1.2. If you violate these Terms, the Provider reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any Account you have created for using the Site. You agree that the Provider does not need to provide you with notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.
1.3. You declare that by acceptance of these Terms and/or by using the Site you are of legal age to form a binding contract with the Provider.
1.4. To use the Site you may be required to enter into a separate agreement with a local Site operator in your region or country.
2.1. The RightWay Platform is a platform reserved to businesses acting for purposes within their commercial activity accessible through the web (either by internet site, or mobile application, or otherwise), which enables connection between various transportation providers ("Transportation Providers") from all over the world to interested entities which need to transfer cargo ("Shippers") ("Shippers" and "Transportation Providers".
2.2. The RightWay Platform allows Users to provide and request the following services (collectively the "Services"):
2.2.1. Shippers can request for the transport of their goods and the Transportation Providers can make transportation-offer. The request should include the necessary details for the Transportation Providers, such as location of the goods and the destination, a description of the goods to be transported including weight and dimensions, together with other relevant information for the Transportation Provider. The transportation-offer should include the necessary details for the Shipper, such as: rout and vehicle specification;
2.2.2. As soon as the request of the Shipper to transport of goods or transportation-offer of the Transportation Provider has been approved by the User, the details of the request/transportation-offer will be sent as soon as possible via the RightWay Platform to the User’s potential contractor;
2.2.3. Thereafter, the contractual engagement between the Shipper and the Transportation Provider will be made, in direct engagement between the Shipper and the Transportation Provider only. Using the RightWay Platform, under the terms and conditions of the Transportation Provider, meaning that the Site will not be a party to such contractual engagement between the providers of the Services to the consumers of the Services.
The Site is not responsible or liable for the contract between the Shipper and the Transportation Provider including without limitation not to the conditions under which the carriage shall be carried out. Such an agreement is the responsibility of the Transportation Provider and Shipper only.
2.3. The Site does not guarantee that a request by a Shipper is accepted or that an offer is made by a Transportation Provider.
2.4. The Site shall not assume any responsibility for any information provided by the Users, its integrity, accuracy and/or reliability. The Site makes no representation or warranty whatsoever as to success of a User on the RightWay Platform for the number of clients or amount of business, or the willingness or ability of Users to pay.
3.1. Suppliers of goods and services may be allowed to place their offers on the RightWay Platform and collect orders from the Site Users.
3.2. The terms and conditions of the partnership between the Site (the local Site operator) and User shall be specified by entering into a separate agreement.
4.1. It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable You to access and use the RightWay Platform. The Side does not provide You with the equipment to access and/or use the RightWay Platform. You are responsible for all fees charged by third parties related to your access to the Site and use of the RightWay Platform (e.g., charges by Internet service providers or air time charges).
5.1. During the process of creating an account in order to access the RightWay Platform and Service ("Account"), You may be required to select a password or to allow us to access your Account information from a social network service (the "Login Information"). For the purposes of these Terms, references to Account and Login Information shall include any Account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service. The following rules govern the security of your Account and Login Information:
5.1.1. You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account;
5.1.2. In the event You become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, You must immediately notify the Site and modify your Login Information;
5.1.3. You are solely responsible for maintaining the confidentiality of the Login Information, and You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by You;
5.1.4. You are responsible for anything that happens through your Account, whether or not such actions were taken by You. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal;
5.1.5. You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or receiving the Service, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Service by any of the above mentioned;
5.1.6.The Site reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party\\'s rights.
6.2. You represent and warrant that You have full right and authority to provide the Site with the foregoing information, including, without limitation, information regarding the qualifications authorizing You to provide and/or receive the Services, as applicable.
6.3. The Site takes no responsibility for examining the truthfulness or accuracy of the details in Users personal profile, credentials, qualifications, or any Users postings or transmissions.
6.4. By registering as a User, You represent, warrant and agree to the following:
6.4.1. You represent and warrant that you have full right and authority to provide the Services to Shippers if You are a Transportation Provider, and full right and authority to consume the Services if You are a Shipper;
6.4.2. You are a business entity that makes use of the RightWay Platform for itself;
6.4.3. At all times, You will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form on the Site RightWay Platform and will maintain and update all such information at all times;
6.4.4. You possess the knowledge, the resources, insurance, experience and personal necessary to perform the Services, in a professional, safe and reliable way and within agreed timescales;
6.4.5. You shall not perform Services in any jurisdiction where you are not authorized or licensed or in good standing to do so;
6.4.6. You will not misrepresent yourself or create a misleading name or listing. The foregoing requirements are ongoing obligations for you to maintain and update on a regular basis;
6.4.7. You will not attempt to provide any Services (i) that You are not qualified to provide and/or (ii) should You have not subscribed to the necessary insurance policy(ies), even if requested to do so by a User;
6.4.8. You will not take any actions which may undermine, disrupt or manipulate the integrity of the Users feedback (rating) system on the Site.
