud. Please be advised to not disclose your BidShip password or any BidShip account details to any third party. Participants will be held responsible for any transactions or activities that occurred on our domain with your login particulars.
- When registering on behalf of a business entity, you certify that you have the necessary authority to bind the entity to this agreement in accordance with the delegation of authority of that entity (commonly referred to as a Duly Authorised person or representative of the Company).
- Members who engage in the transportation of goods must be legally fit and have the necessary documentation and a valid driver’s license to operate the vehicle they intend to use.
- You agree that the domain will be used for shipment services and you guarantee agree that you will not use your participation on the BidShip domain as a means to sell or market any types of goods or products, unless specifically allowed by BidShip.
- BidShip has the right to revise and amend terms of service from time to time. BidShip reserves the right to waive or change our fees, penalties, or interest at any time.This may be communicated to members via email, message centre or by posting the amended terms on this site. Except from explicitly excluded, all amended terms shall automatically be effective once they are posted. Once notice is given of any changes to these terms and conditions you can choose to cancel your registration without penalty before the new terms takes effect.
- You also consent and authorise us to in our sole discretion make appropriate reports to 3rd party credit collection agencies, credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
- Statement will be issued in the name of the transporter with the shipment details. The statement will be issued once the shipper accepts the bid and once the listing goes on “reserve status”. Listing will remain on this status till payment was finalised.
- Once Bid is accepted by the shipper the shipment would be on “reserve status”. Dependent on the underlying payment terms agreed with the transporter and shipper the BidShip team will change the status to “Accepted”
- Once the shipment is on “Accepted” Bid the terms and conditions of this user agreement will be enforceable.
- Shippers that don’t have an agreement in place regarding terms of payment would need to make the payment of the full listing fee upfront to have the status of Bid accepted.
- BidShip does not warrant the quality of the delivery and whether the listing conditions were met and the parties (Shipper and Transporter) would need to dispute this in their own capacity. BidShip is not a party in the transportation agreement and refunds will only be made if they qualify in accordance with the refund clause (Clause 6). BidShip will under no circumstance act as a collection agency or mediator between the participants that uses the domain.
- Refund on the listing fee will only be applicable if there is either a no collection or non-delivery on the side of the transporter which constitutes a breach of transport service and make this user agreement null and void.
- Shippers will be credited with a 50% of the listing fee once non-collection or non-delivery is confirmed. Refund fee of 10% of the listing amount (administration cost) would be deducted from the rest of the listing fee first and the rest would be credited to the shippers nominated account
- The above mentioned conditions are the only conditions that would constitute a refund in terms of the listing fee as the agreement would be null and void (No Show).
- Formation and validity of Agreement
- Once this user agreement is accepted and approved by participant by entering your pin (electronic signature) this agreement becomes legal and the terms and conditions are enforceable.
- You also acknowledge by the acceptance of the user agreement you only acquire access to the BidShip domain and the use of the service in relation to the matching services.
- This does not imply any other relationship between BidShip and yourself. BidShip will only provide access to the integrated online marketplace and is NOT a party to the underlying shipment agreement. There is no affiliation between BidShip and yourself apart from providing the domain.
- Outstanding Matching Fees
- Matching fees will be payable to BidShip for any successful matching between the shipper and the transporter. The matching fees are explained under section 2 (BidShip fees) and are payable once there was a successful match.
- If for any reason BidShip has not received a payment or part thereof or a payment was cancelled, participants would be temporarily or permanently removed from the site dependant on the seriousness of the offence.
- BidShip will also issue a warrant for payment and hand participants over if payment is not received within 30 days after the warrant for payment was issued. You also acknowledge that BidShip can charge additional collection fees for cost that was incurred to recover outstanding fees.
- Interest will be payable on the outstanding principal amount and will be accrued at a rate of prime plus 5% of the principal outstanding debt on a daily basis. Outstanding amounts including interest for principle debt would be payable to BidShip.
