You agree to and understand the following terms and conditions in its entirety:
All modified terms and conditions shall take effect immediately after posting to the Bilberry Freight website, or upon the stated date included within our notice. Your continued use of our Services following the effective date of such changes will constitute your acceptance and consent to any and all modified terms. This Agreement may not be modified, amended, and/or changed by You in any manner. Furthermore, You agree that we may modify this Agreement or discontinue our Services at anytime and without notice and without any liability or responsibility to You.
This Agreement is effective on January 1, 2019 for all registered and non registered users.
The legal entity You are entering into this Agreement with is Bilberry Freight, Inc., a Canada Inc. Corporation, located at 8815 ave. du Parc, suite 402 Montréal, Qc H2N 1Y7 .
Payment processing services for Shippers and Service Providers on our website are provided by Square and are subject to the Square payment agreement.
By agreeing to our terms of service , You agree to be bound by the Services Agreement, as the same may be modified by Square from time to time.
As a condition of Bilberry Freight enabling payment processing services through Square, You agree to provide Bilberry Freight with accurate and complete information about You and Your business, and you authorize Bilberry Freight to share it and transaction information related to Your use of the payment processing services provided by Square.
Bilberry Freight does not guarantee any pricing, delivery, logistics, or other terms of business between you and other users of Bilberry Freight Services. Bilberry Freight does not provide any comprehensive guarantees regarding use of its Services, and our Services are not a substitute for thoughtfulness and awareness when engaging in business with other users.
We at Bilberry Freight are not responsible for any losses, damages, or injuries that may result from your choice to engage in, or business you transact with another user of our Services. If you do not agree with the foregoing, please do not use our Services.
1.License and Acceptable Use
The Bilberry Freight Services contain copyrighted material, inventions, know-how, potential patentable business method material, design logos, phrases, names, logos or applications, and code (“Intellectual Property Content”) all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests, and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the “look”, “feel”, “appearance”, and “graphic function” of our Services including but not limited to its color combinations, sounds, layouts, and designs. You agree and acknowledge that your use of the Bilberry Freight Services does not confer upon You any license or permission to use our (or any third party’s) Intellectual Property Content. You shall not reproduce, reverse engineer modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks, and copyrights are held by their rightful owners.
Bilberry Freight grants to you a non-exclusive, non-transferable (except as permitted below), worldwide limited license to make use of the Bilberry Freight Services. This license does not include any resale of Bilberry Freight Services, or its contents. You may not collect and/or use any shipment listings, descriptions, or prices for any reason. You may not engage in: any derivative use of our Service or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to You in this User Agreement are reserved and retained by uShip or its licensors, suppliers, users, rightsholders, or other content providers. No Bilberry Freight Service, nor any part of any Bilberry Freight Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bilberry Freight.
2. Definitions of our different type of users:
A person or company that arranges to have goods shipped on their own behalf by any type of conveyance. The shipper might be the consignee (recipient of the shipment) or the consignor (sender of the shipment), or a 3rd party that is neither. On Bilberry Freight, Shippers may be referred to as the “Shipping Customer” or “Customer” or “Booking Party”.
Transportation Service Provider (TSP). Any party, person, agent, or carrier that provides freight (or passenger) transportation and related services to a shipper or agency. For the transportation of goods, this includes carriers, brokers, freight forwarders, and third party logistics providers. On Bilberry Freight, Transportation Service Providers may be referred to as “service provider”.
A person or company who provides transportation of goods (or passengers) for compensation.
C. Freight Broker.
A person who, for compensation, arranges, or offers to arrange, the transportation of goods by an authorized motor carrier. Motor carriers, or persons who are employees or bona fide agents of carriers, are not brokers within the meaning of this definition when they arrange or offer to arrange the transportation of shipments which they are authorized to transport and which they have accepted and legally bound themselves to transport.
3. Bilberry Freight is a Neutral Venue and Digital Clearinghouse:
Bilberry Freight is not a Transportation Service Provider or Shipper. Our website acts as a venue where shippers and TSPs can interact and enter into agreements. Bilberry Freight is not a party to any shipping agreement made between Bilberry Freight users via the Bilberry Freight software platform. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. Bilberry Freight does not endorse, recommend, or refer any specific TSP or shipper, nor does Bilberry Freight have any control or influence over actions or decisions made by users of the service.
All users of the Bilberry Freight platform make their own decisions and You acknowledge and agree that we are not in any way arranging transportation or shipping or logistics services on your behalf. Because we are not involved in the actual transaction between shippers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of shippers to send items. We cannot ensure the shipper or TSP will actually complete a shipment. We cannot and do not guarantee the ability of users to complete or fulfill any services booked through the Bilberry Freight platform. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any registered user’s or non registered users identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our users. You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations made with regard to the arrangement of transportation services are not provided by us and are specifically and solely between You and the other user.
4. Access to Site and Services.:
You agree that You can form legally binding contracts under applicable law. Our Services are not available to temporarily or indefinitely suspended Bilberry Freight users. You acknowledge that You are at least 18 years of age. Minors may only use our Services in conjunction with their parents or guardians. If You are using our Services as a Broker, you agree that you possess the authority to act as a Broker on behalf of a Shipper or TSP. Users who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the Bilberry Freight Services are for transportation services only and that work that You provide will only involve transportation services. You agree that You will not use your participation in the Bilberry Freight website as a means to sell or market any types of goods or products, unless specifically allowed by Bilberry Freight.