6.4.9. You will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services or any information or material that is not connected to the Services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
7.1. Transportation Provider shall pay fee to the Site or a local Site operator in the amount to be specified and displayed on the RightWay Platform not later the next day upon receipt of respective payment from a Shipper by transfer of funds via bank, unless otherwise agreed with User. Bank details for payment fulfilment shall be provided to User while a request or transportation-offer is processed.
7.3. In addition, note that Payment Processor may charge a standard fee per each transaction, which will be borne by You. Such fees can vary and change in accordance with your country of residence and are subject to each Payment Processor\'s terms and conditions applicable to You. We suggest that You access the applicable Payment Processor\'s website for additional information on the fees charged by a Payment Processor and on other terms and conditions which may apply to You in connection with a transaction made through such Payment Processor.
7.4. Without derogating from the foregoing, You are strictly forbidden from collecting money and/or contributing money using the Site and/or Providing Services in any manner that does not fully comply with the laws of the country in which You are resident or from which You use the Site, even if such collection and/or contribution can be technically affected on the Site or Services.
8.1. You hereby release us and each of our directors, officers, agents, contractors, partners and employees, from any and all liability, arising out of or in connection with your violation of any laws, rules or regulations, governing your use of the Site and/or by providing the Services.
9.1. The Site and Users are each independent contractors. This Agreement does not create a joint venture, partnership and principal-agent or employment relationship between the parties.
10.1 Ratings and reviews from Users are continuously available in order to ensure quality. The review is done in accordance to internal parameters. The Site shall no edit, delete any of the review unless due to fraud or other activities which otherwise violate these Terms. You will not take any actions which may undermine, disrupt or manipulate the integrity of the Users feedback (rating) system on the Site.
11.1. The Site may refuse access to the RightWay Platform or may terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Site, User Content (as defined below), products, or the Site’s intellectual property as determined by the Site in its exclusive discretion or Users’ complaints of not providing the Services or for providing them in violation of applicable laws. You may lose your user name, if applicable, as a result of Account termination, without responsibility on the part of the Site for any damage that may result from the foregoing. If You have more than one Account, the Site may terminate all of your Accounts.
11.2. You acknowledge that the Site is not required to provide You notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing benefits associated with your Account. In the event that the Site terminates your Account, You may not use any part of the RightWay Platform again without the Site’s express permission. If You believe that any action has been taken against your Account in error, please contact us at: email@example.com.
12.1. You agree that You are publishing such content willingly and You represent that You own such content or have received the necessary authorizations from third parties, that You have all rights to publish said content and that publishing of the content by You complies with all applicable laws.
12.2. Without derogating from the above but in addition thereto, You will not publish or communicate on or through the Site any unlawful, abusive, offensive, defamatory, obscene, pornographic, racist, profane, or indecent information.
12.3. The Site does not claim ownership of any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the Site by any User ("User Content"). However, by sending and/or creating User Content and/or using the Site You automatically grant the Site a non-exclusive, royalty-free, perpetual license of all worldwide rights to use, edit, modify, include, incorporate, adapt, record and reproduce such User Content, including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out of context, in all languages, in all media now known or hereafter created for the purposes set forth in the Site and these Terms, including for the avoidance of doubt commercial, non-commercial and/or promotional use by the Site associating such User Content with your user information and\or user name. You may request that the Site delete and make no further use of such material by contacting us at: firstname.lastname@example.org.
12.4. The Site may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Site. By using the RightWay Platform, You acknowledge and accept that You may be exposed to material You find offensive or objectionable. You agree that the Site will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
12.5. The Site reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the RightWay Platform with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, the Site shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive, and shall at no time be obligated to effect such removal other than under applicable law.
13.1. The Site may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Users. The Site is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. The Site may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Site, and these communications should not be considered reviewed or approved by the Site. You will be solely responsible for your activities within the Communication Channels and under no circumstances will the Site be liable for any activity within the Communication Channels. You agree that all your communications within the Communication Channels are public, and You have no expectation of privacy regarding your use of the Communication Channels. The Site is not responsible for information that You choose to share on the Communication Channels, or for the actions of other Users.
13.2. You shall not address or contact Users in any other way than the Site’s Communication Channels. The Communication Channels shall be used for the purpose of rendering the Services and shall not be used to any other purpose. Any other personal contact with the User shall not be given to You.