- Force Majeure
- In the event that either party is unable to perform its obligations under this agreement as a result of a force majeure, neither party shall be liable to the other for direct or consequential damages resulting from lack of performance. “Force Majeure” shall mean fire, earthquake, flood, act of God, strikes, work stoppages, or other labour disturbances, riots or civil commotions, litigation, war or other act of any foreign nation, power of government, or governmental agency or authority, or other emergencies including the closing of the college, which make it inadvisable or impossible to hold the contracted terms of this agreement. It is understood that this agreement may only be terminated by one or more of these reasons by written notice from one party to the other, and is at the sole discretion of the College for its approval or denial. The parties agree to provide written notice as soon as possible.
- Cancellation fees
- Cancellation occurs where either the transporter or shipper cancels the agreed listing after the Bid was accepted but at least 6 hours before the scheduled transportation takes place. Cancellations might occur due to various reasons which do not concern BidShip as we are not a party in the agreement and it is for resolution between the parties involved in the actual listing.
- BidShip is not a party in the actual Conditions of Carriage of use Agreement/Transport Agreement and only provides the platform to accommodate the listing.
- BidShip would inform the other party of the cancellation of the listing to which they would have 24 hours to respond to. The party may either accept or dispute the cancellation.
- BidShip would not review any cancellations or the reasons for dispute; however the response would be send to the party that initiated the cancellation.
- If the notified party accepts the cancellation the listing will be cancelled and the shipper can decide whether they want to re-list or delete the listing.
- BidShip will refund 90% of accepted bid price to the shipping participant in case of a successful cancellation claim.
- Where payment was made via credit card or a 3rd party payments service provider BidShip would debit the shipping participants accounts with 10% of the total transaction value of the shipment.
- Suspension Participant access
- BidShip reserves the absolute right to discard, revoke or suspend (collectively suspension) any access to the BidShip Domain if participants do not adhere to the acceptance criteria or suspensive condition might arise during membership.
- The BidShip team can remove participants from the site at any time without notification and without providing reasons for the suspension. Suspensive conditions that may result in the suspension of your access can include but is not limited to:
- Using the BidShip for activities outside the scope of the marketplace
- Non adherence to payment terms or non-payment in full
- Fraudulent information
- Factors that prevent you from entering into legally binding contracts under applicable law
- Non delivery or non-collection on promised services (No Show)
- Inappropriate communications on the domain or the BidShip team as stated in clause 16.
- Participant Indemnification
- To the fullest extent permitted by Law, by accepting this agreement you acknowledge that you indemnify and won’t hold BidShip Pty (Ltd) liable, including its current and former, directors, employees, volunteer workers, agents, associates from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out your negligence or out of breach of the Conditions of Carriage of use Agreement / Transport Agreement.
- Should any disputes arise from the Conditions of Carriage of use Agreement you discharge BidShip from any claims, demands, disputes or any damages relating to disputes based on the Conditions of Carriage of use Agreement / Transport Agreement.
- BidShip provides the online market place only and is not a party in the actual transport/shipment agreement.
- Shippers Responsibilities
- As shipper it is your responsibility to load the details of the listing accurately and any material misrepresentation may make the agreement non enforceable.
- By accepting these terms you acknowledge that you are at least 18 years of age and agree that you have the necessary capacity to enter into legally binding contracts under applicable law.
- You acknowledge that you won’t transfer your membership to anyone or share your log in details as BidShip would takes no responsibility where participants transferred or shared their BidShip login details, or where these details were obtained via theft or fraud.
- You also acknowledge that you won’t disclose your BidShip password or any BidShip account details to any third party and take full responsibility where transactions or activities occurred on our domain with your login particulars.
- When registering on behalf of a business entity, you certify that you have the necessary authority to bind the entity to this agreement in accordance with the delegation of authority of that entity (commonly referred to as a Duly Authorised person or representative of the Company).
- As a shipper you are obligated to complete the transaction with the transporter if you accepted the quote and you agree to be bound to the shipment agreement unless the transaction is prohibited by law or the terms of this agreement.
- You offer the transporter the right to inspect the shipment before shipping takes place.
- BidShip does not screen or qualify transporters for compliance it is recommended that you confirm such compliance directly with the transporter before services are rendered.
- Transporters Responsibilities
- As a transporter you agree to comply with all applicable laws, statutes and regulations regarding the domain and any transactions conducted on or through the website.
- You agree that you are legally able to transport the shipment that you have quoted on and you agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, national and international licensing requirements.
- A minimum of R 500 000 GIT (Goods in transit) insurance is required to be in place for any single conveyance or shipment transaction.
- Any misrepresentation during the registration process or submission of information regarding your insurance, licencing and registration details will be seen as a breach of this agreement and this warrants suspension of the BidShip services.
- You acknowledge that BidShip domain only provides you with the platform where you can bid on listings loaded by the shipper and that BidShip cannot ensure that the shipper will accept your bid.
- You acknowledge that you will disclose any information that might be materially important when bidding on a shipment and therefore disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges.
- BidShip reserves the right to suspend or cancel your account at our sole discretion if you use the domain for any purposes other than bidding on the domain for available listings.
- Your quote must be relevant to the description of the shipment.
- If you quote on any delivery and the shipper accepts your bid, you are obligated to perform the services offered in your quote at the accepted quote price.
- By accepting the terms and conditions you hereby acknowledge and authorise BidShip to charge the BidShip match fee when the shippers accepts your quote.
- BidShip may not be held liable for any misrepresentation by the shipper and any details that are not accurate will be a dispute between the shipper and transporter.
- You warrant that you, or any individuals associated with you who will perform the transportation services, have not been convicted of a crime and that there is no legal proceedings; criminal, civil or administrative, instituted against you that will prevent you from performing the services.
- You expressly authorise us to release your registered contact information should BidShip be contacted by a shipper who claims to have a dispute with you regarding the services and they request your contact information. You also agree to release us from any and all liability associated therewith.
- Governing Law
- These terms shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
- If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
- Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of the Republic of South Africa. You and BidShip both agree to submit to the non-exclusive jurisdiction of the South African Courts.
- By accepting the terms you acknowledge that You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
- Submission of Information
- You solely are responsible for any information you provide on the domain and will be held liable for any misrepresentations. You agree to use your judgment when listing any online information.
- You assume legal responsibility for all damages incurred as a result of any of your online information and the information provided won’t be outside of the scope of use of the Domain.
- Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent and you hereby acknowledge that you will not provide contact information to other members for the purpose of bypassing the BidShip matching fees.
- You authorise BidShip to use the information you supply to us in connection with our services and in accordance with this Agreement to enhance our services.
- The BidShip website acts as a channel for distribution of information and BidShip don’t have any control over the content of any information.
- BidShip does not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information.
- BidShip reserves the right to remove or restrict any communication or information that that is in violation of this Agreement, illegal, threatening, promotes violence or in contravention with the fundamental rights of our participants.
- Any suggestion, idea, or proposal on how BidShip can improve its service or the online Marketplace will be considered by the BidShip team as non-confidential and BidShip shall have no contractual obligations concerning the submission thereof or the obligation to keep the information confidential and participants would have no compensation right of any sort.
- Confidentiality Agreement
- Confidential Information includes all material non-public business-related information, written or oral, disclosed or made available to the participants, directly or indirectly, through any means of communication or observation or access to the BidShip domain by BidShip or any of its affiliates or representatives to or for the benefit of the participant.
- Confidential information may be any information regarding BidShip and may include, but not limited to, our business processes and procedures, day-to-day business operations, systems, current and future strategies, marketing information, financial information, software, technologies, and any other aspects relating to our business
- The participant shall hold all Confidential Information in confidence in accordance with the terms of this agreement.
- The participant shall use confidential Information solely for the purpose of providing the services. You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information.
- The Agreement may be terminated forthwith by either party giving notice in writing if the other is in material breach of the terms of this Agreement has failed to remedy the breach (where the breach is capable of being remedied) within 30 days’ notice in writing requiring it to do so;
- The Agreement may be terminated on 30 days’ notice given in writing; save that such right shall not be exercised within 12 months of the date of this agreement.
