Customer Terms and Conditions
Terms and Conditions for Customers Using Transbidder's Online Bidding Platform for Reverse Auction Bidding to Transport Machinery
These terms and conditions ("Terms") govern your use of Transbidder's online bidding platform for reverse auction bidding to transport machinery ("Platform"). By accessing and using the Platform, you agree to comply with these Terms. Please read them carefully before using the Platform.
1. Registration:
To use the Platform, you must register an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and are solely responsible for any activities that occur under your account. You must immediately notify Transbidder of any unauthorized use or suspected breach of security.
2. Reverse Auction Bidding:
The Platform facilitates a reverse auction bidding process where transporters submit bids to transport machinery. As a customer, you may post transportation requests, including details such as origin, destination, specifications, and desired timeframe. Transporters will then submit bids, and you have the discretion to accept or reject any bid.
3. Accuracy of Information:
You are responsible for providing accurate and complete information regarding your transportation requirements. Any inaccuracies or misleading information may result in a disruption of the bidding process and may adversely affect the quality of bids received.
4. Payment and Fees:
4.1 The agreed-upon payment terms and fees for transportation services are solely between you (Customer) and Transbidder.
4.2 Full payment to be made within 30 days of Transbidder Invoice received - subject to credit approval.
4.3 Interest may be charged on 30 days plus outstanding invoice.
5. Communication and Contracts:
Once you accept a bid from a transporter, you enter into a contract directly with the transporter for the transportation services. Transbidder is not a party to this contract and is not responsible for the performance or quality of the services provided. Communication regarding the transportation details should take place through the Platform's messaging system.
6. Use of the Platform:
You agree to use the Platform in compliance with all applicable laws and regulations. You must not engage in any activities that may disrupt or interfere with the proper functioning of the Platform or compromise its security. Transbidder reserves the right to suspend or terminate your access to the Platform for any violation of these Terms.
7. Intellectual Property:
All intellectual property rights related to the Platform and its content, including software, graphics, logos, and trademarks, are owned by or licensed to Transbidder. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for its intended purpose.
8. Limitation of Liability:
Transbidder does not guarantee the accuracy, reliability, or availability of the bids, transportation services, or any information provided on the Platform. Transbidder shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Platform or the transportation services.
9. Privacy:
Transbidder collects, uses, and protects your personal information in accordance with its Privacy Policy. By using the Platform, you consent to the collection and processing of your personal information as described in the Privacy Policy.
10. Modifications to the Terms:
Transbidder reserves the right to modify or update these Terms at any time. Changes will be effective upon posting on the Platform. It is your responsibility to review the Terms periodically. Your continued use of the Platform after any modifications indicates your acceptance of the revised Terms.
11. Governing Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Transbidder is registered. Any disputes arising out of or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
12. Severability:
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that most closely reflects the intent of the original provision.
13. Entire Agreement:
These Terms constitute the entire agreement between you and Transbidder regarding your use of the Platform and supersede any prior or contemporaneous agreements, communications, or understandings, whether oral or written.
14. Waiver:
The failure of Transbidder to enforce any right or provision under these Terms shall not be deemed a waiver of such right or provision. Any waiver of any right or provision by Transbidder must be in writing and shall only apply to the specific instance for which it is given.
By using Transbidder's online bidding platform for reverse auction bidding to transport machinery, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree to these Terms, you must refrain from using the Transbidder Platform.
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Transporter Terms and Conditions
Terms and Conditions for Transporters on Transbidder Online Bidding Platform
These terms and conditions ("Agreement") govern your use of the Transbidder online bidding platform ("Platform") as a transporter for participating in reverse auction bidding to transport machinery. By using the Platform, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, do not use the Platform.
1. Eligibility:
1.1 You must be a registered transporter and comply with all applicable laws and regulations to use the Transbidder Platform.
1.2 You must provide accurate and up-to-date information during registration and throughout your use of the Transbidder Platform.
2. Platform Usage:
2.1 The Platform enables you to participate in reverse auction bidding to transport machinery.
2.2 You acknowledge that the Platform is a venue for transporters to bid on transportation.
2.3 You are solely responsible for all bids and transactions conducted through the Transbidder Platform.
3. Bidding Process:
3.1 Transbidder will provide details of transportation loads available for bidding, including machinery specifications, pickup and delivery locations, timelines, and any other relevant information.