You are responsible for reading all terms, conditions, and tariffs published by TSPs when booking shipments on Bilberry Freight. You are agreeing to the TSP’s terms, conditions, and tariffs; and entering into a legally binding agreement with the TSP, unless the transaction is prohibited by law or by this Agreement. You acknowledge that, unless otherwise noted by the TSP, pick-up dates, delivery dates, and transit times are estimates only and are not guaranteed. Cancellations may be requested by either party prior to services being rendered. A TSP reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. IMPORTANT: Bilberry Freight does not actively screen or qualify TSPs for compliance with federal, state or local laws and regulations, including. It is recommended that You confirm such compliance directly with the TSP before services are rendered by the TSP.
6. Transportation Service Providers:
You must legally be able to transport the shipments You engage with through bilberryfreight.com. 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, state, and federal licensing requirements. TSPs agree that, through the various products and features on Bilberry Freight, they are solely responsible for all aspects of services, pricing, and terms they offer the shipper. Rates, services, and terms are solely provided by the TSPs and not by Bilberry Freight.
You understand and acknowledge that all shipment information is provided by other registered users and Bilberry Freight has no control over or responsibility for the accuracy of this information. You are responsible for reading all of the shipment details and by booking shipments on Bilberry Freight, you are entering into a legally binding agreement to complete the services as requested by the shipper.
Shippers may be given one or more payment options at the time of booking with a TSP. As a part of the Bilberry Freight service, some users can make online payments to one another.
Bilberry Freight Payments is not an escrow or transactional service and each individual user is solely in control of payments made through Bilberry Freight. In other cases, partial payment in the form of a deposit can be made through Bilberry Freight with the remaining balance to be paid directly to the service provider.
Some users may be enrolled in Payment on Terms which allows for invoicing. Bilberry Freight has no control over the payments between users or the release of funds.
a) Full Pre-funded Payment:
The Shipper pre-funds to Bilberry Freight with the total shipping price and the payment is released to the carrier upon delivery within a period of 90 Days.
For pre-funded shipments, You authorize Bilberry Freight to release payment in accordance with the Service provider payment terms and Bilberry Freight payment terms
b) Bilberry Freight Deposit fees:
Shippers pay a deposit fees service charge and a deposit in the amount.
This deposit is paid to Bilberry Freight for our service charge. The deposit amount is then deducted from the booked shipping price and the shipper pays the remaining balance directly to the service provider at the agreed upon time. The service charge and deposit are non-refundable in the event of a completed shipment.
c) Chargebacks and Reversed Payments:
Unwarranted chargebacks or payment reversals initiated by Bilberry Freight users are prohibited and will result in the suspension of your Bilberry Freight service use, and may result in Bilberry Freight pursuing any and all options at its disposal to collect the withdrawn funds including, but not limited to, sending your unpaid account to a 3rd party collections agency. In the event that shipping services were not performed, all users or non registered users must abide by the Bilberry Freight cancellation policy. The Bilberry Freight cancellation process ensures the integrity of the feedback system and accuracy of any refund.
There are situations where a chargeback may be warranted, such as when a user feels that their card or payment method has been charged fraudulently. Prior to any chargeback initiation, Bilberry Freight must be notified by the card holder so that Bilberry Freight may investigate the claim to determine if a chargeback is appropriate. A chargeback may not be filed as a replacement, or an addition to, a cancellation of a Bilberry Freight transaction.
If an unwarranted chargeback of the shipper’s payment is initiated and accepted by the payment processor or other entity, Bilberry Freight reserves the right to charge the service provider for any costs associated with the chargeback. If a chargeback is accepted, the service provider becomes responsible for that invoiceable amount.
8. Pricing and Price Changes:
Bilberry Freight does not set or control prices offered by Shippers or service provider. Quotes and offers Shippers receive from service provider are required to be all-inclusive based on the information Shippers provide; however, if the actual shipment characteristics are materially different than specified by the Shipper and result in changes such as but not limited to equipment required, space required, accessorial services required, all duties, customs assessments, governmental penalties and fines, taxes, and legal costs allocable to shipments, then TSPs may invoice a different amount than the original quote, and the Booking Party shall be responsible for all additional costs incurred.
For the Less-than-Truckload (LTL) Published Rate format only, fuel surcharges shown at the time of booking are those that are in effect at the time of booking and are subject to change depending on the fuel surcharge rate effective on the actual pick-up date. In the event the shipper does not list commodity classification (class), then the density of the shipment will be calculated and converted to class based on the conversion chart per the National Motor Freight Classification Guide. Transit time will not affect the final invoice price unless specifically stated in the TSP’s rules tariff. Transit times are not guaranteed by Bilberry Freight. If the dimensions and/or weight of the shipment vary from the original quote, the TSP may charge additional amounts above the quoted price and the Booking Party shall be responsible for all additional costs incurred. TSPs may require the use of additional equipment and/or services to complete delivery of a shipment, in such cases, the TSP may invoice the Shipper to reflect the additional transportation costs and the Booking Party shall be responsible for payment of all additional charges. Shippers will be notified of any price changes or new fees that are requested through Bilberry Freight and Bilberry Freight will charge the Shipper’s payment method on file within 48 hours. In the event that a shipment is re-rated and the resulting amount due is less than the amount initially quoted and paid through Bilberry Freight Payments, a Bilberry Freight account credit equal to the difference between the amount initially paid and the adjusted invoice amount will be applied to the Shipper’s account. Credits may be applied toward booking any other shipment within one year of the date of issuance, otherwise they will expire. Shippers should contact our Support at firstname.lastname@example.org regarding refund requests, questions or concerns about their Bilberry Freight account credits.