- BidShip may also terminate or suspend access to our domain immediately, without prior notice or liability, for any reason whatsoever if the breach any terms of this agreement was of a serious nature.
- All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
- We may use the information to customize the website according to your interests.
- We may provide your information to our third party partners for marketing or promotional purposes.
- We will never sell your information.
- BidShip will not be responsible for any tax returns on behalf of the participants and it remains the sole responsibility of the participants to collect and remit any or all taxes associated with the transport transactions or with the use of the domain.
- Participants who avoid tax payments through the use of the BidShip service will be handed over to authorities if BidShip becomes aware of the fact.
- Listing/posting on the BidShip Domain
- BidShip reserves the right to edit, amend, or delete any information posted on the site if, in the sole opinion of BidShip, the postings that contains:
- Sanctions, Promotes or glamorises violence and unlawful conduct
- Unlawful conduct based on race, national or ethnic origin, colour, religion, gender, sexual orientation, age or mental and physical disability
- Material that is harmful to children
- Material that promotes explicit violence and/or sexual conduct and nudity
- Pornography as well as child pornography
- Marketing and sales efforts or listings that is out of scope of the service offered on the domain
- The above list will be deemed unacceptable and will be amended or removed by BidShip.
- Record Keeping/Audit
- BidShip reserves the right to keep all records that were used to establish the information of participants or any details relating to the transactions between participants for administration purposes.
- These records may be kept for a period of at least 5 years from the date of the last transaction.
- BidShip uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilise several different security techniques to protect data from unauthorised access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside of our control.
- Any dispute, controversy or claim arising out of or relating in any way to this agreement including without limitation any dispute concerning our services, validity, interpretation, intellectual property, enforceability or breach of the agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration.
- The parties will attempt to settle it by mediation in accordance with the Arbitration Foundation of Southern Africa (“AFSA”).
- In the event of a dispute, controversy or claim arising out of or relating in any way to the agreement, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith.
- Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
- This clause excludes legal action taken by BidShip to collect our fees and/or recover damages
- Dispute Resolution
- Disputes between you and BidShip regarding our services should be reported BidShip Support (info@BidShip.co.za) pertaining disputes between BidShip and yourself relating to the listing services offered by Bid Ship and will attempt to resolve any disputes.
- BidShip is an online market place and offers an integrated platform where shippers and transporters meet. BidShip is not responsible for resolving any disputes between the participants regarding the transportation services.
- Should participants report disputes to BidShip, we will make every effort to help participants to communicate and make available your contact information to a participant that have a dispute regarding the transportation services.
- BidShip may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site. Members may not manipulate the quote prices for any shipment or interfere with other members' listings or transactions.
- Participant may not request payment from another BidShip participant outside the BidShip platform to bypass the payment of matching fees or an attempt to collect additional charges from members.
- Charge members a higher price that was agreed upon on the BidShip website there will be no payment on delivery as payment will be made when service is initiated.
- Accepted quote price must include all charges and include taxes, fees, etc.
- Communication or correspondence or any actions by a participant to by-pass or avoid the Matching fee of BidShip which will be included in the accepted quote price.
- BidShip prohibits offers by its participants to transport listed shipments, or to offer listed shipments for transport, outside of the BidShip site. Offers of this nature circumvent BidShip’s fee structure and are a potential fraud risk for both shipping shippers and transporters.
- Participants are not allowed to complete personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses on the BidShip platform through its shipment listing or anywhere else on the platform.
- BidShip website is an integrated platform where shippers and transporters meet and you acknowledge that all transactions for services are made by and between you and other members and therefore, BidShip cannot and will not make any comments on behalf of you or your services.
- You herby also acknowledge that you won’t use the BidShip website for your own personal or business website, to any other third party or use the website as a marketing platform.
- Take full responsibility for any information provided or any actions of employees that access the BidShip platform on your behalf.
- Limited Liability
- We try to keep BidShip and its sites, services, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our domain.
- You further acknowledge that operation and access to our domain, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control (refer to clause 9).
- Participants making use of our domain agree to use the domain at own risk and BidShip won’t be liable for any viruses or malicious software obtained as well as any errors when accessing our domain.
- You agree that in no event will BidShip be held liable to you for any damages, lost profits, lost savings, Incidental, Indirect, Special or Consequential damages, arising out of your use or inability to use the BidShip domain, services, software or tools when accessing the domain. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
- BidShip will not be held liable for the content, actions, or inactions of third parties, including items listed using our domain.
- Protection of Intellectual Property
- BidShip intellectual property includes the website, any copyrighted material, design rights, patents, inventions, logos, business names, service marks and trademarks, Internet domain names, moral rights, rights in databases, data, source codes, reports, drawings, specifications, know how, business methods and trade secrets, applications for registration, and the right to apply for registration, for any of these rights and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world
- By accepting the user agreement you acknowledge that your use of this website is for the online market place service only and you shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose.
- All Intellectual Property Rights belonging to BidShip prior to the execution of this Agreement shall remain vested in BidShip.
- None of the Intellectual Property Rights in BidShip’s trademarks and brands shall be used by the Participants for any purpose without BidShip’s prior written consent.
- BidShip is the sole owner of the BidShip trademarks, service marks and copyrights and you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to you by accessing the site or making use of the BidShip domain or acquired by you pursuant to the execution, performance or non-performance of this Agreement.
- Feedback and Rating
- For each BidShip transaction, the shipper are allowed to rate the transporter after each consignment by leaving feedback for one another. Feedback consists of leaving a rating along with a short comment about your experience with regards to the shipping experience with the transporter.
- Comments are made available for the community to read in the profile section. You agree that you will not use your BidShip feedback in any venue other than BidShip.
- Members should always use caution and good judgment when leaving feedback for another member because, members could be held legally responsible for damages to a member's reputation if a court were to find that the remarks constitute libel or defamation of character.
- BidShip does not censor feedback or investigate it for accuracy, BidShip is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this does not exclude the person who leaves the feedback on the site and might be held accountable.
- To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member's profile. Feedback comments cannot be edited at a later date. Members should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another member, or that may have been left for you.
CONDITIONS OF CARRIAGE OF GOODS AGREEMENT
- Carriage undertaken subject to conditions of carriage
BidShip (Pty) Ltd) shall not be a public common carrier to the carriage of goods forming the subject matter of this agreement, and any goods to be carried are accepted subject to the conditions contained herein and this agreement is the only agreement entered into between the shipper and transporter (collectively referred to as parties). BidShip is an online market place ONLY. No variation of this agreement shall be of any force or effect unless reduced to writing and signed by the parties or shipper agreed to the shipping agreement of the transporter upon acceptance of the quotation.
All transport activities (apart from the online bidding platform) carried out in terms of the shipping agreement, including the loading, off-loading, packing, storing and/or safekeeping of any and all goods, is done at the exclusive risk to the owner of such goods (shipper). BidShip is not responsible for any loss and/or damages, including consequential damages, which the owner may suffer as a result of the performance of service by the transporter in terms of this contract. In particular, it is agreed that BidShip accepts no liability which the shipper may suffer, even if such damages are caused negligently.
- Notwithstanding the aforesaid exclusion of liability, the transporter has a goods in transit policy covering:
- Fire, explosion, malicious damages, earthquake, lightning, overturning or collision of the conveying vehicle including theft following any of these events, falling from conveying vehicle loading and/or unloading
- Theft following violent and forcible entry into the conveying vehicle and/or theft following assault or violence or the threat of violence to the Transporter or any employee of the Transporter Whilst in the Republic of South Africa, Namibia, (including any newly independent State formerly within the Republic of South Africa or Namibia) Botswana, Lesotho, Malawi, Zimbabwe and Swaziland.
- Load limit: R 750 000.00 ZAR – (subject to average conditions) subject to exceptions, conditions and terms of said policy.
- The Transporter will, but without any obligation to do so and without giving any undertakings of whatsoever nature, endeavour to recover for the owner any loss or damage sustained by the owner.
- Notwithstanding anything to the contrary herein contained:
- The shipper shall immediately advise the transporter of any loss or damage and confirm in writing within 7 days after delivery;
- The transporter will not be responsible for shortages, damages of inner contents of packages or within bundles or damage to seals;
- The transporter shall not be responsible for shortage of items if the Transporter’s driver has signed as “quantity not checked”.
- Routes and procedures
The Transporter shall be entitled in its sole discretion to determine the means, procedures and routes to be followed in performing the carriage. The means of transport needs to be stipulated in the quotation and upon acceptance of the bid the shipper agree to the method of carriage.
- Tariffs and quotations
Upon the acceptance of bid by the shipper, the carriage of goods will be performed in accordance with the quotation provided by the transporter. Quotations shall only be valid against and binding upon the transporter once accepted by the shipper on the website and payment can be confirmed by BidShip within 7 days after bid was made by transporter. Failure by the shipper to meet the latter shall put the transporter at liberty to withdraw, vary or revise any quotation. The transporter shall also be at liberty to revise any quotation after acceptance or where such quotation includes charges applicable to the goods and a change occurs in threats of such charges.
Furthermore, the transporter shall be entitled to vary or revise any quotation in the following circumstances:
- In the event of the transporter being obliged to take out or obtain any licenses or permits, or to comply with the requirements of any lawful authority;
- In the event of the shipper increasing the consignment or changing the consignment;
- In the event of the transporter being obliged to deviate from the route selected by it, or to carry the goods over another route, as a result of adverse weather conditions, impassable or dangerous roads and bridges.
- Payment of remuneration transporter
- Unless otherwise agreed between the parties in writing the transporters remuneration shall be payable by the shipper in payment method provided for by the BidShip online platform. The shipper will pay the total amount payable which includes any fees and commissions. This payment needs to happen before transportation commences unless there are alternate arrangements between the parties. .
- If any amount owing by the shipper is unpaid on due date then all other amounts owing by the shipper to the Transporter, whether due and payable or not, shall become due and payable forthwith.
- Interest on overdue amounts shall be charged to the shipper at 3% above the prime bank overdraft interest rate as fixed from time to time and such interest shall be payable by the shipper on demand.
- A certificate by any director of the transporter, whose appointment or authority need not be proved, shall be due and sufficient proof of the amount of the shipper’s indebtedness to the transporter for all purposes and specifically but not limited to obtaining summary judgement or provisional sentence.
- Transporter Lien over goods
The transporter shall have a lien over all goods and documentation for monies due to the transporter in respect of services rendered by the transporter relating to the carriage of the goods.
- In the event of the shipper failing to pay any outstanding, due and payable monies to the transporter, all monies payable by shipper to transporter within the agreed payment terms, the transporter shall have the right to, without notice to the shipper, have the right to:.
- to open and examine any part of such goods; and
- at its option, to sell, either by public auction or private treaty, and at its entire discretion, the whole or any part of the goods; and
- to apply the proceeds of any such sale, after deducting all expense attendant thereupon, in payment of or towards any sum due by the shipper to the transporter; and
- to pay the shipper any surplus, without interest, within 30 days after such sale whereupon the transporter shall be released from liability whatsoever in respect of the goods carried.
- The exercise by the transporter any of the rights accorded to it by this clause shall be without prejudice to any other rights it may have under this agreement or at common law in respect of the non-payment by the consignor of the transporter remuneration.
- Time of delivery
The transporter shall not be liable for any delay or detention of the goods and/or for any loss, damage or deterioration therein, unless the date and time for delivery of the goods is expressly stipulated on the delivery note as being of the essence of the contract. The transporter will be subjected to a rating system and late delivery might be grounds for negative comment by the shipper. All comment received, whether positive or negative, will be translated back into a scoring system which is non-editable by the transporters. BidShip is not the commenting party and will take no responsibility for any negative feedback. Refer to the feedback and rating section for further detail regarding the scoring system.