3.2 You may review the load details and submit your bid through the Transbidder Platform.
3.3 Bids must be accurate, complete, and made in good faith. Once submitted, bids are considered final and binding.
3.4 Transbidder reserves the right to reject any bid or disqualify any transporter for any reason, including but not limited to violation of these terms and conditions.
4. Contract Formation:
4.1 The Customer has the sole discretion to accept or reject a bid.
4.2 If your bid is accepted, you will be notified and a communication gateway will be available between Transporter and Customer as well as Transbidder.
4.3 You agree to comply with all terms and conditions of the transportation load, including pickup and delivery dates, insurance requirements, and any other obligations specified.
4.4 It is the Transporters sole responsibility to keep Transbidder up to date with GIT Insurance cover and to ensure your GIT Insurance covers the applicable load bidding on, from collection to delivery.
4.5 Transporter is solely responsible to ensure a qualified personnel are responsible for loading, transporting and offloading.
4.6 Should the Transporter or Customer delay either party will not be responsible for any additional cost.
5. Fees and Payments:
5.1 Awarded Bids commission and admin fees are 5% on excluding VAT awarded bid amount.
5.2 Upon proof of delivery; Transbidder will be required to pay the Transporter the awarded bid price less 5% of awarded bid price for commission and administration fees within 30days from Transporter invoice received.
5.3 Transporter invoice requires the allocated Bid Number for reference to Transbidder.
5.4 Transporter is required to send signed proof of delivery along with invoice for payment.
6. Confidentiality and Data:
6.1 You acknowledge that during the bidding process, you may have access to confidential information provided by the Customer. You agree to keep such information confidential and not disclose it to any third party according to the POPI act.
6.2 In no instance will the Transporter in any way communicate directly with the Customer/ Bid Owner prior to your bid being awarded. Should there be any queries regarding bidding or awarded loads, communication point will be Transbidder. accounts@transbidder.co.za
6.3 Transbidder may collect and process your personal information in accordance with its Privacy Policy.
7. Indemnification:
7.1 You agree to indemnify and hold Transbidder, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, damages, liabilities, costs, or expenses arising out of or in connection with your use of the Platform or any breach of these terms and conditions.
8. Limitation of Liability:
8.1 Transbidder and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, arising out of or in connection with your use of the Platform, even if advised of the possibility of such damages.
9. Intellectual Property:
9.1 The Platform and all its content, including but not limited to software, logos, trademarks, and copyrighted materials, are the property of Transbidder or its licensors.
9.2 You are granted a limited, non-exclusive, non-transferable license to use the Transbidder Platform solely for the purpose of participating in reverse auction bidding as a Transporter. You shall not copy, modify, distribute, or create derivative works based on the Platform without Transbidder’s prior written consent.
10. Termination:
10.1 Transbidder may terminate or suspend your access to the Platform at any time and for any reason without prior notice.
10.2 Upon termination, you shall cease all use of the Transbidder Platform and any information obtained through it.
11. Governing Law and Jurisdiction:
11.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Transbidder is registered.
11.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts in the aforementioned jurisdiction.
12. Amendments:
12.1 Transbidder reserves the right to modify or update these terms and conditions at any time without prior notice. The updated terms will be posted on the Platform, and it is your responsibility to review them regularly.
12.2 Continued use of the Transbidder Platform after the posting of any modifications constitutes your acceptance of the revised terms and conditions.
13. Entire Agreement:
13.1 This Agreement constitutes the entire agreement between you (Transporter) and Transbidder regarding your use of the Platform and supersedes any prior agreements or understandings, whether oral or written.
14. Severability:
14.1 If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect to the extent permitted by law.
15. Waiver:
15.1 The failure of Transbidder to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if it is in writing and signed by Transbidder.
16. Relationship of Parties:
16.1 Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, employment, or franchise relationship between you and Transbidder. You are an independent contractor responsible for your own actions and liabilities.
17. Force Majeure:
17.1 Transbidder shall not be liable for any delay, failure, or interruption of the Transbidder Platform or the performance of its obligations under this Agreement caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, or labor disputes.
18. Survival:
18.1 Sections 6 (Confidentiality and Data), 7 (Indemnification), 8 (Limitation of Liability), 9 (Intellectual Property), 10 (Termination), 11 (Governing Law and Jurisdiction), and 14 (Severability) shall survive any termination or expiration of this Agreement.
19. Contact Information:
19.1 If you have any questions or concerns about these terms and conditions or the Transbidders online bidding platform, please contact us at accounts@transbidder.co.za
Please read these terms and conditions carefully before using the Transbidder online bidding platform. By using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions.