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Part 1 (General Provisions) is applicable to all users of the Site, whereas Part
2 (Registered User Provisions) is applicable to all users who register themselves
on the Site.
PART 1: GENERAL PROVISIONS
The following definitions shall apply to the Terms:
The term “Content Standards” shall mean the Site’s content standards as set out in clause 3.
The term “Fees” shall mean the fees payable to The Road Ahead Solutions Ltd in accordance with the provisions of clause 25.
The term “Registered User” shall mean a user registered on the Site in accordance with the provisions of clause 17.
The terms “User” or “You” mean any user of the Site.
2. Information about The Road Ahead Solutions Ltd
The Site is owned and operated by The Road Ahead.
3. Accessing the Site
3.1.1 Access to the Site is permitted on a temporary basis, and The Road Ahead Solutions Ltd reserves the right to withdraw or amend the service it provides on the Site without notice (see below).
The Road Ahead Solutions Ltd shall not be liable if for any reason the Site is unavailable at any time or for any period.
3.1.2 From time to time, The Road Ahead Solutions Ltd may restrict access to some parts of the Site, or the entire Site, to Users.
3.1.3 If You choose, or You are provided with, a user identification code, password or any other piece of information as part of The Road Ahead Solutions Ltd’s security procedures, You shall treat such information as confidential, and You shall not disclose it to any third party. The Road Ahead Solutions Ltd may disable any user identification code or password, whether chosen by the User or allocated by The Road Ahead Solutions Ltd, at any time, if in The Road Ahead Solutions Ltd’s opinion said User has failed to comply with any of the provisions contained in the Terms.
3.1.4 You are responsible for making all arrangements necessary for You to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms, and that they comply with them.
3.2 Prohibited uses
You may use the Site only for lawful purposes. You may not use the Site:
- in any way that breaches any local, national or international laws or regulations applicable to the use of the Site ;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect ;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards ;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) ;
- to knowingly transmit any data, send or upload any material that contains viruses, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware ;
- to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of the Terms ;
- to access without authority, interfere with, damage or disrupt any part of the Site, any equipment or network on which the Site is stored, any software used in the provision of the Site, or any equipment or network or software owned or used by any third party.
3.3 Content Standards Applicable to Users’ Contributions
3.3.1 The Content Standards set out below apply to any and all material which any User contributes to the site (“Contributions”), and to any interactive services associated with it.
3.3.2 The Content Standards shall apply to each part of any Contribution as well as to its whole.
3.3.3 Contributions shall:
- be accurate (where they state facts) ;
- be genuinely held (where they state opinions) ;
- comply with all the laws and regulations applicable to the use of the Site.
3.3.4 Contributions shall not:
- contain any material which is defamatory of any person ;
- contain any material which is obscene, offensive, hateful or inflammatory, or promotes sexually explicit material or violence ;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age ;
- infringe any copyright, database right or trade mark of any other person or entity ;
- be likely to deceive any person ;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence ;
- promote any illegal activity ;
- be likely to harass, upset, embarrass, alarm or annoy any other person ;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
4. Suspension and Termination
4.1 The Road Ahead Solutions Ltd retains the right to determine whether there has been a breach of the Terms through any User’s use of the Site. Whenever a breach is deemed to have occurred, The Road Ahead Solutions Ltd may take such action as it deems appropriate.
4.2 A material breach may result in The Road Ahead Solutions Ltd taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use the Site.
- immediate, temporary or permanent removal of any posting or material uploaded by You to the Site.
- issue of a warning to You.
- Legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against You.
- Disclosure of such information to law enforcement authorities as The Road Ahead Solutions Ltd reasonably feels is necessary.
4.3 To the fullest extent permitted by law, The Road Ahead Solutions Ltd excludes its liability for actions taken by The Road Ahead Solutions Ltd in response to breaches of these Terms. The responses described in these Terms are not limited, and The Road Ahead Solutions Ltd may take any other action.
5. Intellectual property rights
5.1 The Road Ahead Solutions Ltd is the owner of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.
5.3 You shall not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
5.4 The Road Ahead Solutions Ltd’s status (and that of any identified contributors) as the authors of material on the Site shall always be acknowledged.
5.5 You shall not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from The Road Ahead Solutions Ltd.
6. Reliance on information posted
Commentary and other materials posted on the Site are not intended to amount to
advice on which reliance should be placed. The Road Ahead Solutions Ltd therefore disclaims
all liability and responsibility arising from any reliance placed on such materials
by any visitor to the Site, or by anyone who may be informed of any of its contents.