14.1. RightWay and/or its affiliates retains all rights in the Site and its materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, "Site Materials"). The entire contents of the Site are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party, to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without the Site\'s explicit, prior written permission. The foregoing shall not apply to your own User Content that You post through the Site in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from the Site. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Account as well as severe penalties.
14.2. The Site and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that You do not acquire any ownership rights by using the Site or by accessing any of the Service Materials, or rights to any derivative works thereof.
14.3. You are not required to provide the Site with any feedback or suggestions regarding the Services or any Service Materials. However, should You provide the Site with comments or suggestions for the modification, correction, improvement or enhancement of the RightWay Platform and Services and/or any Service Materials, then, subject to the terms and conditions of these Terms, You hereby grant the Site a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner the Site chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of the Site’s and its sublicensee\'s products and content embodying such comments or suggestions in any manner and via any media the Site chooses, but without reference to the source of such comments or suggestions.
15.1. You agree that your use of the Site and the RightWay Platform as a Transportation Provider or as a Shipper shall be at your sole risk. If you decide to provide Services through the use of the Site, you must comply with all applicable laws, and exercise a reasonable standard of care, at least the same as a professional Transportation Provider or Shipper would in a similar transaction not conducted through the internet, or the standard of care mandated by your profession, whichever is higher. You shall not have any plea, claim or demand against the Site, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of any Services you provide in connection with the use of the Site.
15.2. The Site makes no warranties or representations about the accuracy or completeness of the content of the Service offered by Transportation Provider, of the content of any sites linked to the Service and assumes no liability or responsibility for any:
(I) Errors, mistakes, inaccuracies, non-suitability or non-conformity of such content;
(II) Dissatisfaction from the suitability of the Services for the purpose of the User;
(III) Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of out of the Service;
(IV) Any unauthorized access to or use of the Site’s secure servers and/or any and all personal information and/or financial information stored therein;
(V) Any interruption or cessation of transmission to or from the Site;
(VI) Any cyber-attacks, bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party; or
(VII) Any errors or omissions in any User Content posted, emailed, transmitted, or otherwise made available.
15.3. Without derogating from the abovementioned, in no event will the Site, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to You or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Site or the RightWay Platform or other materials on, accessed through or downloaded from the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Site has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Site shall not be liable for any user submissions and User Content and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with You.
15.4. The Site accepts no liability for disputes between Users. The Site shall not be liable for any damage whatsoever, including but not limited to delays, delivery errors and wrongful or fraudulent use of the Services or the Site.
15.5. You agree to indemnify and hold the Site, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney\\\'s fees, arising out of or in connection with any of the following:
(I) Your use of and access to the Site;
(II) Your violation of any term of these Terms;
(III) Your violation of any third party right, including without limitation any contract infringements, copyright, property, or privacy right;
(IV) Any claim that a User Service made by You has caused damage to a third party; or
(V) Any User Content You post or share on or through the Site.
16.1. The Site may contain links to other websites or resources ("Linked Sites"). The Linked Sites are not under the control of RightWay and the Site is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Site is not responsible for webcasting or any other form of transmission received from any Linked Site. You acknowledge and agree that the Site will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17.1. You agree that We may change any part of the Site, including its content, at any time or discontinue it or any part thereof, for any reason, without notice to You and without liability.
17.2. You agree that We may change these Terms or any part of thereof, at any time. If such change, in our discretion, is material, we will notify You using one or more of the methods for sending notices as described in section 18 below. By continuing to access or use the Site and our services, following such notice, You agree to be bound by the revised Terms. In other cases we may request your refreshed consent to the Terms.
17.3. If You do not agree to the Terms, your only remedy is to discontinue your use of the Site and to cancel any Account(s) You have created for the use of the Site.
18.1. Notices to You may be made via the Site, text messages, and/or e-mail. The Site may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to You generally on the Site. You agree that all agreements, notices, disclosures and any other communications that the Site provide as aforementioned satisfy any legal requirement that such communications be in writing.
19.1. BY USING THE SITE, YOU AGREE THAT THE LAWS OF THE REPUBLIC OF CYPRUS, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS AND REGARDLESS OF YOUR LOCATION, WILL GOVERN THESE TERMS AND ANY DISPUTE OF ANY SORT THAT MIGHT ARISE BETWEEN YOU AND THE SITE. Any claim or dispute between you and the Site that arises in whole or in part from your use of the Site shall be decided exclusively by a competent court of the Republic of Cyprus, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of the Republic of Cyprus.
For any questions about these Terms or any other issue regarding the Site please contact us at: email@example.com
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