- Limitation of liability resulting from incorrect address of consignee or failure of consignee to take delivery and handling of goods
- The shipper shall properly and accurately furnish to the transporter the name and address of the consignee and all documents as such of necessity to accompany the goods or such documents as the transporter may require.
- The transporter shall not be responsible nor incur any liability for any loss or incorrect delivery of the goods due to the name and address of the consignee being improperly stated and in the absence of willful default of the transporter shall not to some person other than the consignee in the event of the consignee, or his agent not being present to receive and accept delivery of same.
- In the event of the consignee refusing to accept delivery of the goods in whole or in part, or in the event of the transporter being unable to effect delivery by reason of the address of the consignee being improperly or inaccurately stated;
- and being compelled to return the goods to the consignor then the shipper shall be liable for all costs incurred in the return of such goods whether on the same basis as originally agreed upon or any other basis whatsoever;
- or being compelled to dispose of such goods by reason of their perishable nature or for whatsoever other reason, the transporter shall not be liable for any damage to or loss of such goods or any loss or damage arising out of the disposal thereof and the shipper shall be liable to the transporter for all costs incurred in connection with the disposal of such goods.
- General Indemnity
The shipper indemnifies the transporter against all claims made by third parties against the transporter and against all liability incurred by the transporter to any third party in respect of any loss or damage to the goods from whatsoever cause.
- Shipper to establish condition of goods
- The onus of establishing the condition of the goods at the time of acceptance and delivery thereof by the transporter shall rest on the shipper.
- The transporter has the right to weight the load after it has been loaded to ascertain the mass of the load. In the event of the mass being more than indicated by the shipper or consignor, the transporter will be entitled to increase it’s remuneration in respect of the said load to make provision for any additions that was not specified by the shipper and falls outside the scope of the bid.
- Adequacy of means access and loading facilities
- Access to loading and off-loading sites shall be prepared prior to the arrival of loads to enable safe passage to loading and off-loading points.
- In the event of the conditions referred to in 39.1 not being fulfilled, the transporter shall be free to either resile from this agreement, in which the event the transporter shall not be liable for any loss or damage suffered by the shipper in consequence thereof, or to abide by this agreement.
- Where the transporter elects to abide by this agreement, the transporter shall have the right to use such additional tackle, plant, power equipment or labour as the transporter may in its sole and absolute discretion deem fit, in which event the shipper shall be liable for all reasonable expenses incurred by the transporter in regard to such use, including the hiring thereof, and any such expenses shall be presumed to be reasonable.
- The transporter shall not be liable to the shipper in respect of any damage to the goods arising out of the use of any such additional tackle, plant, power equipment or labour and the shipper indemnifies the transporter against any loss or damage arising out of any injury of the employees or property of the transporter or any third person by reason of any defect in such tackle, plant power equipment or the negligence of such labour.
- The transporter shall not be liable for any damage to goods when it is compelled to unload.
- Jurisdiction of the Magistrate’s court
To be read in conjunction with clause 15. The parties agree that the Law of the Republic of South Africa is the applicable law to the agreement between the transporter and the shipper. The parties further agree to jurisdiction of the Magistrates Court having jurisdiction over it, even though the amount claimed is beyond the jurisdiction of that Court or at the choice of the Company, any High Court having jurisdiction. The transporter shall be entitled to institute any proceedings against the shipper in a Magistrate’s Court having jurisdiction over it, even though the cause of action or amount claimed is beyond the jurisdiction of that Court.
- Attorney and client costs and collection commission
In the event of the transporter instructing its attorney to recover monies from the shipper, the shipper shall be liable for and shall pay all legal costs incurred by the transporter on an attorney-client scale, inclusive of collection commission.
The parties choose as their domicilia citandi et executandi for the service of notices given in terms of this agreement and legal processes the address as registered on the BidShip online platform.
Last Revised Date: 24 October 2015