7. The Site changes regularly
The Road Ahead Solutions Ltd aims to update the Site regularly, and may change its content
at any time. If the need arises, The Road Ahead Solutions Ltd may suspend access to the Site,
or close it indefinitely. Any of the material on the Site may be out of date at
any given time, and The Road Ahead Solutions Ltd is under no obligation to update such material.
8. The Road Ahead Solutions Ltd‘s liability
8.1 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, The Road Ahead Solutions Ltd hereby expressly excludes:
- All conditions, warranties and other terms which might otherwise be implied by statute(s), common law or equity law;
- Any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
8.2 Location or mapping information is provided for guidance only. It is based on postcodes, thus it cannot be an exact indicator of the location of a property. No liability is accepted for the accuracy of postcode or location information.
8.3 All of the above in this section 8 of the Terms does not affect The Road Ahead Solutions Ltd’s liability for death or personal injury arising from The Road Ahead Solutions Ltd’s negligence, or The Road Ahead Solutions Ltd’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
9. Information about the User and his/her visits to the Site
By using the Site, You consent to such processing and You warrant that all data provided by You is accurate.
10. Uploading material to the Site
10.1 Whenever You make use of a feature that allows You to upload material to the Site, or to make contact with other Users, You shall comply with the Content Standards. You warrant that any such Contribution does comply with the Content Standards, and You indemnify The Road Ahead Solutions Ltd for any breach of that warranty.
10.2 Any material You upload to the Site will be considered non-confidential and non-proprietary, and The Road Ahead Solutions Ltd has the right to use, copy, distribute and disclose to third parties any such material for any purpose. The Road Ahead Solutions Ltd has also the right to disclose your identity to any third party who is claiming that any material posted or uploaded by You to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
10.3 You will not upload material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
10.4 The Road Ahead Solutions Ltd will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by You or any other User of the Site.
10.5 The Road Ahead Solutions Ltd may remove any material or posting any User makes on the Site if, in The Road Ahead Solutions Ltd's opinion, such material does not comply with the Content Standards.
11. Linking to the Site
11.1 You may link to the Site’s home page, provided that you do so in a way that is fair and legal and does not damage The Road Ahead Solutions Ltd’s and/or the Site’s reputation or take advantage of such reputation, but You shall not establish a link in such a way as to suggest any form of association, approval or endorsement on The Road Ahead Solutions Ltd’s or the Site’s part where none exists.
11.2 You shall not establish a link from any website that is not owned by You.
11.3 The Site shall not be framed on any other site, nor may You create a link to any part of the Site other than the Site’s home page. The Road Ahead Solutions Ltd reserves the right to withdraw linking permission without notice. The website from which You are linking shall comply in all respects with the Content Standards.
11.4 If You wish to make any use of material on the Site other than that set out above, please address your request to firstname.lastname@example.org.
12. Links from the Site
Where the Site contains links to other sites and resources provided by third parties,
these links are provided for your information only. The Road Ahead Solutions Ltd
has no control over the contents of those sites or resources, and accept no responsibility
for them or for any loss or damage that may arise from your use of them.
13. Jurisdiction and Applicable Law
13.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although The Road Ahead Solutions Ltd retains the right to bring proceedings against You for breach of these conditions in your country of residence or any other relevant country.
13.2 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) shall be governed by and construed in accordance with the laws of England and Wales.
14. Use of “THEROADAHEAD” & DOMAIN NAME PROTECTION
No User shall acquire or use the word THEROADAHEAD or any variant that includes the word THEROADAHEAD as a trademark or any related intellectual property and which may be confused with the word THEROADAHEAD on Google Adwords or any similar internet advertising service.You agree not to register any domain name that includes the word “THEROADAHEAD”.
The Road Ahead Solutions Ltd may revise these Terms at any time by amending said Terms. You are expected to check these Terms from time to time to take notice of any changes The Road Ahead Solutions Ltd may have made, as they are binding on You when made. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.
16. Your concerns
If you have any concerns about material that appears on the Site, please contact email@example.com.
PART 2: REGISTERED USER PROVISIONS
17.1 Registered Users shall:
- be at least 18 years old; and
- always provide valid and complete contact information and shall always have a valid email address.
17.2 Registered Users may not misrepresent their identities.
The Road Ahead Solutions Ltd reserves the right to reject your registration at any time and for any reason and without notice to you.
17.4 If You are registering on behalf of a business or any corporate body, by registering on the Site You are confirming that You have the proper authority to bind the business/corporate body on whose behalf You are registering.
18.The Road Ahead Solutions Ltd’s Status
18.1The Road Ahead Solutions Ltd does not provide any transport services whatsoever. The Road Ahead Solutions Ltd is not a transportation service provider, freight forwarder, broker or intermediary of any sort.
The purpose of the Site is to provide a forum where potential buyers of transport services (“Buyers”) and businesses which provide transport services (“Suppliers”) can find each other (hereinafter together referred to as the “Parties” and individually as a “Party”).
Indeed, the Site serves as a neutral venue through which Suppliers and Users can meet and enter into negotiations with a view to entering into transactions. The Road Ahead Solutions Ltd is in no way involved in the actual transaction. The Road Ahead Solutions Ltd has no, and assume no, control over the quality, safety, or legal aspects of the jobs, services and/or transactions that take place through the Site.
18.2 It is the role of the Parties to select each other on the basis of the services required and the contractual terms and rates offered by each of the Parties. The Road Ahead Solutions Ltd does not carry out vetting of any Registered Users and therefore does not provide any assurances as to the ability of a party to perform its obligations under a contract.
18.3 With regard to any transaction made between Users, the resulting legal contract is entered into between those Parties only, and is subject to the terms and conditions of the Supplier or other terms as agreed upon between the parties. Parties should review any terms and conditions applying to the transaction.
19. Use of the Site
19.1 The Site operates as follows:
ð Buyers will post on the Site requirements they have for transport services that they need (“Buyer’s Posted Offer);
ð Suppliers will be able to offer their services on their own terms in response to any Buyer’s Posted Offer (“Bid”). Once a Bid is accepted by a Buyer, the contract is automatically entered into between the Buyer and the Supplier on the Suppliers’ own full terms contained in the Bid.
19.2 Buyer’s Posted Offers and/or Bids (“Submissions”) may be moderated. It will be at The Road Ahead Solutions Ltd’s discretion to determine whether or not a Submission falls within the Content Standards.
19.3 The Road Ahead Solutions Ltd cannot guarantee how quickly Submissions will be posted on the Site.
19.4 The Road Ahead Solutions Ltd is under no obligation to You or any other person to oversee, monitor or moderate the Site within the framework of the services The Road Ahead Solutions Ltd provides on the Site. The Road Ahead Solutions Ltd reserves the right to remove, or to disable access to, any submission which breaches the Content Standards.
20.1 Submissions may not relate to the transport of any goods whose transport is prohibited by law.
20.2 Submissions which relate to the transport of hazardous goods or other goods, including animals, whose transport is restricted by law, may only be made if those goods are packaged correctly and if the Submission states clearly:
- The nature of the goods to be transported; and
- The details of the transport method required to comply with all relevant applicable laws and regulations.
- Full responsibility for compliance with any applicable laws and regulations in relation to the transport of any hazardous or restricted goods lies with the Parties to that agreement. Parties transporting goods in breach of any such applicable laws or regulations may be subject to regulatory and/or criminal penalties.
21. Contact Details
21.1 Registered Users are not permitted to include contact information for the purpose of soliciting sales outside of the Site.
21.2 Suppliers are required by the Electronic Commerce (EC Directive) Regulations 2002 to display their contact details, including the geographic address at which their business is established.
22. Rules for Suppliers
22.1 Suppliers shall:
- honour and perform all of its obligations resulting from any contract entered into with a Buyer;
- provide the services for which payment was accepted; and
- include all taxes, including VAT, and Fees payable to The Road Ahead Solutions Ltd by the Buyer for the transport services in any Bid, excluding any import or export duty payable on the goods to be transported.
22.2 Suppliers shall not:
- bid against their own Bid, or have associates, or employees do so;
- significantly misrepresent their services by not meeting the terms and services description outlined in the Bid;
- refuse to accept payment for a service if their Bid is accepted; or
- attempt to contact Buyers directly or make their business identity or contact information available to Buyers by the use of photographs, images, text or logos in order to enter into a contract with the Buyer outside of the Site.
- enter into a contract outside of the Site as a result and following the acceptance by such Supplier of a Buyer’s Posted Offer.
23. Rules for Buyers
Buyers shall not submit their own bids to decrease Bids made by Suppliers. Users bidding for the provision of services shall be wholly independent from the Buyer of those services.
24.1 The Road Ahead Solutions Ltd will not be obliged to provide any Registered User with due diligence on any other Registered User.
24.2 For each transaction, Buyers and Suppliers may choose to rate each other by leaving Feedback. Buyers and Suppliers may leave a positive, negative, or a neutral rating, plus a short comment.
24.3 These ratings are used to determine Feedback Scores. In most cases, Users receive:
ð +1 point for each positive rating;
ð No points for each neutral rating;
ð -1 point for each negative rating.
24.4 Suppliers are not permitted to include in their Bids or terms of sale any conditions that limit or restrict the Buyer from leaving feedback.
24.5 Buyers are not allowed to threaten Suppliers with negative feedback or neutral Feedback in order to obtain goods or services not included in the original Buyer’s Posted Offer.
24.6 Suppliers may not require Buyers to leave specific feedback. Suppliers may not demand that Buyers withdraw existing feedback. These prohibitions apply to all feedback activity, whether prior to, during, or after delivery of services described in the original Buyer’s Posted Offer.
24.7 Feedback comments shall comply with rules on feedback listed on the Site.
25.1 The Site is free to use for Buyers. A success Fee is payable to The Road Ahead Solutions Ltd by a Buyer when a Bid is accepted by such Buyer. The Fee amount payable is deducted from the total value of the bid that is accepted. The payment of the balance due is payable by the Buyer directly to the Supplier in accordance to the terms and in a manner as agreed between both Parties.
25.2 The success Fee is equal to either a percentage of the transportation costs agreed between the two Parties or a minimum Fee (whichever is greater) calculated as follows:
Successful Bid Price
A minimum Fee of £10 plus VAT
10% of the value of the Bid, within this price range plus the above payment plus VAT
7.5% of the value of the Bid within this price range plus all of the above payments
5% of the value of the Bid within this price range plus all of the above payments plus VAT
Eg – based on a accepted bid of £2000 the Success Fee would be £137.50 +VAT broken down as follows:
£0-£100 (min fee) = £10
£100 - £500 (10% of £400) = £40
£500 - £1000 (7.5% of £500) = £37.50
£1000 - £2000 (5% of £1000) = £50
25.3 The Road Ahead Solutions Ltd may voluntarily waive its right to receive a success Fee in certain circumstances, but any such waiver is entirely discretionary to The Road Ahead Solutions Ltd.
25.4 Upon acceptance of any Bid, the Buyer shall pay the success Fee to The Road Ahead Solutions Ltd. The Road Ahead Solutions Ltd shall receive this success finder’s Fee as a third party business facilitator.
25.5 Suppliers are responsible for the collection and payment of all VAT associated with the supply of services to Buyers.
25.6 The Road Ahead Solutions Ltd may suspend, waive or change the method of calculation or rates of Fees at any time, either permanently or for any limited promotional or other period. Any changes will be described on the Site.
26.1 Transport contracts are formed between Buyers and Suppliers, thus accordingly, the negotiation of and the agreement upon any cancellation and its consequences are freely managed between the Parties without any intervention whatsoever of The Road Ahead Solutions Ltd. However, if one Party cancels before any transport service has been provided and the Buyer then wishes to recover its Fee then the Buyer may make a request to The Road Ahead Solutions Ltd for repayment. No request should be made by the Buyer within 7 days of the date of acceptance of the Bid or until reasonable attempts have been made by the Parties to agree upon the terms of cancellation directly without the intervention of The Road Ahead Solutions Ltd.
26.2 The Road Ahead Solutions Ltd will review all cancellation requests. If appropriate the cancelled Buyer’s Posted Offer will be relisted on the Site or deleted from it.
All cancellation requests shall follow the following strict procedure:
- a fee cancellation request form must be downloaded from the Site, completed and submitted by the Buyer within the timeframe indicated under Articles 26.1 and 26.2 of the present Terms ;
- The Supplier is then contacted and is given 72 hours to respond to the Buyer’s request;
- If the supplier fails to respond to the request within the 72 hours then the request for cancellation and the reasons given will be reviewed by The Road Ahead Solutions Ltd and a decision will be made to either relist the posting, refund the success fee or decline the request.
Such The Road Ahead Solutions Ltd’s decision is final as any success Fees are refunded at The Road Ahead Solutions Ltd’s sole discretion. Any request for a refund of the already paid success Fee should be made within 30 days of the acceptance of the bid. The Road Ahead Solutions Ltd may not be liable for requests made beyond this timeframe.
27. No Agency
Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between The Road Ahead Solutions Ltd and any Users whatsoever. Users shall not hold themselves out as implying any such relationship with The Road Ahead Solutions Ltd exists.